Is personal social security an inheritance?

Personal social security, that is, social insurance, refers to a social security system in which the state provides material help to workers and their immediate family members who live on labor income through legislation to ensure their basic living needs. Social security mainly includes endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance, aiming at providing basic protection for workers in health, old age, illness, death, injury, disability and unemployment.

Legacy refers to the personal legal property left by a natural person when he dies. These properties, including income, houses, savings, daily necessities, etc., are all kinds of properties and related property rights acquired by individuals before the death of citizens. Inheritance follows the principle of statutory inheritance or testamentary inheritance, and is designated by the heirs according to the law or the will.

By definition, there are essential differences between individual social security and inheritance. Social security is a social security system, and its purpose is to provide risk protection for workers, not personal property. And inheritance is the property left by an individual when he dies, which can be inherited by the heir. Therefore, personal social security does not belong to the category of inheritance.

In addition, from the legal level, China's relevant laws and regulations also clearly stipulate that social security does not belong to heritage. For example, the Social Insurance Law of People's Republic of China (PRC) stipulates that individual accounts shall not be withdrawn in advance, and the bookkeeping interest rate shall not be lower than the bank time deposit interest rate, and interest tax shall be exempted. If an individual dies, the balance of the individual account can be inherited. "Inheritance" here does not mean that social security itself is inherited as an inheritance, but that the balance of personal accounts can be inherited as a part of the inheritance. Therefore, even if an individual dies, the balance in his social security account cannot be regarded as inheritance.

To sum up, personal social security is not a legacy, but a social security system, which aims to provide risk protection for workers. Even if an individual dies, the balance in his social security account cannot be regarded as inheritance, but should be handled in accordance with relevant laws and regulations.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 14 stipulates:

Personal accounts shall not be withdrawn in advance, and the bookkeeping interest rate shall not be lower than the bank time deposit interest rate, and interest tax shall be exempted. If an individual dies, the balance of the individual account can be inherited.

People's Republic of China (PRC) Civil Code

Article 122 stipulates:

Legacy is the personal legal property left by a natural person when he dies. An inheritance that cannot be inherited according to the law or the nature of the inheritance shall not be inherited.