SPK-03-04 · Subtopic

Loss of Support Compensation

Calculation of the harm suffered, in case of death, by relatives who benefited from the deceased's support because they are deprived of that support. Support rates, likelihood of remarriage and the actuarial method.

  • TCO Art. 53/3
  • Support rate
  • Actuarial

Loss of support compensation is the redress, in case of death, of the harm suffered by persons who benefited from the support of the deceased because they are deprived of that support. The main legal basis is TCO Art. 53/3.

What is loss of support?

The concept of "support" refers to actual and regular assistance, independently of any legal maintenance obligation. If the deceased regularly provided financial support to certain persons during their lifetime, those persons suffer loss of support upon the death and can claim damages.

Who can claim?

  • Spouse (legally married)
  • Children (minors, adults still in education, etc.)
  • Parents (especially those in need)
  • Siblings (those living on the deceased's support)
  • Those receiving de facto support: Fiancé(e), long-term cohabiting partner, adopted persons, etc.

Note: The Court of Cassation accepts the claim of a fiancé(e) or cohabiting partner where a concrete support relationship exists.

Support rates

Typical support rates according to the established practice of the Court of Cassation:

BeneficiarySupport rateNote
Spouse (with children)%40-50Varies with the number of children
Spouse (without children)%50Likelihood of remarriage is assessed separately
Each child (under 18)%15-20Age and duration of education are taken into account
Parents (if in need)%10-20According to the number of deceased children
Sibling%5-10Depends on the concrete support

Likelihood of remarriage

The Court of Cassation may shorten the support period by assessing the likelihood of remarriage, particularly of a young and childless spouse. In the assessment:

  • The spouse's age,
  • The number and ages of children,
  • The level of economic independence,
  • Established social data (TUİK marriage statistics) are taken into account.

Calculation and example

Loss of support compensation is calculated by an actuarial expert using the TRH-2010 life table and the %1,8 technical interest/progressive annuity method. Key parameters:

  • Income and age of the deceased
  • Age and support rate of each beneficiary
  • Probable support period
  • Likelihood of remarriage (for the spouse)
  • Initial capitalized value of the SGK death pension (offset)

Loss of support — example

Age of the deceased at the accident date45
Monthly net income35.000 ₺
Beneficiary spouse (age 42)%45 · 28 years
Child (age 10)%18 · 13 years
Child (age 14)%18 · 9 years
SGK initial capitalized value−420.000 ₺
Total loss of support≈ 2.750.000 ₺

The actual calculation varies with the likelihood of remarriage and current tables.

Caution: The loss of support calculation is an actuarial calculation different from that for permanent incapacity. As the number of beneficiaries increases, total compensation increases, but each beneficiary's share decreases proportionally.

Frequently asked questions

What is loss of support?

It is the redress, in case of death, of the harm suffered by persons who benefited from the deceased's assistance because they are deprived of that support (TCO Art. 53/3).

How are support rates determined?

According to Court of Cassation criteria, certain rates apply to the spouse and children. The ranges are spouse %40-50, each child %15-20, and parents %10-20.

How does the likelihood of remarriage affect compensation?

The support period may be shortened by assessing the chance of remarriage of a young and childless spouse; this directly lowers compensation.

Is the SGK death pension offset?

Yes, they are offset on the basis of the initial capitalized value.

Can those receiving de facto support claim?

Yes. A fiancé(e) or cohabiting partner can claim, provided that regular assistance is proven.

Related topics

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