Dependent living expenses compensation standard Dependent living expenses are calculated according to the degree of disability of the dependent 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 appeal court is located.

The compensation obligee provides evidence to prove that its domicile or habitual residence is the standard of compensation for personal injury in cities and towns. The standard of living expenses for the dependents is:

(1) Dependent living expenses compensation standard

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 compensation obligee proves that the per capita disposable income of urban residents or the per capita net income of rural residents in his domicile or habitual residence is higher than the standard of the place where the court is sued, the alimony can be calculated according to the relevant standard of his domicile or habitual residence. 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.

(two) the compensation period for the living expenses of the dependents

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.

(3) Limitation on the share and total amount of compensation

If the victim is the sole supporter, the infringer shall bear all the living expenses of the dependents. If there are other dependents in the same order, the infringer shall bear the share borne by the victim. If the dependent has other dependents, the compensation obligor shall only compensate the victim for the part that he should bear according to law. If the father dies or is injured and the mother or other people support him, he will not bear this part, but only compensate the victim for what he should bear. 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.

(4) When determining the dependents, the obligee shall provide proof of the dependency relationship. Adult dependents, male under 18 years old, 60 years old, female under 18 years old, 55 years old, the compensation obligee shall provide the conclusion of inability to work or the certificate issued by the people's hospital at or above the county level, and shall also provide the villagers' committee or residents' committee with written proof that they have no other source of income.

(5) If the dependent dies after the accident and before compensation, the living expenses of the dependent shall not be compensated. However, from the accident to the death of the dependent, appropriate compensation may be needed.

(6) The person who should be supported by the victim according to law does not need his actual support before the death of the victim, but if he loses the ability to work after the death of the victim and has no source of income to ask the infringer to pay the necessary living expenses, he should be supported. Children born after the death of the victim have the right to ask the infringer to pay the necessary living expenses.

(7) In the case of disability, the formula for calculating the living expenses of the dependents is:

①/kloc-dependents under 0/8 years old:

Living expenses of the dependents = per capita consumption expenditure of urban residents or per capita annual living expenditure of rural areas in the last year of the sued people's court ×( 18- actual age) ÷ Number of people who have the obligation to support the dependents× disability compensation index.

② Age of family members 18 -60

Living expenses of dependents = per capita consumption expenditure of urban residents or per capita annual consumption expenditure of rural residents in the last year where the people's court is located ×20 years × number of people with maintenance obligations × disability compensation index.

③ Dependents aged 60-75.

Living expenses of dependents = per capita consumption expenditure of urban residents or per capita annual consumption expenditure of rural residents in the last year where the people's court is located ×[20- (actual age -60)]÷ Number of people who undertake maintenance obligations for dependents× disability compensation index.

④ Dependents over 75 years old.

Living expenses of dependents = per capita consumption expenditure of urban residents or per capita annual consumption expenditure of rural residents in the last year where the people's court is located ×5 years × number of people with maintenance obligations × disability compensation index.

(5) when there are several dependents.

The total annual compensation undertaken by the compensation obligor is less than or equal to the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural areas in the last year where the people's court is located.

(8) In the case of the death of the victim, the formula for calculating the living expenses of the dependents is:

(1)/kloc-dependents under 0/8 years old: living expenses of dependents = per capita consumption expenditure of urban residents or per capita annual consumption expenditure of rural residents in the last year of the sued people's court ×( 18- actual age) ÷ number of people with maintenance obligations;

②/kloc-dependents aged 0/8-60: living expenses of dependents = per capita consumption expenditure of urban residents or per capita annual consumption expenditure of rural residents in the place where the people's court is sued in the previous year ×20 years ÷ the number of people who have the obligation to support dependents;

③ Dependents aged 60-75: Dependent's living expenses = per capita consumption expenditure of urban residents or per capita annual consumption expenditure of rural residents in the last year where the sued people's court is located ×[20- (actual age -60)]÷ The number of people who have the obligation to support the dependents;

(4) Dependents over 75 years old: living expenses of dependents = per capita consumption expenditure of urban residents or per capita annual consumption expenditure of rural residents in the last year where the sued people's court is located ×5 years, and the number of dependents with maintenance obligations;

(5) When there are several dependents, the total annual compensation undertaken by the compensation obligor is less than or equal to the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural areas in the last year where the sued people's court is located.

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 (if the total number of dependents is no more than 4) 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.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 28 of the judicial interpretation of personal injury compensation

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.