Who is entitled to the arrears?
The pension of the month of decease
The pension of the month of decease can be paid if the pensioner passed away after the payment of the pension.
If the pensioner passed away before the pension payment, the pension of the current month cannot be paid unless there is a surviving cohabiting spouse.
The deceased received a civil service pension? In this case, the orphans who can claim a survivor's pension because of the decease, may also be entitled to the pension payment of the month of decease.
Arrears due to the decease
Who is entitled to arrears due to a decease?
There are 'decease arrears' if the deceased had not yet received one or more benefits from the Pensions Service. This concerns the following benefits:
- Pensions, annuities and/or compensations for disabled persons
- Guaranteed Income for Elderly Persons
- Holiday allowance
The pension
The deceased received a civil service pension? The arrears will be paid to:
- the surviving spouse;
- the orphans if there is no surviving spouse and on the condition that the orphans qualify for a survivor's pension;
- the heirs if there is no surviving spouse nor orphan, and on the condition that they apply within 12 months after the date of decease.
The deceased received a pension as an employee and/or self-employed worker, or certain annuities and/or compensations for disabled persons were not paid? The arrears will be paid in the following order to:
- the spouse with whom the pensioner was cohabiting at the time of decease;
- the children with whom the pensioner was cohabiting at the time of decease;
- the mother or father with whom the pensioner was cohabiting at the time of decease (only for compensations for disabled persons);
- every other person with whom the pensioner was cohabiting at the time of decease;
- the person who paid the nursing fees;
- the person who paid the funerary costs.
If there are several entitled persons within the same category, one of them has to be authorized to receive the arrears.
Guaranteed Income for Elderly Persons
The arrears for the Guaranteed Income for Elderly Persons (GIEP) that could not be paid to the pensioner, can be paid, exclusively upon request, in the following order to the person who:
- paid the funerary costs;
- paid the nursing fees.
When there are several entitled persons, one of them has to be authorized to receive the arrears.
Holiday allowance
The Pensions Service always pays the holiday allowance together with the pension amount of the month of May. If the Pensions Service still has to pay arrears for the pension amount of the month of May, it will also pay the holiday allowance.
Find out more about your entitlement to arrears in case of a decease.
Do you have to apply?
The spouse and children who are officially residing at the same address as the deceased:
- do not have to apply for pension arrears. The Pensions Service will automatically pay the 'arrears due to decease'.
- do have to apply for GIEP arrears.
Any other entitled parties to pension or GIEP arrears, always have to apply with the Pensions Service by means of the form 'Model 83'. The municipality where the deceased officially resided will confirm whether or not the details are correct.
If the person entitled paid nursing fees or funerary costs, they should attach the paid invoices. These have to be signed for receipt by the undertaker, or the bank statement has to be attached as proof of payment.
If the retired pensioner lived abroad, the paid invoices should be attached to the application. These have to be signed for receipt by the undertaker, or the bank statement has to be attached as proof of payment.
When do you have to apply?
The application should be filed within the six months following:
- the date of decease;
or - the date a decision was sent, if it was sent after the decease.