Life annuity for disability following the death of a State official
Verified 16 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The children of a civil public official (civil servant or contract worker), a judicial magistrate, a military officer or a public worker who dies may be entitled to a life annuity for disability if the death occurred from 1er January 2024. We present you with the information you need to know.
Warning
The disability annuity does not apply to members of the local and hospital civil service.
The information differs according to the status of the public official, i.e. civil servant or contract worker:
Official
In order for children to receive a life annuity for disability, the public official had to be in one of the following situations at the time of death:
- In activity position
- On secondment to a State administration or public establishment
- On secondment to a public company or a public interest group
- On secondment to hold an elected public office
- On secondment to exercise trade union mandate
- In automatic availability for health reasons
- In parental leave.
Contractual
In order for children to receive a life annuity for disability, the public official had to be in one of the following situations at the time of death:
- In operation
- In parental leave
- On leave to serve as a member of the Government or to serve as a member of the National Assembly or the Senate or the European Parliament.
Children who are eligible for a life annuity for disability include:
- Child of the deceased official or contractor
- Child who was the actual dependants of the official or contractor on the day of his death.
The children considered to be the actual dependants of the deceased official or contractor are:
- Child of the deceased official or contractor, under 18 years of age or infirm, who has no income other than that declared by the deceased official or contractor
- Child taken in by the deceased official or contractor, at his or her household, who has no income other than that declared by the deceased official
- A child under the age of 21 (or under the age of 25 if pursuing education) and a child of any age with a disability who has chosen to be reunited with the tax home of his or her deceased parent
- A child under the age of 21 (or under 25 if he or she is continuing his or her education) and a child of any age with a disability who has chosen to be attached to the tax home of the deceased official or contractor who took him or her in after he or she had become an orphan of both father and mother.
A child may be entitled to a life annuity for disability if he or she fulfills one of the following conditions:
- Be entitled, on the date of death of the official or contractor, to Disabled Adult Allowance (DAA)
- Being in a situation that allows your legal representative to be eligible for the education allowance for a disabled child (AEEH) on the date of the death of the official or contract worker.
FYI
In the event of the death of the second parent, the child shall be entitled, under the same conditions, to a 2e a life annuity for disability if the second parent was also a civil servant or a contract worker of the State (or a member of the military, a judicial magistrate or a state worker).
An application for a life annuity for disability shall be made to the employer of the official or of the member of the contract at the time of his death.
The processing of the application and the payment of the disability pension are carried out by the State Pension Service.
The employer of the deceased official or contractor shall forward to the SRE the information necessary for the examination of the application.
Please note
the employer of the deceased official or contractor shall inform the declared children of the deceased official of their rights.
The amount of the life annuity for disability is fixed at €6955.20.
This amount shall be revalued each year in accordance with the amount of the annual social security ceiling.
No, if the eligibility conditions continue, the disability annuity is paid throughout the child's life.
No, the life annuity for disability cannot be combined with the temporary education pension.
The disability annuity is paid directly to the child if he or she is entitled to the AAH.
It is paid to the child’s legal representative if the child’s situation allows him or her to fulfill the conditions required to benefit from the EHRA.
The disability annuity is paid monthly with due date from 1er day of the month following the date of death of the official or of the contractor.
Payment of the life annuity for disability shall be suspended at the end of the month in which the child no longer fulfills the condition to receive it.
Payment of the annuity shall resume when the child again fulfills the condition to benefit from it.
Payment of the pension shall cease definitively on the day of the child's death.
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