(Chinhphu.vn) – Mr. Le Dinh Thuat's father (in Hai Duong Province) is receiving monthly disability allowance, working at the City Blind Association and paying compulsory social insurance for 12 years. Now, his father reaches retirement age, his father pays voluntary social insurance for another 8 years to enjoy his pension. Mr. Thuat would like to ask, does his father get any disability benefits? Is unemployment insurance eligible? Regarding this issue, Hai Duong Social Insurance responds as follows:
According to Point 1, Article 44 of the Law on Persons with Disabilities 2010 stipulating social allowances, providing monthly care allowance as follows:
Beneficiaries of monthly social allowances include: People with special disabilities are particularly severe, except for the case specified in Article 45 of this Law.
According to Point 1, Article 51 of the Law on Persons with Disabilities 2010 that is stipulated as follows: People with disabilities are enjoying preferential policies for people with meritorious services to the revolution; If they are receiving monthly pensions or social insurance allowances, they shall not enjoy the policies prescribed in this Law if the Law on people with meritorious services to the revolution or the social insurance law has not yet been prescribed. "
According to the above regulation, people with severe disabilities and people with special disabilities who are not entitled to benefits are entitled to preferential policies for people with meritorious services to the revolution, who do not receive pensions or monthly social insurance allowances, shall be entitled to monthly allowances for people with disabilities.
Regarding the enjoyment of unemployment insurance: According to the provisions in Clause 1, Article 46 of the Employment Law No. 38/2013 / QH13 as follows: Within 3 months from the date of termination of the labor contract or work contract, employees apply for unemployment benefits at the Employment Service Center established by the state management agency for employment.
In Article 49 of the Employment Law No. 38/2013 / QH13 stipulates conditions for enjoying unemployment benefits as follows: “Employees stipulated in Clause 1, Article 43 of this Law are paying unemployment insurance to enjoy unemployment benefits when meet the following conditions: Termination of labor contracts or work contracts except for the following cases: Employees unilaterally terminate labor contracts or contracts to work illegally; enjoy pension, monthly allowance for loss of working capacity.
Having paid unemployment insurance for full 12 months or more within 24 months before terminating the working contract for the case specified at Point a and b, Clause 1, Article 43 of this Law; Having paid unemployment insurance for full 12 months or more within 36 months before terminating the working contract for the case specified at Point c, Clause 1, Article 43 of this Law.
The application for unemployment benefits has been submitted to the Employment Service Center in accordance with Clause 1, Article 46 of this Law.
Unable to find a job after 15 days from the date of submission of application for unemployment insurance.
Based on the above provisions, within 3 months from the date of termination of the labor contract or work contract, his father submits an application for registering unemployment benefits enjoyment to the Employment Service Center to entitle unemploymentbenefits.. When his father pays 8 years of voluntary social insurance to enjoy his pension, he will terminate his unemployment insurance from the month of pension benefit.