Social Security Act

Section 33 makes employees aged at least 15 and not over 60 insured persons; it contains no contribution rate. An insured employee who reaches 60 and is still an employee of an employer covered by the Act remains insured. The employer must file the employer and insured-person registrations with the Social Security Office within 30 days of the employee becoming insured (Section 34).

A person who was insured under Section 33 and paid contributions for at least 12 months, and whose insured status ended on leaving employment, may declare to the Office within six months that they wish to stay insured. The monthly contribution base is set by ministerial regulation; payment is due monthly by the 15th of the next month, and late payment carries a surcharge of 2% a month, a part-month of 15 days or more counting as a month. Section 41 ends this status on death, return to Section 33, resignation, three consecutive months unpaid, or fewer than nine months paid within 12. Separately, after leaving employment a Section 33 insured who has met the contribution conditions keeps the illness, maternity, invalidity and death rights for six months, extendable by Royal Decree to no more than 12 months (Section 38).

A person who is not a Section 33 employee, or is outside the Act, may apply to be insured by declaring intent to the Office. The qualifications of such persons, the contribution rules and rates, the benefit types under Section 54 and the conditions for entitlement are set by Royal Decree. The Government contributes at a rate set by ministerial regulation but not above half of what it receives from these insureds. The Act body states no baht amount.

Section 46, not Section 33, is the contribution section. For injury or illness, invalidity, death and maternity (first paragraph), the Government, employers and Section 33 insureds contribute equal shares at the rate set by ministerial regulation, not above the ceilings in the Act's annex. For child allowance, old age and unemployment (second paragraph) they contribute at rates set by ministerial regulation, again within the annex ceilings; the equal-shares wording is in the first paragraph only. For Section 39 insureds the Government pays one part and the insured two. The annex fixes only maximum rates per party as a percentage of wage: 1.5% for the first group, 3% for child allowance and old age, and 5% for unemployment. The contribution rate and the minimum and maximum wage used as the base are both set by ministerial regulation under Section 46, so the 5% in the annex is a ceiling per party, not the operative rate. Check the current ministerial regulation for the operative rate and the wage ceiling.

The Fund is established within the Social Security Office (Section 21). It comprises contributions of the Government, employers and insured persons, surcharges, investment income, fees, donations, amounts forfeited to the Fund, Government grants or advances, comparison fines under Section 102 and other income (Section 22). It belongs to the Office and is not remitted to the Ministry of Finance as State revenue (Section 23). The Committee may allot up to 10% of each year's contributions to expenses under Section 18 and the Office's administrative costs (Section 24). The Fund's financial statements go to the State Audit Office within six months of the end of the calendar year (Section 27), and the Office must prepare an annual assessment of the Fund's status and future capacity and disclose it to the public (Section 27/1).

The Social Security Committee has the Permanent Secretary of Labour as chair, representatives of the Ministry of Finance, the Ministry of Social Development and Human Security, the Ministry of Interior, the Ministry of Public Health and the Budget Bureau, and seven employer representatives and seven insured-person representatives appointed by the Minister; the Secretary-General is a member and secretary. The employer and insured representatives come from an election under rules the Minister sets. Appointed members serve two-year terms and not more than two consecutive terms (Section 10). A separate Medical Committee has a chair and other members totalling not more than 16, appointed by the Minister, with the Office's representative as member and secretary (Section 14).

Insured persons and those with rights under the Act are entitled to benefits from the Fund in seven categories: (1) injury or illness, including health promotion and disease prevention; (2) childbirth; (3) invalidity; (4) death; (5) child allowance; (6) old age; and (7) unemployment, except for Section 39 insureds. Entitlements cannot be transferred and are not subject to execution. A claim is filed with the Office within two years of becoming entitled (Section 56); the Secretary-General may accept a later claim if the claimant shows sufficient reasons and necessity. Cash benefits not collected within two years of the Office's notice pass to the Fund.

Section 62 (not a list of benefit categories) sets the eligibility test for benefits for injury or illness not caused by work: contributions paid for at least three months within the 15 months before the date of the medical service. Sick pay is 50% of the Section 57 daily wage, for up to 90 days a spell and up to 180 days in a calendar year, and up to 365 days for chronic illnesses listed by ministerial regulation (Section 64). The Section 57 daily wage is the sum of the highest three months' contribution base within the 15 months before the month of entitlement, divided by 90.

Eligibility requires contributions paid for at least five months within the 15 months before the date of the medical service. It covers the insured person's own childbirth or their wife's, or that of a woman living openly with them as spouse where they have no wife. A leave allowance of 50% of the Section 57 wage for 90 days is paid as a lump sum, for not more than two occasions (Section 67). Medical items and their rates are set by the Medical Committee (Section 66).

Eligibility requires contributions paid for at least three months within the 15 months before the invalidity. Medical items and rates are set by the Medical Committee (Section 70). Income replacement is paid at the rate and for the period the Medical Committee sets, not above 50% of the Section 57 wage; where the loss of capacity is severe under the Committee's criteria, 50% of the Section 57 wage is paid for life (Section 71).

Section 73 applies where the insured person dies of a cause not related to work. Eligibility requires contributions paid for at least one month within the six months before death. The funeral grant is at the rate set by ministerial regulation but not less than 100 times the highest daily minimum wage under the labour-protection law. The death grant is 50% of the monthly wage computed under Section 57 multiplied by four where contributions were paid for 36 months or more but under 120 months, and multiplied by 12 where paid for 120 months or more; it goes to the person the insured named, otherwise equally to the spouse, parents or children.

Eligibility requires contributions paid for at least 12 months within the 36 months before the month of entitlement. Benefits cover a child's living support, school fees, medical costs and other necessary support under criteria and rates in ministerial regulation (Section 75). The child's age is set by ministerial regulation but may not exceed 15; up to three children at a time are covered; adopted children and children given out for adoption are excluded. Where both parents are insured only one of them may claim, except on registered divorce or separation, when the insured parent who has the child in their care claims (Section 75 ter).

Eligibility requires contributions paid for at least 180 months, consecutive or not. The benefit is a monthly pension or a lump sum, with rules and rates set by ministerial regulation (Section 77). With at least 180 months the pension starts from the month after the insured reaches 55, or, if still insured at 55, from the month after insured status ends; with fewer than 180 months and insured status ended the benefit is a lump sum. A non-Thai insured whose status has ended and who does not wish to remain in Thailand may take a lump sum whatever the months paid (Section 77 bis). If a pension recipient dies within 60 months of the month of entitlement, heirs receive a lump sum (Section 77 quater).

Eligibility requires contributions paid for at least six months within the 15 months before unemployment, and that the insured is able and ready to work, does not refuse suitable work or training, is registered at the state employment office and reports at least once a month, was not dismissed for the listed misconduct, and is not entitled to the old-age benefit. Benefit runs from the eighth day after unemployment from the last employer, under criteria and rates set by ministerial regulation (Section 79). Where work stops through force majeure, the same six-of-15-month rule applies under ministerial regulation (Section 79/1). It is not available to Section 39 insureds.

An employer, insured person or other person dissatisfied with an order of the Secretary-General or an officer may appeal in writing to the Appeals Committee within 30 days of notice, except for seizure orders under Section 50. The Committee has not more than 13 members (Section 86). A person who disagrees with its decision may take the case to the Labour Court within 30 days of notice, otherwise the decision is final (Section 87). An appeal does not suspend the order unless the Secretary-General grants a stay (Section 88).