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Fiji Legislation |
LAWS OF FIJI
Ed. 1978]
CHAPTER 83
WAR PENSIONS (1943)
Ordinances
Nos. 13 of 1943, 2 of 1945, 8 of 1945, 15 of
1947,
21 of 1948,
7 of 1950, 31 of 1966, 37 of 1966, 58 of
1968,
13 of 1975,
4 of 1977,
Order
7th October, 1970
AN ACT
TO PROVIDE FOR THE GRANT OF WAR PENSIONS
[31st August, 1943]
Short title
1. This Act may be cited
as the War Pensions (1943) Act.
Interpretation
2. In this Act, unless the
context otherwise requires-
"Board" means the Board of Pensions established under this Act;
"child" means any dependant under the age of sixteen years being a son, daughter, step-son, step-daughter, or adopted child of a member of the forces and includes a legitimated child and an illegitimate child being maintained by such a member at the date of such member's death or incapacity;
(Amended by 13 of 1975.)
"dependants" means-
(a) the wife or widow of a person who is or has been a member of the forces whose death or incapacity results from his employment in connexion with warlike operations;
(b) the children of any such person;
(c) any ex-nuptial children of that person born before the occurrence of the event resulting in his death or incapacity as aforesaid or within nine months after that event;
(d) such other members of the family of that person as were wholly or in part dependent upon his earnings at any time within twelve months prior to his enlistment or appointment;
(e) the parents of any such person who are at any time after the occurrence of the event resulting in his death without adequate means of support;
(f) the ex-nuptial child (wholly or in part dependent on the earnings of any such person at any time within twelve months prior to his enlistment or appointment) of a son or daughter of that person;
(g) the parents or grandparents of any such person who is an ex-nuptial child who were so dependent; and
(h) the divorced wife of any such person whom he is obliged by agreement or court order to maintain;
"incapacity" includes incapacity of a member of the forces arising from disease contracted or aggravated, otherwise than through the default of the member, during or by his employment on active service;
"instalment" means an instalment of a pension;
"member of the forces" means-
(a) a member of any unit of the Fiji Naval Volunteer Force raised under the Naval Volunteer Ordinance,* when called out on active service by reason of the war;
(b) a member of any unit of the Fiji Military Forces raised under the Military Forces Ordinancet when called out on active service by reason of the war;
(c) a member of any unit raised under the Military Units Ordinancet;
(d) a member of any other force, unit, body or class of persons to which this Act shall be applied by Order in Council;
and, except where the context otherwise requires, any provision of this Act relating to a member of the forces shall be construed as relating also to a person whose service as such member has terminated;
* Repealed by the Fiji Royal Naval Volunteer Reserve Ordinance, Cap. 70 (1955 Edition).
t Repealed by the Royal Fiji Military Forces Act, Cap. 81.
t 15th August 1947 declared by Order in Council 7th August 1947.
"member of a family" means wife, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, grand-daughter, step-son, step-daughter, brother, sister, half-brother, half-sister, adopted child or mother-in-law;
"other dependants" means dependants of the member of the forces other than his wife (or widow) and children;
"pension" means a pension under this Act;
"rank of the member" means the rank of the member of the forces at the time of the occurrence of the casualty or the contraction or aggravation as the case may be of the disease which resulted in his death or incapacity;
"this Act" includes all regulations made thereunder;
"the war" means any war in which His Majesty may be engaged between the second day of September, 1939, and such date as may hereafter be declared by Order in Council to be the date of cessation of hostilities.
(Section amended by 21 of 1948, s. 2, and 31 of 1966, s. 2.)
Pensions upon death or incapacity in consequence of warlike operations
3. Upon the death or
incapacity of any member of the forces whose death or incapacity results or has
resulted from his employment
in connexion with warlike operations in which His
Majesty has been engaged during the war, the Government of Fiji shall, subject
to this Act, be liable to pay to the member or his dependants or both as the
case may be pensions in accordance with this
Act:
Provided that-
(a) a claim for payment of a pension in accordance with this Act is made-
(i) in case of the death of a member of the forces, by a dependant not more than one year after the date of the death of the member except in the case of parents who, though not dependent upon the earnings of the member at the time of his death, are at any time without adequate means of support; and
(ii) in case of the incapacity of a member of the forces, by the member or a dependant not more than one year after the termination of the appointment or discharge of the member,
except where the Minister is satisfied that failure to make the claim within the prescribed period was owing to some reason which in the opinion of the Minister is adequate;
(b) If the member or his dependants is or are entitled under any Imperial Act or Act of any of His Majesty's Dominions to receive any payment in respect of death or incapacity resulting from employment in connexion with warlike operations in which His Majesty has been engaged during the war, the rate or amount of that payment shall be taken into account in assessing the rate of pension payable under this Act;
(c) in any of the following cases, that is to say-
(i) where the wife or other dependant of a member of the forces is in receipt of a pension under this Act on the grounds of the incapacity of the member and the member dies from causes not attributable to his employment in connexion with warlike operations;
(ii) where the wife of a member of the forces who would otherwise be entitled to a pension on the grounds of the incapacity of her husband is living apart from her husband; and
(iii) where the widow of a member of the forces was living apart from her husband at the time of his death, the payment of any pension and the continuance and amount thereof shall be in the discretion of the Minister, but, subject to the provisions of section 11, shall not exceed the rate payable under this Act.
