A Philippine legal guide to who qualifies, who gets paid first, and how SSS handles competing claims.

1) The Benefit in Issue: SSS “Death/Survivor” Pension

When an SSS member dies, the SSS death benefit may be paid either as:

Monthly pension (often called the survivor’s pension / death pension), generally when the member has met minimum contribution conditions; or
Lump sum, when the contribution condition for a monthly pension is not met.

Who receives the death benefit depends on the SSS law’s order of beneficiaries. The crucial point in common-law situations is that SSS pays by legal status and statutory definitions, not by “live-in partner” arrangements—unless that partner falls within a category recognized by law (usually through a valid marriage or a guardian/representative role for minor beneficiaries).

2) Governing Framework: Who Counts as a Beneficiary Under SSS

Under the Social Security Act (now embodied in RA 11199, together with SSS rules), SSS identifies beneficiaries primarily as:

A. Primary beneficiaries

Dependent spouse (a legal spouse who is not disqualified under the rules), and
Dependent children (generally including legitimate, legitimated, legally adopted, and illegitimate children who meet dependency requirements such as age/condition).

B. Secondary beneficiaries

Dependent parents (typically when there are no primary beneficiaries).

C. Other recipients

If no primary or secondary beneficiaries exist, SSS may pay certain benefits to a designated beneficiary or under applicable SSS rules for distribution.

Core rule: If there is at least one primary beneficiary, the benefit is payable to the primary beneficiaries, and secondary/designated persons are excluded.

3) Key Definition: “Common-Law Partner” Is Not the Same as “Spouse” in SSS

In Philippine context, a common-law partner (live-in partner, cohabiting partner, boyfriend/girlfriend, “asawa” without marriage) is not automatically a “spouse” for SSS purposes.

What SSS generally recognizes as “spouse”

SSS typically recognizes a spouse by valid marriage (as shown by civil registry/PSA marriage records), subject to disqualifications under the rules (e.g., legal separation can affect “dependent spouse” status).

Practical effect

A common-law partner has no independent right to receive the survivor pension merely by cohabitation.
A common-law partner may still be involved as a claimant/representative for the children, but not as the beneficiary in their own right, unless legally married.

4) Priority When the Member Leaves a Common-Law Partner and Children

This topic usually arises in one of three real-world patterns. Priority differs depending on whether there is also a legal spouse.

Scenario 1: The member was not legally married and left children plus a common-law partner

Priority outcome (typical):

The dependent children are primary beneficiaries.
The common-law partner is not a primary beneficiary (because not a spouse).

How payment is usually handled:

If the children are minors, SSS pays through a legal guardian/representative payee.
- If the common-law partner is the children’s parent (often the mother), that person commonly claims on behalf of the minor children (because the children are the beneficiaries, not the parent-partner).
If the children are of age (or otherwise legally capable), they claim directly.

Bottom line: In this scenario, children come first. The common-law partner may receive money only as a representative for the children, not as a personal entitlement.

Scenario 2: The member had a legal spouse, and also had a common-law partner and children

This is the most disputed situation. The key is separating:

who is a beneficiary, versus
who is merely a claimant/representative, and
which children qualify.

Priority outcome (typical):

The legal spouse (if qualified as a “dependent spouse” under SSS rules) is a primary beneficiary.
The dependent children—including illegitimate children who meet SSS dependency requirements—are also primary beneficiaries.
The common-law partner is not a beneficiary.

Important: Illegitimate children are not “lesser” for SSS dependency purposes SSS commonly recognizes illegitimate children as “dependent children” if the member’s paternity is properly established/acknowledged under SSS documentary standards (often via birth certificate details and related proof).

How payment is usually structured in practice:

The legal spouse is usually paid the survivor’s pension portion payable to the spouse (subject to SSS rules on duration and disqualifications).
The children receive dependents’ pensions/children’s shares (often limited to a maximum number of dependent children recognized at a time under SSS rules).

Who can claim for which children (family law matters that affect SSS processing):

For legitimate minor children, the surviving legal spouse-parent is typically the natural guardian/representative.
For illegitimate minor children, Philippine family law generally places parental authority with the mother, which often means:
- the common-law partner (as mother) may be the one who can claim for the illegitimate minor children (again: claiming for the children, not for herself).
- the legal spouse is generally not the natural guardian of illegitimate children not her own.

Bottom line: Where there is a legal spouse, the common-law partner is not in the line of beneficiaries. The real beneficiaries are the legal spouse (if qualified) and all dependent children who qualify, whether legitimate or illegitimate.

Scenario 3: The member left a common-law partner and children, but the “legal spouse” issue is contested (void marriage, annulment, legal separation, foreign divorce recognition, etc.)

SSS does not typically decide complex marital validity issues based only on competing stories. It relies on official records and final court decrees.

General practical rules:

If there is a PSA marriage record and no final court ruling declaring the marriage void/annulled (or otherwise terminated and properly recorded), SSS commonly treats the marriage as existing for benefit purposes.
If there is a final judgment (e.g., declaration of nullity/annulment, recognized foreign divorce where applicable, or other legally recognized termination), SSS can treat the spouse status accordingly—especially if properly documented and recorded.

If there are competing claimants (legal spouse vs common-law partner):

SSS may require additional documents, affidavits, and may temporarily hold or segregate certain payments while evaluating eligibility.
SSS may insist that disputes about marital status be settled through appropriate legal documentation/court rulings, especially when records conflict.

Bottom line: Disputed marital status can delay payment to the spouse-claimant, but children’s eligibility (if clearly established) is often more straightforward—especially if the children’s documents are complete.

