The Supreme Court of Justice of the Nation (SCJN) declared unconstitutional an IMSS regulation provision that limited death pensions only to direct ascendant family members. Now, individuals who demonstrated a caregiving relationship with the deceased worker can also access the benefit. This decision stems from a case where an aunt who raised the insured was initially rejected.
The Supreme Court of Justice of the Nation (SCJN) has issued a ruling that modifies the rules for IMSS pension payments in cases of a worker's death. Until now, the IMSS Regulation stated that only direct ascendant family members, such as parents, grandparents, and great-grandparents, could claim the pension. However, the Court's Plenary declared unconstitutional the article restricting access by this line of kinship, as it excluded those who provided care to the deceased.
“The Plenary recognized that family relationships are diverse and that access to social security cannot be limited only to certain family members, according to traditional kinship,” clarified the SCJN in a statement. This determination expands potential beneficiaries to uncles, older siblings, informal caregivers, or other close individuals who established a caregiving bond.
The case that prompted the ruling involved a woman, aunt of a deceased worker, who applied for the pension by proving she raised him as her own son. Initially, the IMSS denied the payment because she was not a direct ascendant. With the resolution, the Court recognized her right and expects her to receive the benefit in the coming months. “Based on this criterion, any person who demonstrates having fulfilled this role may access the pension,” the statement details.
To prove eligibility, applicants must demonstrate economic dependency on the deceased insured, as well as prolonged coexistence and a bond of care, affection, and assistance. The decision applies nationwide, so the IMSS will adjust its evaluation criteria.
The process to apply for the pension is done online through Mi Pensión Digital or in person at Family Medicine Units (UMF), requiring CURP, Social Security Number (NSS), email, and interbank CLABE. The service hours are from 8:00 to 15:00.
