Bereavement leave and bereavement benefit: follow-up to the article of 18 October 2021

In the article of 18 October 2021, we already reported that self-employed persons had since been entitled to bereavement leave and a bereavement benefit, but that the conditions for granting it and the practical modalities were not yet known, meaning the benefit could not yet be applied for.

In the meantime, the royal implementing decree entered into force on 10 January 2022.

Both self-employed persons in a primary occupation (including helpers and assisting spouses) and self-employed persons in a secondary occupation or active after retirement age (provided they pay contributions at least equal to the minimum contributions of self-employed persons in a primary occupation) may apply for the bereavement benefit.

If you temporarily interrupt your professional activity, you will be entitled to a benefit due to the death of:

• Your spouse or cohabiting partner;
• Your biological or adopted child, or the biological or adopted child of your spouse or cohabiting partner;
• Your foster child under long-term foster care, or the foster child of your spouse or cohabiting partner.

The conditions for eligibility for bereavement leave are as follows:

• Any professional activity carried out in your own name must be temporarily interrupted due to the death of the family member;
• You must be subject to the social status during the two quarters preceding the death, during the quarter of the death, and during the quarters in which the professional activity is interrupted;
• You must have paid the legally required provisional social contributions for the two quarters preceding the quarter of death;

The benefit may be enjoyed for a maximum of 10 days and, for interruptions as from 1 January 2022, amounts to EUR 87.49 per day.

The amount of the bereavement benefit is granted per day, and the benefit will be paid out at the latest by the end of the calendar month following the quarter in which the professional activity was interrupted.

The application for bereavement leave must, on the one hand, include a sworn statement indicating on which days the professional activity was or will be interrupted. On the other hand, the name of the deceased family member, the degree of kinship, and an extract from the death certificate must be provided. In accordance with the legislation, this application must be submitted either by registered mail or by any other means that guarantees the date and confirmed delivery of the submission.

Please note: you have one year to take these 10 days and to submit the application. The application must therefore be submitted at the latest within 12 months of the death.

Would you like more information on this subject? Please feel free to contact us at contact@alisadvocaten.be.