Who is a dependent? Not everyone knows the exact definition of a given word, but each person has heard at least something about it. Who can be attributed to this category of citizens and what are their rights?
The concept of "dependent"
Who is a dependent? A dependent is an individual who is fully supported by other persons or the state.
This category can include disabled or disabled people. Able-bodied citizens who do not currently have a job are not dependents.
Who is a dependent is, in general terms, understandable. To understand in more detail, it is necessary to define the concept of “dependency”. What does it mean?
Dependency - full or partial maintenance, financial assistance, including cohabitation, which is considered the main and only means of subsistence. In many countries of the world this is considered a legally confirmed fact. Therefore, dependents are assigned various payments in the form of pensions, benefits and the allocation of an obligatory share of the inheritance.
Who is the dependent?
The following categories of citizens can be attributed to these persons:
- Minor children. Most children under the age of majority are considered dependents, as their material well-being is completely dependent on their parents or guardians.
- Brothers and sisters. If they have not reached the age of majority, then they can also be attributed to dependents.
- Grandchildren whose age has not reached eighteen years.
- Dependents also include adult children, brothers, sisters and grandchildren, if they are studying full-time in an educational institution. Their status will not change until they receive a diploma of education.
- Disabled people.
- Senior citizens. This category of citizens includes men over sixty years old and women over fifty five.
- In the presence of a life annuity contract, a person is also considered a dependent.
Dependent Rights
The legislation of the Russian Federation establishes the advantages of dependents in the right of inheritance:
- Disabled dependents of the testator related to his relatives receive the inheritance, regardless of what order is called for inheritance.
- If, during the year until his death, the disabled dependent lived together with the testator, he has the right to inherit along with the relatives of the deceased.
- An incapacitated dependent receives an obligatory share if the testator leaves a will in favor of other persons. It is half the share that would be due to him by inheritance.
- If there are no other heirs or they are removed from the inheritance by law, then all movable and immovable property shall be received by the disabled dependent. In this case, he is considered the heir to the eighth line.
- If a dependent finds himself in a situation as a result of which he loses his breadwinner, then he has the right to the appointment by higher authorities of a special allowance or pension for the loss of a breadwinner. The amount of such a pension will be calculated according to a special formula, which is determined by Russian law.
Establishment of the fact of being dependent
Having answered the question of who the dependent is, one should dwell on how to prove the fact of being dependent. Typically, such cases are considered by the district court. Of course, social institutions or the district administration, to which the person's place of residence belongs, can confirm being dependent. But it also happens that the listed authorities do not have the necessary information.It is then that it becomes necessary to go to court in order to receive official confirmation.
In order for the statement of claim to be accepted by the court, it is necessary to indicate why establishing the fact of being dependent is required.
There are many such reasons, but the most important are the following three:
- If necessary, to receive the inheritance that was left after death by the person on whose maintenance the dependent was.
- If you want to apply for social benefits or a survivor's pension after the death of the trustee. This requires evidence that the dependent and the alleged guardian lived together.
- If necessary, compensation for harm suffered in the event of the death of the breadwinner.
Dependent children
All children under the age of majority are dependent on the law. But there are exceptions. Suppose a child under the age of eighteen enters into a legal marriage, therefore, he becomes legally capable. Legally competent by court or by decision of the guardianship authorities may be recognized and adolescents over 16 years of age engaged in labor activities or entrepreneurship.
In other cases, the child is considered a dependent. It is important on whose content it is located. If there is a need for documentary confirmation of whether the alleged dependent lives with his guardian or not, a certificate of the composition of the family from the housing authorities will be sufficient.