ESIC Covid-19 Relief Scheme under Section 19 of the Act

Employees’ State Insurance Corporation notifies ESIC Covid-19 Relief Scheme under Section 19 of the Act.

No. N-12/13/1/2019-P&D.—Whereas draft notification to further notify the ESIC COVID-19 Relief Scheme was published in the Gazette of India EXTRAORDINARY Part III Section 4 Sl. No 245 dated 18.06.2021 for inviting objections and suggestions from all persons likely to be affected thereby till the expiry of period of thirty days on which the notification was published;

And whereas, the said Gazette notification was made available to the public on 18.06.2021;

And suggestion received were considered;

Now, therefore in exercise of the powers conferred upon sub-section (1) of Section 97 of the Employees’ State Insurance Act 1948 (34 of 1948), the Employees’ State Insurance Corporation, do hereby notifies ESIC COVID19 RELIEF SCHEME under Section 19 of the Act as a welfare measure for the Insured Persons who are employees under Section 2(9) of the ESI Act under which in case of death of IP due to COVID-19, the eligible dependant family members of IP will be paid periodic payments directly to their bank accounts.

2. Eligibility conditions of the scheme are as under: –
   
   a) The IP who died due to COVID-19 disease must have been registered on the ESIC online portal at least three months prior to the date of diagnosis of COVID-19 disease resulting in his/ her death.
   b) The deceased IP must have been in employment on the date of diagnosis of COVID-19 disease and contributions for at least 70 days should have been paid or payable in respect of him/ her during a period of maximum one year immediately preceding the diagnosis of COVID-19 disease resulting in death.
   
3. In case of death of the IP due to COVID-19, the following relatives of the deceased IP shall be eligible to receive periodical payments under the scheme:-
   
   i. spouse, a legitimate or adopted son who has not attained the age of twenty- five years, an unmarried legitimate or adopted daughter;
   ii. a widowed mother.
   iii. if wholly dependent on the earnings of the insured person at the time of his death, a legitimate or adopted son or daughter who has attained the age of twenty-five years and is infirm.
   iv. In case the deceased IP does not leave spouse or legitimate or adopted child or widowed mother then the following relatives, if wholly or in part dependant on the earnings of the Insured Person at the time of his death:-
   a) a parent other than a widowed mother,
   b) a minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or adopted
   or illegitimate if married and a minor or if widowed and a minor,
   c) a minor brother or an unmarried sister or a widowed sister if a minor,
   d) a widowed daughter-in-law,
   e) a minor child of a pre-deceased son,
   f) a minor child of a pre-deceased daughter where no parent of the child is alive, or
   g) a paternal grand-parent if no parent of the insured person is alive.
   
4. 90 % of the average daily wages of the deceased IP, which will be called as full rate of the relief, will be paid to the dependants of the IP who died due to COVID-19 disease in the manner as under: –
   
   i. to the spouse during life, an amount equivalent to three-fifths of the full rate. If there are two or more widows, the amount payable to the spouse as aforesaid shall be divided equally between the widows;
   
   ii. to each legitimate or adopted son, an amount equivalent to two-fifths of the full rate until he attains the age of twenty-five years. In the case of a legitimate or adopted son who is infirm and is wholly dependent on the earnings of the insured person at the time of his death, the relief shall continue to be paid while the infirmity lasts;
   
   iii. to each legitimate or adopted unmarried daughter, an amount equivalent to two-fifths of the full rate. In the case of legitimate or adopted daughter who is infirm and is wholly dependent on the earnings of the insured person at the time of his death, the relief shall continue to be paid while the infirmity lasts.
   
   iv. to the widowed mother during life an amount equivalent to two-fifths of the full rate.
   
   v. If the total of the relief distributed under the scheme among the spouse, legitimate or adopted children and widowed mother of the deceased person as aforesaid exceeds at any time the full rate, the share of each of these dependants shall be proportionately reduced, so that the total amount payable to them does not exceed the amount of relief at the full rate.
   
   vi. In case the deceased person does not leave spouse or legitimate or adopted child or widowed mother the relief shall be payable to other dependants as follows: –
   
   a) To a parent other than the widowed mother or grand-parent, for life, at an amount equivalent to three-tenths of the full rate and if there are two or more parents (other than widowed mother) or grand-parents the amount payable to the parents (other than widowed mother) or grand-parents as aforesaid shall be equally divided between them.
   
   b) to any other —
   (i) male dependant, until he attains the age of eighteen years,
   (ii) female dependant, until she attains the age of eighteen years or until marriage, whichever is earlier or if widowed, until she attains eighteen years of age or re-marriage, whichever is earlier at an amount equivalent to two-tenths of the full rate and if there be more than one dependant under (b) the amount payable shall be distributed equally.
   
5. The Scheme shall be effective for a period of two years w.e.f. 24.03.2020.
   
6. The minimum relief under the scheme shall be Rs 1800/- per month.

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