Benefits for Minor Children After a Parent Dies in Maine
Benefits for Minor Children After a Parent Dies in Maine
When a parent dies, children may be entitled to monthly income from multiple sources — federal Social Security, Maine's public employee retirement system, and state workers' compensation if the death was job-related. These benefits don't combine automatically. Each requires a separate application, and missing the filing window can mean losing months of payments that are never recovered.
Here's what's available and how to access it.
Social Security Survivor Benefits for Children
Social Security provides monthly survivor benefits to children of deceased workers who had sufficient Social Security credits (generally, someone who worked at least 10 years, though credits required vary by age at death).
Who qualifies:
- Unmarried children under age 18
- Unmarried children 18 to 19 who are full-time elementary or high school students
- Disabled children of any age (if the disability began before age 22)
Dependent stepchildren, adopted children, and, in some cases, grandchildren being raised by the grandparent may also qualify.
How much: Each qualifying child receives up to 75% of the deceased parent's basic Social Security benefit amount. However, there is a family maximum — typically between 150% and 180% of the parent's benefit — that limits total payments when multiple family members are receiving benefits simultaneously.
The lump-sum death benefit: In addition to monthly survivor benefits, Social Security pays a one-time $255 payment to the surviving spouse (or, if there's no surviving spouse, to eligible surviving children). Apply at the same time as survivor benefits.
How to apply: Call the SSA at 1-800-772-1213 or visit a local Social Security office. Bring:
- Certified copy of the death certificate
- The child's birth certificate
- The deceased parent's Social Security number
- Your own Social Security number (as the surviving parent or guardian)
- The marriage certificate if you are the surviving spouse
Apply as soon as possible — benefits are not retroactive beyond the application date.
MainePERS Benefits for Dependent Children
If the deceased parent was a Maine state employee, public school teacher, or participating local government employee covered by the Maine Public Employees Retirement System (MainePERS), dependent children have a separate claim.
Pre-retirement death benefits: When an active MainePERS member dies, benefits are determined by the beneficiary designation the member filed (Form CL-0722). If the surviving spouse was named as beneficiary for the statutory survivor benefit, all dependent children are automatically included in the coverage. Children don't need to be separately named in the beneficiary form.
Dependent children defined by MainePERS: Unmarried children under 18; unmarried full-time students under 22; or permanently disabled children of any age.
Accidental death benefits (work-related death): If the MainePERS member died as a direct result of a workplace injury, enhanced benefits apply:
- If there are dependent children and a surviving spouse: the benefit equals the member's Average Final Compensation (AFC)
- If there are no dependent children: the benefit is two-thirds of the AFC
These accidental death benefits continue for dependent children as defined above.
Important offset: Any MainePERS accidental death benefit is reduced dollar-for-dollar by workers' compensation death benefits received by the same person. If both apply, coordinate the claims — the total benefit doesn't double.
How to apply: Contact MainePERS directly (mainepers.org or 1-800-451-9800). Request Form CL-0065 (Survivor Benefits Recipient's Certification). Have the death certificate and the member's employee ID or Social Security number ready.
Workers' Compensation Death Benefits for Children
If the parent died as a result of a workplace injury, dependent children are entitled to benefits under the Maine Workers' Compensation Act (Title 39-A).
Who qualifies as a dependent child: Children who were financially dependent on the deceased worker's income. This typically means minor children living in the household, but can include older children in full-time schooling or those with disabilities.
What children receive:
- The employer/insurer pays up to $4,000 in burial expenses
- A $3,000 incidental compensation payment goes to the estate
- Dependent children share in the weekly indemnity benefits along with a surviving spouse
For injuries occurring on or after January 1, 2013, dependents receive weekly compensation equal to two-thirds (66.6%) of the employee's gross average weekly wages. The total weekly benefit is divided among all dependents if multiple family members qualify.
Weekly benefits for children typically continue until they turn 18 (or beyond, if a child is disabled or remains in school, depending on the specific circumstances and the date of the original injury).
Maximum weekly benefit: For injuries on or after January 1, 2020, the maximum is $441 or 125% of the State Average Weekly Wage (SAWW), whichever is higher. Effective July 1, 2025, Maine's SAWW is $1,198.84, making the practical maximum approximately $1,498.55 per week for the total family benefit.
How to apply: File a claim with the employer's workers' compensation insurance carrier. If the employer disputes the work-related nature of the death, file a petition with the Maine Workers' Compensation Board.
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VA Survivor Benefits for Children of Veterans
If the deceased parent was a veteran, VA Dependency and Indemnity Compensation (DIC) provides monthly payments to eligible surviving children. For 2026, the DIC rate for each child is approximately $353 per month (rates are adjusted annually by Congress).
Qualifying children must be under 18 (or under 23 if attending school, or any age if permanently disabled before age 18).
Children must apply through the VA directly — eligibility is based on the veteran's service record and discharge status, not on state residency.
Maine also provides additional state veteran benefits for children. The State of Maine waives tuition and fees at the University of Maine System and Maine Community Colleges for dependent children of veterans who died on active duty or from service-connected causes. Contact the Maine Bureau of Veterans' Services (maine.gov/veterans) for eligibility details and application.
Coordination of Benefits
It's important to understand that these benefits are generally stackable — receiving Social Security survivor benefits does not disqualify a child from MainePERS or workers' compensation benefits. However:
- MainePERS offsets workers' compensation dollar-for-dollar for accidental death benefits
- Social Security may reduce benefits if the family maximum is exceeded and multiple children are receiving payments simultaneously
- Workers' compensation and Social Security are generally independent — one does not reduce the other
Apply for all benefits your child may qualify for simultaneously. Missing one source doesn't help you receive more from another.
Guardianship and Benefit Management
If the surviving parent is not the guardian of the children — for example, if both parents died or the children are living with a grandparent — the Social Security Administration and MainePERS will designate a representative payee to receive and manage benefits on behalf of the children. That representative payee must report annually to the respective agencies on how benefits were used.
The children's benefits remain their property. They cannot be used for expenses that aren't in the children's best interests.
The Full Financial Picture After a Parent's Death
Children's benefits are often the most time-sensitive claims in a family's post-death situation — monthly payments can start quickly if you apply promptly. But they exist alongside the broader estate administration process: probate, property transfers, creditor claims, and MaineCare estate recovery (if applicable).
The Maine Survivor Benefits Navigator covers all of these together, including the complete checklist for families navigating child benefits alongside adult survivor benefits and estate settlement in Maine.
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