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HIGH COURT MALAYA KUALA LUMPUR
KETUA PENGARAH PERTUBUHAN KESELAMATAN SOSIAL – Appellant
Versus
LAM KUN TAI (ENCL 1) – Respondent
| Table of Content |
|---|
| 1. factual background of the marriage and claim for survivors' pension. (Para 1 , 2 , 4 , 10) |
| 2. survivor's entitlement based on widow status. (Para 15) |
| 3. legal interpretation of 'widow' under the essa 1969. (Para 20) |
| 4. legal challenges regarding marriage registration. (Para 23 , 25) |
| 5. court's reasoning against the appellant's arguments. (Para 24 , 26) |
[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 e
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