SSS DEATH BENEFIT ELIGIBILITY OF ADULT ILLEGITIMATE CHILDREN (Philippine Legal Perspective, 2025)

1. Legal Framework

Instrument	Key Provisions on Children & Death Benefits
Republic Act No. 11199 (Social Security Act of 2018) – supersedes RA 8282	§8(k) defines dependent child; §13(a–c) details the death pension, lump-sum, and hierarchy of beneficiaries.
SSS Circulars & Implementing Rules (latest consolidated rules, 2019-2024)	Operationalizes RA 11199 definitions, filing windows, proof requirements, and computation formulas.
Family Code & Civil Code	Supply rules on filiation, legitimation & acknowledgment that influence how illegitimacy is proved.
Selected Supreme Court and CA rulings	Clarify “dependency,” hierarchy conflicts, and documentary proof (e.g., SSS v. Miguel, G.R. 219243, 28 July 2021; SSS v. Bermudo, G.R. 200619, 23 March 2016).

Note: SSS law is a special social-legislation; equity and liberal construction favor coverage, but the hierarchy in §13 is strictly applied.

2. Beneficiary Classes Under SSS Death Benefit

Primary Beneficiaries (first priority)
- Dependent spouse (until remarriage) and
- Dependent children – legitimate, legitimated, legally adopted or illegitimate who are:
  - Unmarried, unemployed, and
  - Below 21 years, or above 21 but permanently incapacitated/unable to support themselves.
Secondary Beneficiaries
- Dependent parent/s (mother, father, or both) who were wholly dependent on the member for regular support at the time of death.
Designated/Other Beneficiaries
- Persons expressly named in the member’s records or, if none, the member’s legal heirs as determined by succession law.
- They receive only a lump-sum, never the monthly pension, and only when no primary or secondary beneficiary exists.

3. Where Adult Illegitimate Children Fit In

Situation of the Illegitimate Child	Eligibility Result
Under 21 / incapacitated (regardless of legitimacy)	Primary beneficiary – shares in the monthly death pension.
Over 21, able-bodied, not wholly dependent	Not a primary beneficiary. May qualify only as an “other/designed beneficiary” entitled solely to a lump-sum—and only if no spouse, minor/incapacitated child, or dependent parent survives the member.
Over 21 but permanently incapacitated (must be proven by medical certificate & SSS medical evaluation)	Still counted as a primary beneficiary despite age; entitled to a share in the pension.
Member expressly listed the adult illegitimate child as beneficiary	Designation is respected after exhausting primary & secondary classes; benefit is a lump-sum.

Key Take-aways

Age-21 cut-off is absolute unless permanent incapacity is established.
“Illegitimate” status does not by itself disqualify; it is the loss of “dependence” due to adulthood that drops them from the primary tier.
Adult illegitimate children never outrank dependent parents.

4. Proof & Documentation

Requirement	Notes Specific to Adult Illegitimate Children
Birth Certificate (PSA-issued)	Must identify the deceased parent or be supported by Affidavit of Acknowledgment/Paternity if the father’s name is absent.
Valid IDs of claimant	Any government-issued ID, plus proof of residence.
Medical Evaluation & SSS Medical Certificate (if alleging incapacity)	Required when claiming primary status despite being > 21 yrs.
Proof of support/dependence (for secondary or other beneficiaries)	Receipts, affidavits, barangay certification, bank transfers, etc.
Member’s Death Certificate	PSA copy + LCR transcript if necessary.
SSS E-1/E-4 forms or Beneficiary Designation Records	To prove explicit nomination.
Joint Affidavit of Two Disinterested Persons	Common when documentary links are incomplete (e.g., unregistered recognition).

5. Benefit Computation Overview

Monthly Death Pension (only if primary beneficiaries exist and the member has ≥36 monthly contributions):

Higher of:
• ₱1,000–₱2,400 minimum (varies by AMSC* band and dependents); or
• 110% of member’s monthly disability pension equivalent; or
• 40% of average monthly salary credit (AMSC).
+₱250 monthly SSS benefit adjustment (RA 11199)
+₱1,000 additional (2017 pension hike)
Dependent’s allowance: 10% of pension or ₱250, whichever is higher, for up to five qualified children.