5) Dependency Requirements for Children (Who Actually Qualifies)

“Children” do not automatically qualify forever. For SSS survivor benefits, children must meet dependency conditions such as:

Age-based dependency (commonly below a certain age threshold, often 21), and
Status-based dependency (typically unmarried and not gainfully employed), or
Disability/incapacity (children over the age threshold may remain dependents if incapacitated and meeting SSS medical/documentary requirements).

Important limitations often applied in SSS practice:

SSS rules commonly limit dependents’ pensions to a maximum number of dependent children counted at one time (often starting from the youngest). This affects how many children receive a separate dependent’s portion concurrently, even though all may be legally recognized as children.

6) What the Common-Law Partner Can and Cannot Do

A. What a common-law partner cannot do (as a rule)

Cannot claim the survivor pension as “spouse” without a valid marriage recognized by SSS.
Cannot override primary beneficiaries by being “named” informally; statutory beneficiaries prevail.

B. What a common-law partner can do

File/assist the claim on behalf of the children, if:
- the partner is the children’s parent, or
- the partner is appointed/recognized as the children’s guardian/representative payee under SSS requirements.
Receive and manage the children’s benefit only in a representative capacity, subject to SSS controls (especially for minors).

Crucial distinction: The payee/representative is not the beneficiary. The money remains the child-beneficiary’s entitlement.

7) How SSS Typically Allocates the Benefit Between Spouse and Children

While the exact computation depends on the member’s contribution record and SSS formulas, the structure commonly works like this:

A base monthly pension is payable as the death/survivor pension to primary beneficiaries; and
A dependents’ pension portion is payable for qualified dependent children, often computed as a percentage of the base pension (and sometimes with a floor amount), subject to SSS limits.

Practical impact in conflict cases:

The legal spouse’s share (if eligible) and each child’s dependent portion are treated as distinct entitlements under the SSS framework.
If there is no eligible spouse, children may receive the pension through their representative payee until they age out or otherwise cease to be dependent.

8) Disqualifications and Termination Events (Why a Beneficiary Can Lose the Pension)

A. For the spouse (dependent spouse)

SSS rules typically allow spouse benefits to continue subject to conditions; common termination/disqualification triggers in SSS practice can include:

Events that end “dependent spouse” entitlement under the rules (commonly issues tied to marital status such as remarriage, where applicable under SSS policies), and
Situations where the spouse is not considered a dependent spouse (e.g., legal separation may affect eligibility as “dependent spouse,” depending on the documented status and SSS interpretation).

B. For children

Children’s entitlement usually ends when they:

exceed the dependency age threshold and do not qualify under disability rules, or
marry, or
become gainfully employed (as evaluated under SSS standards), or
no longer meet disability/incapacity requirements (for those qualified due to incapacity).

9) Documentation: What Determines Who Gets Paid (and Who Gets Rejected)

SSS decisions in these cases are usually document-driven. Common requirements include:

A. For the death claim (basic)

Member’s death certificate
Claimant/beneficiary IDs and SSS forms
Proof of relationship (marriage certificate, birth certificates, etc.)

B. For the spouse

PSA marriage certificate (or recognized equivalent)
In contested cases, SSS may look for:
- court orders/decrees (nullity/annulment/legal separation/recognition of divorce where applicable), and/or
- supporting records clarifying status

C. For children (including illegitimate)

Child’s PSA birth certificate (showing the member as parent where applicable)
If records are incomplete or paternity is questioned, SSS may require additional proof consistent with its rules (often a major friction point for illegitimate children whose documents do not clearly reflect paternity).

D. For claiming on behalf of minors

Proof of guardianship/parental authority as required by SSS practice
Representative payee documents and IDs
In some cases, SSS may require a court-issued guardianship order when the claimant is not the parent or when circumstances are disputed.

10) Common Conflict Situations and How SSS Typically Handles Them

A. Legal spouse vs common-law partner (both trying to claim as “spouse”)

SSS typically recognizes the legal spouse based on PSA marriage records.
The common-law partner is generally denied “spouse” status but may pursue claims for the children if qualified to represent them.

B. Legal spouse attempting to block illegitimate children’s claims

Illegitimate children who meet SSS dependency requirements and have proper documentation are generally treated as dependent children for benefit purposes.
The dispute often becomes documentary (paternity, records completeness) rather than moral/fault-based.

C. Multiple sets of children (legitimate and illegitimate)

SSS can recognize multiple children as beneficiaries if they qualify as dependent children.
Allocation is subject to SSS dependents’ pension rules and any maximum-count limitations applied at a time.

D. Marital status disputes (void/annulled marriage claims)

Without a final court decree and proper records, SSS commonly follows existing civil registry records.
Benefits may be delayed or subjected to additional verification when claims directly contradict official records.

11) Practical Priority Rule (Philippine SSS Reality)

When a member dies leaving a common-law partner and children, the priority is usually:

Dependent children (always primary beneficiaries if they qualify), and
Legal spouse (if a valid marriage exists and the spouse qualifies as “dependent spouse”),
Common-law partner: not a statutory beneficiary, unless legally married; may only act as representative for the children.

Put simply: Children are not displaced by a common-law partner. A common-law partner does not outrank children and is not treated as spouse for SSS survivor pension purposes.

12) Key Takeaways

SSS survivor benefits follow statutory categories: primary beneficiaries first (legal spouse and dependent children).
A common-law partner is generally not a beneficiary in SSS death/survivor pension claims.
Children—legitimate or illegitimate—may qualify as dependent children if they meet SSS dependency and documentation requirements.
The common-law partner’s main role, when any, is as a guardian/representative payee for minor children, not as a personal recipient of the pension.
Most disputes are resolved through documents (PSA records and final court decrees), not narratives about who lived with whom.