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2020 MarsdenLR 1959

HIGH COURT MALAYA SHAH ALAM
KETUA PENGARAH PERTUBUHAN KESELAMATAN SOSIAL – Appellant
Versus
WONG TON FENG – Respondent


Petitioner Advocates:Diba Natalia Ishak ,Respondent Advocate: In person

JUDGMENT

Wong Kian Kheong J:

A. Background

[1] On 18 December 2004, the respondent was married to the late Mr Wong Thien Teck (Deceased) by way of a Chinese customary marriage (Marriage).

[2] The Marriage was not registered under the Law Reform (Marriage and Divorce) Act 1976 (LRA).

[3] When the Deceased was working, he collapsed and died due to "Non traumatic Subarachnoid Hemorrhage" (a type of stroke).

[4] As a widow of the Deceased, the respondent claimed for a "survivor's pension" (Claim) from the Social Security Organisation (SOCSO) under s 20A(1)(a) of the Employees' Social Security Act 1969 ( ESSA ).

[5] SOCSO dismissed the Claim on the sole ground that the Marriage was not registered under the LRA (SOCSO's Decision). As such, the respondent appealed to the Social Security Appellate Board (SSAB) against SOCSO's Decision (respondent's Appeal).

[6] The respondent's Appeal was allowed by SSAB (SSAB's Decision). This is SOCSO's appeal to the High Court against SSAB's Decision pursuant to s 91(1) ESSA (This Appeal).

[7] In This Appeal, the respondent acted in person.

B. Sole Question

[8] This Appeal raises the sole issue of whether the wife of an "insured person" [as defied in s 2(11)

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