Do elderly people who have grandchildren to support them receive social benefits?
My mother is an only child and I am also the only grandchild who is taking care of my grandmother (who is elderly). So, is my grandmother entitled to social benefits? This is a concern of Ms. Hoang Thi Van (Hung Nguyen commune, Nghe An).
Reply:Clause 5, Article 5 of Decree No. 20/2021/ND-CP stipulates that beneficiaries of monthly social allowances are the elderly, including the following cases:
Article 5. Social protection beneficiaries receiving monthly social allowances
[…]
5. Elderly people falling into one of the following cases:
a) Elderly people who are poor households and have no one with the obligation and right to support them, or have someone with the obligation and right to support them but this person is receiving monthly social allowance;
b) Elderly people from poor households, without anyone with the obligation and right to support them, without conditions to live in the community, eligible for admission to social assistance facilities but have someone to raise and care for them in the community.
Pursuant to Clause 2, Article 10 of the Law on the Elderly effective from July 1, 2010:
People with the obligation and right to support the elderly are:
- Children and grandchildren of the elderly;
- Other people have the obligation to support and provide support according to the provisions of the law on marriage and family.
In addition, according to Clause 6, Article 2 of Decree 20/2021/ND-CP: People with the obligation and right to support the elderly are the wife, husband or children, grandchildren of the elderly and other people who have the obligation to raise and provide support according to the provisions of the law on marriage and family.
Pursuant to Articles 107, 113, 114 of the 2014 Law on Marriage and Family, other people with the obligation to provide support and maintenance include:
- Siblings: have the obligation to support each other in case there are no parents or the parents do not have the conditions to look after, raise, care for, and educate their children.
- Paternal and maternal grandparents: have the obligation to support their grandchildren in cases where the grandchildren are minors or adults who are unable to work, have no property to support themselves and have no one to support them according to regulations; at the same time, adult grandchildren who do not live with their paternal and maternal grandparents have the obligation to support their grandparents in cases where the grandparents are unable to work, have no property to support themselves and have no one else to support them.
- Aunts, uncles, paternal uncles: have the obligation to support their nieces and nephews in the event that the nieces and nephews are minors or adult nieces and nephews who are unable to work and have no property to support themselves without anyone else to support them; at the same time, adult nieces and nephews who do not live with their aunts, paternal uncles, paternal uncles have the obligation to support these people in the event that they are unable to work and have no property to support themselves without anyone else to support them.
Thus, you are the one who has the right and obligation to support your grandmother. Therefore, if you are the only one who has the obligation to support your grandmother according to the above regulations and you are also receiving monthly social allowance, then your grandmother will receive monthly social allowance; conversely, if you are not receiving monthly social allowance, your grandmother will not receive monthly social allowance.
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