The Amendment to the Social Security Act B.E. 2533

On 22 June 2015, the number 4 amendment to the Social Security Act B.E. 2533 (the “Amendment”) was enacted and published in the Government Gazette and came into effect from October 2015. The Amendment mainly contains the improvement of benefits and allowances for the insured person, i.e. a person who pays contribution to the Social Security Fund, provided, however, that the contribution rates remain unchanged. The Amendment is summarised as follows:


Benefits and AllowancesBefore AmendmentAfter Amendment
1. Parturition BenefitThe insured person was entitled to the Parturition Benefit of THB 13,000 (not exceeding two deliveries) and the insured person must have contributed for at least seven months before exercising the benefit.The insured person will be entitled to the Parturition Benefit of THB 13,000 (unrestricted as to how many deliveries) and the insured person must have contributed for at least seven months before exercising the benefit.
   
2. Child AllowanceThe insured person was entitled to the Child Allowance of THB 400/ child/ month for not exceeding deliveries of two legitimate children aged up to six years old.The insured person will be entitled to the Child Allowance of THB 400/ child/ month for not exceeding deliveries of three legitimate children as well as illegitimate children aged up to six years old.
   
3. Unemployment AllowanceThe insured person was entitled to the Unemployment Allowance only in the case of termination or resignation from employment.Apart from termination and resignation, the Unemployment Allowance will be also applied if the employer is temporarily ceasing its operations due to a force majeure event and the insured person’s contract of employment has not been terminated.
   
4. Danger or Sickness AllowanceThe insured person was entitled to only the Danger or Sickness Allowance including medical examination diagnosis, medical treatment and therapy expenses.The insured person will be entitled to additional Danger or Sickness Allowance for health promotion and disease prevention expenses, rehabilitation expenses and assistance health funds for the insured person in the event that such insured person is suffering damage or losses arising from medical services.  
   
5. Disability AllowanceThe insured person was not entitled to compensation if the harm, illness, disability or death was intentionally made by the insured person or by other persons with consent of the insured person.The insured person will be entitled to the Disability Allowance in the case that the harm, illness, disability or death is intentionally made by insured person or is made by other persons with consent of the insured person.
   
6. Old-Age BenefitIn case the insured person died before receiving Old-Age Benefit, such benefits were transferred to the insured person’s parents, children and spouse. In the event that those persons had already passed away, such benefits reverted to the Social Security Office.In case the insured person dies before receiving Old-Age Benefit, and the insured person’s parents, children and spouse have already passed away, such benefits will belong to other surviving relatives.
   
7. Old-Age Benefit for non- Thai nationalA non-Thai insured person who ceases to be insured person and does not wish to stay in Thailand, could not be entitled to the Old-Age Benefit.A non-Thai insured person who ceases to be insured person and does not wish to stay in Thailand, will now be entitled to the Old-Age Benefit.
   
8. Death BenefitThe insured person was entitled to 150% of his salary as a lump sum Death Benefit if the insured person had contributed for more than 3 (three) years, but less than 10 (ten) years. The insured person was entitled to 500% of his salary as a lump sum Death Benefit if the insured person had contributed for more than 10 (ten) years.The insured person shall be entitled to 200% of his salary as a lump sum Death Benefit if the insured person has contributed for more than 3 (three) years, but less than 10 (ten) years. The insured person shall be entitled to 600% of his salary as a lump sum Death Benefitif the insured person has contributed for more than 10 (ten) years.
   


In addition, the Amendment also revised the period for claiming the above-mentioned allowance/benefit of the insured person from “within 1 (one) year” from the date that the insured person is entitled to claim the allowance/ benefit to be “2 (two) years”.

We trust the above is of assistance to you.

Should you have any queries about this new act or any legal enquiries on Thai laws, please do not hesitate to contact us.


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