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Beneficiaries
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The children of the originator, whatever the legal nature of their relationship.
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The children of the surviving spouse brought to the marriage, as long as this took place two years before the death of the originator, they had lived at his expense and also do not have the right to another Social Security pension, nor are there family members with the obligation and possibility of providing them with food, according to civil legislation.
On the date of the originator's death, the children listed in the above two paragraphs must be:
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In general, people under 21 years of age or of legal age who have a reduced capacity for work evaluated at a level of permanent, total disablement or severe disability (applicable since 02-08-2011).
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In cases of absolute orphan status (when there are no parents or foster parents):
- When the orphan is not in paid employment by another person or in self-employment, or if the orphan is employed, but annual earnings are less than the current SMI also calculated for a year, the age will be adjusted up to 25 years (applicable since 02-08-2011).
- If the orphan is studying and reaches the age of 25 during the academic year, they will continue to receive the orphan's pension until the first day of the month immediately following the beginning of the next academic year.
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In cases of simple orphan status (when one parents or foster parents is still alive):
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If the orphan does not work or their earnings are below the guaranteed minimum wage (SMI), the 25-year age limit will be applicable as of 01-01-2014. Until this date, the limit will be: for 2011, aged 22; for 2012, aged 23 and, fpre 2013, aged 24.
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If the orphan is studying and reaches the age of 25 during the academic year, they will continue to receive the orphan's pension until the first day of the month immediately following the beginning of the next academic year.
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