WAISENPENSION
When a parent passes away, it is usually a big shock. Nothing is the same as before. But quite apart from the emotional strain, a number of organisational tasks usually await you.
The following information refers to the orphan's pension under the General Social Insurance Act (ASVG). The ASVG applies if the deceased parent was employed and insured under the ASVG. For other occupational groups (e.g. self-employed, civil servants, etc.), the orphan's pension may be regulated somewhat differently. In this case, please inform yourself at the respective social insurance institutions.
Requirements for filing an application:
- Death of a parent
- Minimum insurance period of the parent
- Child status
qualifying period:
The pension cut-off date is the next following first of the month unless the date of death falls on the first of the month. This reference date is used to determine whether someone receives a pension, how much it is and which insurance institution pays it out. The prerequisite is that the deceased person can prove a certain number of contribution months on this reference date. There are various ways of doing this:
Regardless of age
at least 180 months of contributions must have been paid into the compulsory insurance scheme or into a voluntary insurance scheme, or
there must be at least 300 months of insurance on the reference date.
Age-dependent
if the reference date is before the age of 50, at least 60 months of insurance must have been paid within the last 120 months before the reference date.
if the reference date is after the age of 50, there must be one additional insurance month to the 60 for each additional month of life after the age of 50. For this purpose, the framework period increases by two calendar months for each month of life.
The waiting period does not apply if the death was caused by an occupational accident, an occupational disease or a service accident in the armed forces. If the deceased parent had already claimed a pension before the death, the waiting period is also deemed to have been fulfilled.
If there is no entitlement to an orphan's pension because the waiting period has not been fulfilled, a settlement is due as a one-off benefit if the deceased has acquired at least one month of contributions.
Child status:
Eligible children are the legitimate, illegitimate and elective children of the insured person, as well as stepchildren (if they lived in a permanent household with the deceased person).
As a student, you can receive an orphan's pension until the age of 27 if you are seriously and purposefully pursuing your studies and can prove this. Serious and determined means that you have achieved 16 ECTS credits or 8 semester hours per academic year. In addition, the planned study time per study section may not be exceeded by more than one semester or, without study sections, by more than one training year. However, it is possible to apply for an extension of the semester.
Important: You have to provide proof of your studies and achievements to the competent pension insurance institution every year independently and without being asked, otherwise the orphan's benefit will be stopped and will only be resumed retroactively when the proof is provided.
Amount of the orphan's pension:
- In case of death of one parent: 40 per cent of the widow's/widower's pension.
- In case of death of both parents: 60 percent of the widow's/widower's pension.
In the months of April and October, you will receive a special payment in addition to the monthly pension. Furthermore, you are covered by free health insurance during the entitlement period.
Application:
To apply for the pension, you need a form which can be downloaded from the homepage of the Pension Insurance Institution. The orphan's pension will be awarded to you as of the day after the death of your parent if you file the application within six months after the death. If you apply later, the application date is also the pension start date. The application must be submitted to the competent pension insurance institution.
Important: You have to submit this application to the competent pension insurance institution on your own. Unfortunately, there is no automatic application!
The application form for under 18s can be found here.
The application form for over 18s can be found here.
Additional income:
If you receive an orphan's pension, you can earn additional income without restrictions, but it must be ensured that you can pursue a proper course of studies. In practice, if you work more than 20 hours per week, you will be asked what kind of work it is, and in these cases, the possibility to continue receiving the pension depends on whether your work is relevant to your studies.
Please note: The orphan's pension is considered income. This means that if you earn additional income, you may have to make sure that you do not exceed the income limits (e.g. for student grants) or income tax limits (keyword: tax exemption limits)!
Contact: PVA Landesstelle Oberösterreich
PVA Regional Office Upper Austria
Address: Bahnhofsplatz 8, 4021 Linz Bahnhofsplatz 8, 4021 Linz
Telephone: +43 (0) 5 03 03
E-mail: pva-lso@pva.sozvers.at
Website: www.pensionsversicherung.at
Status: October 2021
