Section 38: Dependants’ benefit
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 38 — Governs dependants’ benefit and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) If an Insured Person dies as a result of an employment injury sustained as an employee under this Chapter (whether or not he was in receipt of any periodical payment for temporary disablement in respect of the injury),…
The Code was commenced in stages: section 142 had earlier commencement, S.O. 5319(E) brought the specified provisions into force from 21 November 2025, and later commencement instruments must be read with the current India Code footnotes for the remaining clauses.
Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗
Finin2min analysis — what the section actually does
Operative clauses
- (1) If an Insured Person dies as a result of an employment injury sustained as an employee under this Chapter (whether or not he was in receipt of any periodical payment for temporary disablement in respect of the injury), dependants' benefit shall be payable to his dependants specified in sub-clause (a) and sub-clause (b) of clause (24) of section 2 at such rates and for such periods and subject to such…
- (2) In case the Insured Person dies without leaving behind him the dependants as aforesaid, the dependants' benefit shall be paid to the other dependants of the deceased at such rates and for such periods and subject to such conditions as may be prescribed by the Central Government.
- (3) Any decision awarding dependants' benefit under this Chapter may be reviewed at any time by the Corporation if it is satisfied by fresh evidence that the decision was given in consequence of non-disclosure or misrepresentation by the claimant or any other person of a material fact (whether the non-disclosure or misrepresentation was or was not fraudulent) or that the decision is no longer in accordance with…
Provisos, explanations & qualifications
- No proviso/explanation was separately extracted from this section text.
Thresholds and timelines in the text
- (3) Any decision awarding dependants' benefit under this Chapter may be reviewed at any time by the Corporation if it is satisfied by fresh evidence that the decision was given in consequence of non-disclosure or misrepresentation by the claimant or any other person of a material fact (whether the non-disclosure or misrepresentation was or was not…
Actors expressly appearing in the text
Employee / worker, Central Government, Corporation / EPFO / Board
Full statutory text — Section 38
38. Dependants’ benefit.—(1) If an Insured Person dies as a result of an employment injury sustained
as an employee under this Chapter (whether or not he was in receipt of any periodical payment for
temporary disablement in respect of the injury), dependants' benefit shall be payable to his dependants
specified in sub-clause (a) and sub-clause (b) of clause (24) of section 2 at such rates and for such periods
and subject to such conditions as may be prescribed by the Central Government.
(2) In case the Insured Person dies without leaving behind him the dependants as aforesaid, the
dependants' benefit shall be paid to the other dependants of the deceased at such rates and for such periods
and subject to such conditions as may be prescribed by the Central Government.
(3) Any decision awarding dependants' benefit under this Chapter may be reviewed at any time by the
Corporation if it is satisfied by fresh evidence that the decision was given in consequence of non-disclosure
or misrepresentation by the claimant or any other person of a material fact (whether the non-disclosure or
misrepresentation was or was not fraudulent) or that the decision is no longer in accordance with this
Chapter due to any birth or death or due to the marriage, re-marriage, or ceasing of infirmity, or attainment
of the age of twenty-five years by, a claimant.
(4) Subject to the provisions of this Chapter, the Corporation may, on such review under sub-section
(3), direct that the dependants' benefit be continued, increased, reduced or discontinued.How to apply this provision
- Primary statutory test — (1) If an Insured Person dies as a result of an employment injury sustained as an employee under this Chapter (whether or not he was in receipt of any periodical payment for temporary disablement in respect of the injury), dependants' benefit shall be payable to his dependants specified in sub-clause (a) and sub-clause (b) of clause (24) of section 2 at such rates and for such periods and subject to such…
- Additional operative limb — (2) In case the Insured Person dies without leaving behind him the dependants as aforesaid, the dependants' benefit shall be paid to the other dependants of the deceased at such rates and for such periods and subject to such conditions as may be prescribed by the Central Government.
- Numerical or timing control — (3) Any decision awarding dependants' benefit under this Chapter may be reviewed at any time by the Corporation if it is satisfied by fresh evidence that the decision was given in consequence of non-disclosure or misrepresentation by the claimant or any other person of a material fact (whether the non-disclosure or misrepresentation was or was not…
- Evidence file — retain facts and records proving the role/status of: Employee / worker, Central Government, Corporation / EPFO / Board.
Rules, forms and cross-references
Direct 2026 Central Rule mapping
Forms mapped
No prescribed form is directly mapped in the current concordance.
Other sections cited in this text
Related Labour Hub resources
A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.
Worked example
For a worker/member seeking a benefit connected with dependants’ benefit, the file should show coverage, service/contribution facts, the rule/scheme and prescribed form, and the calculation/payment. One statutory point to test is: “(3) Any decision awarding dependants' benefit under this Chapter may be reviewed at any time by the Corporation if it is satisfied by fresh evidence that the decision was given in consequence of non-disclosure or misrepresentation by the claimant or any other person of a material”
Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.
Q&A — Section 38
What does Section 38 of the Social Security Code cover?
Section 38 — Governs dependants’ benefit and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) If an Insured Person dies as a result of an employment injury sustained as an employee under this Chapter (whether or not he was in receipt of any periodical payment for temporary disablement in respect of the injury),…
What is the main legal requirement or power in Section 38?
The first operative clause identified from the official text is: “(1) If an Insured Person dies as a result of an employment injury sustained as an employee under this Chapter (whether or not he was in receipt of any periodical payment for temporary disablement in respect of the injury), dependants' benefit shall be payable to his dependants specified in sub-clause (a) and sub-clause (b) of clause (24) of section 2 at such rates and for such periods and subject to such…” Read it with the remaining subsections and any proviso below.
Does Section 38 contain a proviso or explanation?
No standalone proviso or explanation was extracted from this section text. Check the full text below for clause-level qualifications.
What time limit, percentage or amount appears in Section 38?
The provision contains this numerical/time expression: “(3) Any decision awarding dependants' benefit under this Chapter may be reviewed at any time by the Corporation if it is satisfied by fresh evidence that the decision was given in consequence of non-disclosure or misrepresentation by the claimant or any other person of a material fact (whether the non-disclosure or misrepresentation was or was not…” Apply it only in the clause and context in which it appears.
Which 2026 Central Rules are linked to Section 38?
No direct Central Rule is recorded in the current concordance. That does not exclude a relevant scheme, notification, State rule or enabling provision.
Is Section 38 currently operative?
The Code was commenced in stages: section 142 had earlier commencement, S.O. 5319(E) brought the specified provisions into force from 21 November 2025, and later commencement instruments must be read with the current India Code footnotes for the remaining clauses.
Source & verification trail
Act: Code on Social Security, 2020 — official India Code PDF ↗
Central Rules: Social Security (Central) Rules, 2026 — G.S.R. 344(E), 8 May 2026 ↗
Official library: Ministry of Labour & Employment — Labour Codes ↗
Source check: 20 August 2026. Individual professional interpretation should be re-reviewed when the section, rules, notification, scheme, State overlay or controlling judgment changes.