The interpretation of 'widow' under the ESSA 1969 does not require legal marriage registration to qualify for survivor benefits.

[1] This is an appeal by the appellant, the Director General of the Social Security Organization ("the DG of SOCSO") in English or the Ketua Pengarah of the Pertubuhan Keselamatan Sosial ("PERKESO") in Malay, against the decision of the Chairman of the Employees' Social Security Appellate Board ("the SSAB").

[2] The SSAB decided that the respondent is entitled to a survivors' pension on the ground that the respondent falls within the category of 'dependant' under s 2(3) of the Employees' Social Security Act 1969 ("the ESSA 1969") (Act 4) being the widow of the deceased insured person ("the deceased") (see Exhibit at p 4 of the Record of Appeal ("ROA")).

Factual Background

[3] I shall set out the factual background of the appellant's appeal.

[4] Prior to the death of the deceased on 16 November 2015, the respondent had entered into a Chinese customary marriage with the deceased in 1991 at the Kowchow Sin Thye Foo Temple in Kepong.

[5] The respondent gave evidence that she and the deceasd also underwent a marriage ceremony at the deceased's grandmother's house in Sekinchan, Selangor.

[6] Photographs of the marriage ceremony were exhibited as evidence (see Exhibits at pp 26 - 27 of the ROA).

[7] The respondent's evidence was further corroborated by a Statutory Declaration signed by one of the Temple Committee members, namely, Mr Chay Yee Yau @ Chay Yee Yam (see Exhibit at p 28 of the ROA).

[8] The respondent's evidence was also further corroborated by the Confirmation Letter of the Head of the Village at Sekinchan, Selangor, Mr Low Yit Keat (see Exhibit at p 29 of the ROA).

[9] It is an undisputed fact that the respondent's marriage to the deceased was a valid customary marriage and it lasted for 24 years ("the respondent's marriage").

[10] The respondent's marriage only ended due to the deceased's demise on 16 November 2015.

[11] It is an undisputed fact that the marriage was never registered under the Law Reform (Marriage and Divorce) Act 1976 (Act 164) ("the LRA").

[12] As a result of the marriage, the respondent gave birth to 4 (four) children ("the deceased's children").

[13] The details of the deceased's children are as follows:

(1) Leow Chee Kiong, 950619-14-6265, son, 21 years;

(2) Leow Yee Lem, 961010-56-5164, daughter, 20+ years;

(3) Leow Pui Lim, 000107-14-1242, daughter, 17 years; and

(4) Leow Kai Ling, 020513-14-1318, daughter, 14+ years.

(See Exhibits at pp 18 - 25 of the ROA).

[14] The eldest son who has already attained 21 years old is a disabled child and he depends on his mother, the respondent, to maintain and support him.

[15] Following the death of the deceased on 16 November 2015 from 'Post Stemi With Large Intracranial Bleed', the respondent and the deceased's children made a claim to the DG of SOCSO or the Pertubuhan Keselamatan Sosial ("PERKESO") in Malay for a survivors' pension under s 20A of the ESSA 1969 ("the claim").

[16] Upon considering the merits of the claim, the DG of SOCSO approved the claim of the deceased's children and payments of survivors' pension were and are continuously being made to them until they attain the age of 21 years.

[17] The DG of SOCSO, however, elected not to pay a survivors' pension to the respondent on the ground that she is not a lawful 'widow' of the deceased under s 2(3) of the ESSA 1969 so as to entitle her to a survivors' pension on the ground that her marriage to the deceased was never registered under the LRA.

Respondent's Appeal To Social Security Appellate Board ("The SSAB")

[18] Dissatisfied with the rejection of her claim by the DG of SOCSO, the respondent filed an appeal to the SSAB ("the respondent's appeal")

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