Current location - Health Preservation Learning Network - Health preserving recipes - Example of How to Calculate Dependent Living Expenses
Example of How to Calculate Dependent Living Expenses
Calculation method of living expenses of dependents: If death compensation is included, it is generally calculated according to the standard of per capita disposable income of urban residents or per capita net income of rural residents in the last year where the appeal court is located, and it is calculated according to 20 years. Including disability compensation, it is generally calculated according to the disability level of the victim and the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the appeal court is located, and it is calculated for 20 years from the date of disability.

The specific standard for the dependent to pay living expenses is: the living expenses of the dependent are calculated according to the degree of the dependent's loss of working ability and the per capita consumption expenditure standard of urban residents in the previous year where the appeal court is located. If the dependent is a minor, it is calculated as 18 years old, and if the dependent has no ability to work and no other source of income, it is calculated as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year.

The living expenses of the dependents refer to those who died or were disabled due to road traffic accidents, had no other source of income, were supported by the victims, suffered from the loss of their source of income, and it was difficult to realize the claim for alimony, which directly affected their real life. The person responsible for the accident will compensate these people according to certain standards. The damage to the dependent's maintenance interests is the direct result of death or disability caused by road traffic accidents and should be compensated.

According to the standard of per capita consumption expenditure of urban residents or per capita annual living consumption expenditure of rural residents in the last year where the Court of Appeal is located,

If the obligee for compensation proves that the income standard of his domicile or habitual residence is higher than that of the place where the sued court is located, it can be calculated according to the relevant standard of his domicile or habitual residence.

Last year refers to the last statistical year when the court of first instance concluded its debate.

Disability grade coefficient: determined according to the degree of disability of the dependents,

To sum up, if there are multiple dependents, and the total living expenses of each dependent exceed the local income standard, at most, only the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year will be compensated, and the excess will not be compensated.

Legal basis:

Judicial Interpretation of Personal Injury Compensation in People's Republic of China (PRC)

Article 28

The living expenses of the dependents shall be calculated according to the degree of the dependents' loss of working ability and the per capita consumption expenditure of urban residents and rural residents in the last year where the Court of Appeal is located. If the dependent is a minor, it is calculated as 18 years old, and if the dependent has no ability to work and no other source of income, it is calculated as 20 years. However, those over 60 years of age will be reduced by one year for each additional year, and those over 75 years of age will be counted as five years.