From 01.10.2026 a child who has lost a parent receives a survivor's benefit instead of a survivor's pension

From 01.10.2026 a child who has lost a parent is entitled to a monthly survivor's benefit (toitjakaotustoetus) under the Family Benefits Act (perehüvitiste seadus, PHS) (PHS § 19¹) [1]. Until then a child received a survivor's pension under the State Pension Insurance Act (riikliku pensionikindlustuse seadus, RPKS) [2]; for a child whose entitlement arose earlier, the Family Benefits Act applies from 01.10.2026 and the pension payments end (RPKS § 61²⁹ lg 1) [3].

What changes

• PHS § 19¹ lg 1 (new): „Õigus toitjakaotustoetusele on lapsel, kelle vanem on surnud või teadmata kadunud ning politsei on tema suhtes algatanud teadmata kadunud isiku asukoha tuvastamise menetluse ja ei ole suutnud tema asukohta kindlaks teha 12 kuu jooksul.“ (translation: a child is entitled to the survivor's benefit if their parent has died or is missing and the police have opened proceedings to locate the missing person and have not been able to locate them within 12 months) [1]
• PHS § 19¹ lg 3: the entitlement generally ends „lapse 19-aastaseks saamisel“ (translation: when the child turns 19); if the child is in basic, secondary or higher education, in formal vocational education or on a further training course of the required volume, „lapse 21-aastaseks saamisel“ (translation: when the child turns 21) [1]. For the previous survivor's pension the limit was 18 years, or for a student „alla 24-aastane gümnaasiumi või kutseõppeasutuse statsionaarses õppes“ (translation: under 24 and in full-time study at an upper secondary school or vocational school) or a full-time university student [2].
• PHS § 19¹ lg 4–9 (amount): the calculation is based on „baassumma 272 eurot“ (translation: a base amount of 272 euros), indexed each year on 1 April by the consumer price index; to it is added „kolm protsenti eelmise kalendriaasta kohta 1. aprilli seisuga Statistikaameti veebilehel avaldatud Eesti Vabariigi keskmisest brutokuupalgast“ (translation: three percent of the average gross monthly wage in Estonia for the previous calendar year as published on the Statistics Estonia website on 1 April) [1]. The Social Insurance Board (Sotsiaalkindlustusamet) publishes the current year's amount on its website by 10 April, and it applies from 1 May [1].
• PHS § 4 lg 1² (new condition): the benefit is paid if the applicant or the child immediately before applying, or the parent immediately before death, has for „vähemalt 36 kuud 48 järjestikuse kuu jooksul“ (translation: at least 36 months within 48 consecutive months) lived in Estonia on a lawful basis or stayed and worked in Estonia on a long-term visa issued for short-term employment [4].
• PHS § 63¹¹ (transition): a child who previously received a survivor's pension or a national pension on the loss of a provider is granted the survivor's benefit at the benefit rate or, if the previous pension was higher, „2026. aasta 30. septembri seisuga maksmisele kuuluva pensioni suuruses“ (translation: at the amount of the pension payable as at 30 September 2026) [5]. If the child was 18–23 years old on 01.10.2026 and is studying, the benefit is paid until they turn 24, but no longer than the end of the month in which they leave the school or course [5].
• RPKS § 20 (survivor's pension) applied until 30.09.2026 [2]. Other family members (for example a widow or widower or the provider's parent) whose right to a survivor's pension arose before 01.10.2026 remain under the previous wording of the act (RPKS § 61²⁹ lg 2) [3]. In the new wording the survivor's pension is no longer one of the types of state pension (RPKS § 5) [6]: where the entitlement would arise on or after 01.10.2026, other family members (for example a widow or widower) do not receive a survivor's pension under the State Pension Insurance Act either.

According to the explanatory memorandum, the survivor's benefit is „individuaalne rahaline toetus, mida maksab riik igal kuul vanema surma korral“ (translation: an individual cash benefit paid by the state every month on the death of a parent), and a child who has lost both parents is entitled to the benefit for each of them [7].

Who is affected

Children whose parent has died or is missing, and their families [1], including children who until 30.09.2026 received a survivor's pension or a national pension on the loss of a provider [3] [5].

What to do

1. If your child received a survivor's pension, check the decision granting the survivor's benefit: if the previous pension was higher than the benefit, the benefit must equal the pension payable as at 30.09.2026 [5].
2. If a parent died or went missing on or after 01.10.2026, the child's entitlement arises from the day of death or – if the conditions of PHS § 19¹ subsection 1 are met – from the day the proceedings to locate the missing person were opened [1].
3. If a child became entitled to a survivor's pension before 01.10.2026 but applies for the survivor's benefit, or is granted it, on or after 01.10.2026 but not after 1 October 2027, the benefit is calculated under the previous wording of the State Pension Insurance Act and paid retroactively, but for no more than the 12 months preceding the month of the application (PHS § 63¹¹ lg 4) [5].
4. The current amount is published on the Social Insurance Board's website every year by 10 April [1].