Article 13 of the Saudi Social Security Law
المادة 13 من نظام الضمان الاجتماعي · الباب الثالث: آلية الاحتساب والاستحقاق
The article lets the family choose another qualified breadwinner if, under the Regulations' mechanism, the breadwinner is shown to lack capacity or to be incapacitated by an illness that makes it hard to manage the pension.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا ثبت -وفق الآلية التي تحددها اللائحة- عدم أهلية العائل أو عجزه لمرض يصعب معه التصرف في المعاش؛ فيجوز للأسرة أن تختار من تجد فيه الأهلية ليكون العائل.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 13 explained in plain English
This article deals with a situation in which the breadwinner is unable to manage the pension. A breadwinner under Article 1 is a person who takes care of his dependents and supports them, whether a man or a woman.
The article applies in either of two cases:
- The breadwinner's lack of capacity.
- The breadwinner's incapacity due to illness that makes it hard to manage the pension.
In these two cases the family may choose a person in whom it finds capacity to be the breadwinner. The aim is for the pension to reach the family and be spent on it, so that it is not harmed by the original breadwinner's condition.
But the article requires that this condition be established, and that proof be under the mechanism set by the Regulations. A mere claim is not enough, and the article itself does not say how proof is made or which documents are required. The incapacity must also be due to an illness that makes it hard to manage the pension, not a mere ordinary illness.
This article is linked to Article 12, which governs the family's entitlement to the pension where there are several families or a member studies outside the city, and to Article 14, which shows that the pension is calculated for the family by subtracting calculated income from the calculated minimum for the pension. Anyone with a special case should consult a lawyer who specializes in administrative cases and social security laws.
Practical example
The father of a family in Al-Ahsa that benefits from social security fell seriously ill, making it hard for him to manage the pension. After his condition is established under the mechanism set by the Regulations, the family may choose the mother or the eldest son, in whom it finds capacity, to be the breadwinner.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 13 of the Saudi Social Security Law
Can the breadwinner be changed in social security?
The family may choose another breadwinner in whom it finds capacity if the breadwinner's lack of capacity, or incapacity due to an illness that makes it hard to manage the pension, is established.
How do I prove the breadwinner's incapacity?
The article requires proof under the mechanism set by the Implementing Regulations, and does not give its details.
Can the mother be a breadwinner in social security?
Yes. A breadwinner under the definition may be a man or a woman, and the family may choose the person in whom it finds capacity when the article's conditions are met.
More articles on Social Security Eligibility Conditions
- Article 9
The article sets four conditions for entitlement to the pension: Saudi nationality and permanent residence, calculated income below the minimum, the wealth criteria, and compliance with the Ministry's requirements.
يستحق المعاش كل من استوفى الشروط الآتية: 1- أن يكون سعودياً مقيماً إقامة دائمة في المملكة، وفقاً لما تحدده اللائحة من ضوابط. 2- أن يقل الدخل المحتسب للمستقل أو
- Article 10
The article excepts specific categories from the nationality requirement, including a non-Saudi woman married to a Saudi and a non-Saudi widow or divorcee with Saudi children.
يستثنى من شرط الجنسية الفئات الآتية: 1- المرأة غير السعودية المتزوجة من سعودي. 2- الأرملة أو المطلقة غير السعودية ولها أبناء سعوديون. 3- أبناء الأرملة أو المطلق
- Article 11
The article bars any beneficiary other than the breadwinner from being in more than one family, as the Implementing Regulations specify.
لا يجوز لأي مستفيد، غير العائل، أن يكون في أكثر من أسرة، وفقاً لما تحدده اللائحة.
- Article 12
The article provides that each family of a breadwinner with several families is independent with its own pension, and that a family member studying outside the family's city does not affect its entitlement.
1- إذا كان للعائل أكثر من أسرة، فتُعدّ كل أسرة مستقلة وتستحق معاشاً مستقلاً، وفقاً لما تحدده اللائحة. 2- لا يؤثر في استحقاق الأسرة للمعاش كون أحد أفرادها يقيم -
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.