SSS Maternity Unclaimed Philippines

Dear Attorney,

I would like to inquire about unclaimed maternity benefits from the Social Security System (SSS). I am unsure how to proceed, and I need legal guidance on the proper steps to claim the benefit. What should I do if I have not yet claimed it and is there a time limit for filing this claim?

Concerned Employee

Insights

Understanding SSS Maternity Benefits in the Philippines

The Social Security System (SSS) maternity benefit is a daily cash allowance given to female members who are unable to work due to childbirth or miscarriage, including emergency termination of pregnancy. This benefit is part of the SSS's broader role in providing social security protection to its members. Under Republic Act No. 8282, also known as the "Social Security Act of 1997," and its amendments under Republic Act No. 11210 or the "105-Day Expanded Maternity Leave Law," eligible SSS members can claim maternity benefits.

Who is Eligible?

The SSS maternity benefit is available to all female members of the SSS who meet the following conditions:

1. The member has paid at least three monthly contributions within the 12-month period immediately preceding the semester of her childbirth, miscarriage, or emergency termination of pregnancy.

2. The member has given the required notification to the SSS, as prescribed by SSS rules.

Additionally, whether employed, self-employed, unemployed, or voluntary members, they can claim maternity benefits provided they meet the contribution and notification requirements.

Amount of Maternity Benefit

The amount of maternity benefit is equivalent to 100% of the member's average daily salary credit (ADSC) for each day of the maternity leave. The Expanded Maternity Leave Law increased the number of days for which the benefit can be availed:

• 105 days for live childbirth, with an additional 15 days for solo mothers (as defined under RA 8972 or the "Solo Parents' Welfare Act").
• 60 days for miscarriage or emergency termination of pregnancy.

Claiming the Benefit

To claim the maternity benefit, the following steps must be followed:

1. Notification Requirement: The SSS member must notify her employer of her pregnancy (if employed) or file the notification directly with the SSS (if self-employed or voluntary) at least 60 days before the expected date of delivery.

2. Filing the Claim: After childbirth, miscarriage, or emergency termination of pregnancy, the SSS member must file her maternity benefit claim by submitting the required documents, including medical certificates, birth certificates, or other supporting documents, as applicable.

What if the Benefit is Unclaimed?

Maternity benefits should be claimed promptly after the qualifying event (childbirth, miscarriage, or emergency termination of pregnancy). The SSS imposes a prescriptive period for filing benefit claims. Typically, SSS members have ten (10) years from the date of childbirth or miscarriage to file a claim for maternity benefits. This time limit is based on the general rule under the Civil Code of the Philippines governing claims that prescribe within ten years unless a specific statute provides otherwise.

Failure to file the claim within this period may result in the forfeiture of the benefit, meaning that the member would lose the right to receive the maternity benefit.

Special Considerations

There are cases where members face challenges in claiming the maternity benefit:

1. Delayed Filing: If the claim is delayed due to lack of awareness, missing documents, or confusion about the process, the SSS may entertain a late filing as long as it is within the prescriptive period of ten years. However, members are strongly advised not to delay, as administrative backlogs or other issues could complicate the claim process.

2. Employer Non-Compliance: In some cases, employers may fail to notify the SSS of the employee’s pregnancy or may not properly remit the required contributions. In such instances, the employee can file a complaint with the SSS and may seek legal action against the employer under the applicable provisions of labor laws.

3. Self-Employed and Voluntary Members: These members must ensure that they have complied with both the notification and contribution requirements. Failure to remit sufficient contributions within the prescribed periods could result in the denial of the claim.

Remedies for Unclaimed Benefits

If a member finds herself in a situation where the maternity benefit has not been claimed, she should immediately review the following:

• Contribution History: Verify the number of contributions made during the relevant period before the semester of the childbirth or miscarriage.

• Timely Notification: Ensure that the required notification was submitted within the proper timeframe.

• Required Documentation: Prepare all necessary documents such as the birth or miscarriage certificate, medical records, and other relevant papers.

If there is an issue with any of the above, it may still be possible to file a late claim, provided it is within the 10-year prescriptive period.

Conclusion

SSS maternity benefits provide financial assistance to female members during a crucial time of need. It is essential for eligible members to be fully aware of the filing procedures, deadlines, and requirements to ensure they can claim their benefits. Delays in filing or failure to meet the required conditions could lead to the forfeiture of these valuable benefits. Members are encouraged to stay informed of their rights and responsibilities under the law and seek legal advice if there are any doubts or complications in the claims process.