The death of a loved 1 is an highly hard time, which involves not only mourning, but besides the necessity to do many formalities. 1 of them is to settle matters with the Social Insurance Institution. Many people do not realize that the pension money that belonged to the deceased is not lost. ZUS recalls the existence of a procedure called "payment of an unfulfilled benefit" which allows the household to recover the funds due. Moreover, in any cases it may not be 1 or even a fewer outstanding payments.
This procedure is clearly defined, but it is crucial to meet the circumstantial conditions and, most importantly, to meet the deadline. The right to this money is given to circumstantial groups of household members, and the order of their rights is precisely established. knowing these principles is crucial to effectively make a request and recover funds which, under the law, have been entitled to the deceased pensioner and which he has not already received.
What is an unrealized witness from the Social Insurance Institution? Key definition
The basic concept to be understood is ‘unrealised benefit’. Contrary to appearances, it is not about the reimbursement of the pension that already entered the account after the date of death – specified funds are mostly returned to the Social safety Office. Unrealised witnessing is money to which the deceased acquired the right in life, but did not get it. The simplest example is that the benefit for a given period has not been paid due to the fact that ZUS has already received information about the death of the pensioner.
Iwona Kowalska, a ZUS spokesperson in Lower Silesia, explains: “When individual died in November and ZUS failed to pay a benefit for the individual in November due to the fact that he received information about the death of a pensioner or pensioner, at the request of the family, the alleged unfulfilled benefit may be paid‘. This means that the household may apply for payment of the full amount of the pension for the period in which the death occurred. This right derives straight from the fact that the benefit is payable for the full month, irrespective of the day of the period of the death of the rightholder.
It is worth noting that this applies not only to pensions, but besides to incapacity for work, household pensions, sickness benefits, rehabilitation benefits or ceremony allowances. The procedure is so much broader and may concern various forms of support paid by the Social Insurance Institution.
Even a fewer pensions from the deceased. ZUS explains on a circumstantial example
The situation becomes even more favorable to the household erstwhile the deceased applied for a pension, fulfilled all the conditions, but died before ZUS could make a decision and start paying. In this scenario, the amount of the outstanding benefit may include several months of outstanding payments. The Social Insurance Institution itself gives an illustrative example to explain this principle.
Imagine the situation described by ZUS: "Mr Janusz applied for a pension on 3 January 2018 and fulfilled all the conditions essential to grant it, but as a consequence of an unfortunate accident he died on 5 March 2018, before receiving a pension decision from us". In this case, unrealised benefits will be pensions due to Mr Janusz for January, February and March. The household may, upon request, receive Total amount for those 3 months. This shows how crucial it is to check the pension position of the deceased, especially if he was in the process of applying for a fresh benefit.
This is key information for families who might presume that if the deceased has not received any decision, then no money belongs to him. However, the law does work differently – the minute of acquisition of allowances is important, not the minute of physical withdrawal of funds. Therefore, it is always worth to contact ZUS and ask about the position of possible proceedings.
Who can claim money? ZUS indicates 3 qualified groups
Any associate of the household shall not be entitled to an unrealised benefit. ZUS precisely defines the hierarchy of persons entitled. This means that if the application is made by a first-group person, the subsequent groups lose their right to it. The order is as follows:
- Group one: First, he is entitled spouse and children, provided that they have maintained a common household with the deceased. It's the most crucial condition in this group.
- Group two: If there are no persons fulfilling the first group conditions, they may apply for benefits spouse and children with whom the deceased did not run a common household.
- Group three: Finally, they are entitled other household members who are entitled to household pension after the deceased or those on whom the deceased remained. This applies, for example, to grandchildren, siblings or parents if they are able to prove that they are maintaining the recipient.
This hierarchy is crucial. ZUS examines applications in accordance with the given order. It is so so crucial that the proposal is accompanied by supporting documents, e.g. the moving of a common household, which can importantly accelerate the procedure and guarantee payment to the right person.
How do I apply step by step? papers and key deadline
To receive money, it is essential to submit a formal application. This does not happen automatically. Complete the peculiar ZUS form with the symbol ENS – Application for payment of an unused benefit. This printing is available in all ZUS facility and on the authoritative website of the Department.
The application itself should be accompanied by a set of papers which will confirm our right to benefit. The list of required attachments shall include:
- Abbreviated copy of death certificate – a basic paper without which the application will not be examined.
- A short copy of the matrimony certificate – where a widow or widower applies for money.
- Short copy of birth certificate – if the application is made by the kid of the deceased.
- Evidence confirming the moving of the joint household or the fact that the deceased is kept (e.g. statements, bills to a common address).
However, the most crucial information is the deadline. An application for payment of an unfulfilled benefit must be submitted before expiry 12 months after the date of death of the recipient. After that date, the claim for payment expires and recovery of the money becomes impossible. The only exception is that, at the time, a court procedure was pending to establish the acquisition of a succession, but, in principle, the yearly deadline must be strictly monitored.
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ZUS will pay money after the death of the loved one. You can get even a fewer pensions!
