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What is the standard for calculating the living expenses of the dependents?
The living expenses of the dependents are calculated according to the degree of disability of the dependents and the per capita consumption expenditure of urban residents and rural residents in the last year where the appeal court is located. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years. A supporter refers to a minor or adult close relative who has lost the ability to work and has no other source of income. The victim's household registration is in the countryside, but he has lived in the town for more than 1 year at the time of the traffic accident and has a fixed income. When calculating the amount of compensation, it shall be treated according to the standards of urban residents. Interpretation of Article 28 by the Supreme Law: 1. The living expenses of the dependents are calculated according to the degree of disability of the dependents, and according to the standards of per capita consumption expenditure of urban residents and per capita living consumption expenditure of rural residents in the last year where the appeal court is located. 2. If the dependant is a minor, it shall be calculated to be eighteen years old. 3. If the dependents have no ability to work and no other source of income, they will be counted as 20 years, but if they are over 60 years old, their age will be reduced by one year for each additional year, and if they are over 75 years old, they will be counted as 5 years. ? The calculation of dependents is based on the legal basis of dependents' living expenses. On February 29th, 2003, the Supreme People's Court promulgated the Interpretation on Several Issues Concerning the Trial of Personal Injury Compensation Cases (hereinafter referred to as the Interpretation), which came into effect on May 29th, 2004. Article 28 of the Interpretation stipulates: "The living expenses of the dependents shall be calculated according to the degree of loss of working ability of the dependents, and according to the per capita consumption expenditure of urban residents and the annual per capita living expenses of rural residents in the last year where the appeal court is located. If the dependant is an adult, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years. A supporter refers to a minor who should bear the obligation of support according to law or an adult close relative who has lost the ability to work and has other sources of income. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, the compensation provisions for traffic accident maintenance fees are as follows: Article 17 If the victim suffers personal injury, the compensation obligor shall compensate the expenses incurred for medical treatment and the income reduced due to absenteeism, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate the necessary expenses incurred due to the increase of daily needs and the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment. If the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses stipulated in the first paragraph of this article according to the rescue and treatment, also compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation, accommodation, lost time and so on for the funeral expenses of the relatives of the victim. Article 28 The living expenses of the dependents shall be calculated according to the degree of disability of the dependents and the per capita consumption expenditure of urban residents and the per capita annual consumption expenditure of rural residents in the last year where the appealed court is located. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years. A supporter refers to a minor who should bear the obligation of support according to law or an adult close relative who has lost the ability to work and has no other source of income. If the dependents have other dependents, the compensation obligor shall only compensate the victim for the part that he should bear according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year. Bian Xiao reminds everyone here that after a traffic accident, we must treat and deal with the problem calmly, handle the problem according to legal procedures, and do nothing illegal or prohibited by law. At the same time, when driving a vehicle in our life, we should drive carefully, obey the traffic rules, drive in a civilized way and take a safe road.