If you are under 55, medically recognized as disabled, and your spouse, also disabled, is deceased, you can claim a disabled widow's or widower's pension. This is not assigned automatically. It is necessary to apply for it from the health insurance fund of your deceased spouse.
The invalid widow's or widower's pension is a benefit paid by Social Security under invalidity insurance. It is paid to the spouse whose husband or wife is deceased provided that the deceased, at the time of his death, was either the beneficiary of an invalidity or retirement pension, or the holder of rights to a retirement pension. disability or retirement.
Another condition:to receive the disabled widow's or widower's pension, the surviving spouse must themselves be recognized as medically disabled and, more specifically, their disability must reduce their ability to work by at least two-thirds.
Finally, to benefit from an invalid widow's or widower's pension, it is necessary to be under 55 years of age. Note:from the age of 55, this benefit can be replaced by a widow's or widower's old-age pension (widowhood allowance or survivor's pension) of the same amount, which is paid by the Pension and Health Insurance Fund at work (Carsat).
The disabled widow's or widower's pension cannot be combined with a survivor's pension. On the other hand, under certain conditions, it can be paid in addition to other allowances, such as for example the supplementary disability allowance (ASI) or the differential adult disabled allowance, income from a professional activity, a basic retirement pension, or an annuity paid if the death of the spouse is due to an accident at work.
The amount of a disabled widower's or widower's pension depends on the age of the deceased disabled spouse.
If the deceased had not reached retirement age, this pension is equal to 54% of the disability pension of 2 e category from which he benefited or could have benefited. The amount of the latter is equivalent to 50% of the average annual salary of the beneficiary, i.e. a minimum of 294 euros per month and a maximum of 1,714 euros.
If the disabled spouse died after the legal retirement age, the disabled widower's or widower's pension is equal to 54% of the old-age pension he was or could have been receiving.
The amount of the disabled widower's or widower's pension is increased by 10% if the insured person has had at least 3 dependent children for at least 9 years before each child turns 16. On the other hand, this benefit is subject to compulsory social security contributions, the general social contribution (CSG) and the contribution to the reimbursement of social debt (CRDS), except for non-taxable insured persons.
The invalid widow's or widower's pension is no longer paid when the surviving spouse who benefits from this benefit remarries or if he or she ceases to be recognized as invalid.
The granting of an invalid widow's or widower's pension to the surviving spouse is not automatic. In addition to having to meet the conditions seen above to benefit from it, it is necessary to apply for it.
To do this, you must complete the Cerfa form n° 50815#03, which is available on the ameli.fr website and send it to the health insurance fund of your deceased spouse.
This form must be accompanied by supporting documents. Concerning you, it is a medical certificate confirming your disability; proof of your identity and, if necessary, that of your dependent children; proof of your tax situation; of the notification of allocation of your invalidity pension, a pension for an accident at work or occupational disease, or your retirement pension. The supporting documents to be provided concerning your deceased spouse are:his Vitale card, or a certificate of his rights, and the notification of attribution of one or more of his invalidity or retirement pensions.
If you apply for an invalid widow's or widower's pension less than one year after the death of your spouse, this benefit is paid from 1 st day of the month following the date of death or from the 1 st day of the month following the date on which your disability is recognized.
A disabled widower's or widower's pension applied for more than one year after the death of their disabled spouse is paid from 1 st day of the month following the date of receipt of your request or from the 1 st day of the month following the date on which your disability is recognized.