No adult child allowance without incapacity status.

Lump-Sum Benefit
- If <36 data-preserve-html-node="true" contributions or no primary beneficiaries:
```
Lump-sum = AMSC × (number of CYC*) × 12
```
  CYC = Credited Years of Membership
- For “other” beneficiaries (including adult illegitimate children) the same formula applies but only after parents are bypassed.

6. Common Scenarios & Illustrations

Scenario	Benefit	Notes
Deceased leaves spouse + 3 children (17, 19, 24 incapacitated)—two legitimate, one illegitimate	Monthly pension: spouse (until remarriage) + 17- & 19-year-olds + 24-year-old incapacitated child share dependents’ allowance	Illegitimate child’s share is equal to legitimate children under RA 11199 (the Civil Code’s “1/2 share” rule does not apply in SSS law).
Deceased unmarried, leaves two adult illegitimate children (25 & 27, both employed) + living mother	Mother (dependent parent) gets lump-sum. Adult children get nothing.
Deceased leaves no spouse, no parent, only a 30-year-old illegitimate child	Child receives lump-sum as “other beneficiary” (if recognized/acknowledged or heir by intestacy).
Deceased listed adult illegitimate child on SSS Form E-4; later married and had a minor legitimate child but forgot to update record	Minor child and spouse supersede. Adult child becomes contingent; will receive nothing unless both spouse and child become disqualified (rare).

7. Procedural Steps for Filing

Gather documents (see § 4 above).
Online appointment via My.SSS or walk-in at the member’s servicing branch.
Submit Death Claim Application (SSS Form DDR-1), two copies.
Interview & evaluation – SSS claims specialist verifies dependency, filiation, and contribution history.
Medical assessment (if incapacity claimed).
Cheque or PESONet/UMID pay-out once approved. Average processing time: 10-30 working days for uncomplicated claims; longer if judicial documents are needed (e.g., for filiation).

8. Jurisprudence & Administrative Trends

Case / Ruling	Take-away
SSS v. Miguel (2021)	Court reiterated that proof of paternity for illegitimate children may be established by substantial evidence, not strictly a PSA birth certificate.
SSS v. Bermudo (2016)	Adult child (>21) who was 80% disabled authenticated by SSS Medical Board was deemed primary beneficiary.
SSS Policy Instruction Nos. 2020-004 & 2023-002	Streamlined e-claims for single-heir situations; still honors hierarchy.

Trend: SSS adopts a more liberal view of filiation but remains strict on age/incapacity rules for determining primary beneficiaries.

9. Practical Tips & Pitfalls

Update SSS Records Early. Members should regularly file SSS Form E-4 to acknowledge illegitimate children; post-mortem recognition is harder.
Incapacity Proof Must Be Permanent. Temporary injuries do not extend primary eligibility beyond 21.
Dependency ≠ Support Alone. Parents receiving token amounts do not automatically disqualify a child’s “other beneficiary” claim; amounts must show “wholly dependent” status for parents.
Watch Contribution Count. Even when only a lump-sum is due, contributions drive the amount; late payments after death do not count.
Multiple Illegitimate Children. Their shares are equal among themselves and, if still minors/incapacitated, equal to legitimate minors.

10. Conclusion

Under Philippine SSS law, adult illegitimate children (over 21 and able-bodied) do not enjoy the preferential status granted to a dependent spouse, minors, or incapacitated offspring. They may benefit only as residual lump-sum claimants, and even then only when the statutory primary and secondary tiers are absent or disqualified.

While filiation hurdles have been eased, age and incapacity remain the decisive gates. Families should therefore proactively update SSS files and secure documentary proof to avoid prolonged estate or benefit disputes. As always, consult a Philippine social-security or labor lawyer for case-specific advice.

This article reflects statutes, regulations, and jurisprudence up to 11 June 2025. Future amendments to RA 11199 or new SSS circulars may modify these rules.