(Proviso amended by 21 of 1948, s. 3.)
Board
4. There shall be a Board
of Pensions who shall, subject to the control of the Minister, have the general
administration of this Act.
Such Board shall be appointed by the
Minister.
Powers and duties of Board
5.-(1) The Board of
Pensions shall have power to administer oaths and shall have such other powers
and such duties and functions as
are conferred or imposed upon it by this
Act.
(2) In particular it shall be
the duty of the Board-
(a) to receive pension claims;
(b) to investigate pension claims as prescribed; and
(c) generally to keep such books and registers and do all such things as are prescribed or as the Minister may direct.
Further powers of Board, etc.
6.-(1) The Board
may-
(a) summon witnesses;
(b) take evidence on oath; and
(c) require the production of documents.
(2)
Any person who has been summoned to appear as a witness before the Board and
who, without lawful excuse and after tender of reasonable
expenses, fails to
appear in answer to the summons shall be liable to a fine of forty
dollars.
(Amended
by 2 of 1945, s. 137.)
(3) Any
person who appears before the Board as a witness and who, without lawful excuse,
refuses to be sworn or to make an affirmation
or to produce documents or to
answer questions which he is lawfully required to answer shall be liable to a
fine of one hundred
dollars.
(Amended
by 2 of 1945, s. 137.)
Duties of Board
7. The Board shall be
charged with the duties of-
(a) determining whether the death or incapacity of a member of the forces in fact resulted from his employment in connexion with warlike operations and, in the case of incapacity, the nature and extent thereof;
(b) determining the extent to which persons alleged to be dependent upon a member of the forces were in fact so dependent;
(c) assessing the rates of pensions of members of the forces and their dependants and recommending for the approval of the Minister the grant of such pensions and the dates of the commencement thereof, and
(d) such other duties as are prescribed.
Review by Minister
8. Whenever it appears to
the Minister that under this Act sufficient reason exists for reviewing any
assessment or determination
under this Act, the Minister may require the Board
to review the assessment or recommendation.
Suspension of pension or forfeiture of instalment
9. If any pensioner is
convicted of an offence and sentenced to any term of imprisonment the Minister
may suspend his pension during
the term of his imprisonment or any portion
thereof or forfeit any instalment thereof accruing during such term or
portion:
Provided that in the case
of a pensioner with dependants upon him the amount forfeited during the term of
his imprisonment may be
paid to such dependants.
Rates of pension
10. -(1) The rates of
pensions payable under this Act shall be-
(a) in case of the death of a member of the forces-
(i) to the widow the rate specified in column 2 or column 3, as the case may be, of the First Schedule opposite the rank of the member:
Provided that the additional rate of pension provided in the said Schedule for a widow with a child or children shall, so far as it exceeds the rate that would be payable to her if she had no child, continue to be paid so long as such child or children or any of them is in receipt of a pension, and no longer; and
(ii) to each child the rate of one dollar per week; and
(iii) to the other dependants such rates as are approved by the Minister but not exceeding in the aggregate the rate specified in column 2 of the First Schedule opposite to the rank of the member and in addition an amount not exceeding eight dollars per month:
Provided that the maximum rate of pension payable to any one dependant of a member including that to be paid by the Government of Fiji and by the Imperial Government or by any of His Majesty's Dominions shall not in any case exceed in the aggregate the amount specified in column 2 of the First Schedule opposite to the rank of the member;
(Amended by 58 of 1968, s. 2.)
(b) in the case of the total incapacity of a member of the forces-
(i) to the member the rate specified in column 4 of the First Schedule opposite to the rank of the member; and
(ii) to the wife of the member two dollars per week; and
(iii) to each child of the member the rate of one dollar per week; and
(iv) to the other dependants such rates as are approved by the *Minister but not exceeding in the aggregate the rate specified in column 2 of the First Schedule opposite to the rank of the member and in addition an amount not exceeding eight dollars per month:
(Amended by 58 of 1968, s. 2.)
Provided that the maximum rate of pension payable to any one dependant of a member including that to be paid by the Government of Fiji and by the Imperial Government or by any of His Majesty's Dominions shall not in any case exceed the amount specified in column 2 of such Schedule opposite to the rank of the member;
(c) in case of the partial incapacity of a member of the forces such less rates than those referred to in paragraph (b) as are approved by the tMinister having regard to the nature and probable duration of the incapacity.
*Delegated
to Permanent Secretary for Finance and Deputy Secretary for Finance by Notice
19th January,
1978.
t
Delegated to Permanent Secretary for Finance and Deputy Secretary for Finance by
Notice, 19th January, 1978 and 11th February,
1977.
(2) Notwithstanding anything
contained in this section the maximum rate of pension payable to a child both of
whose parents are dead
shall be-
(a) up to ten years of age, five dollars per month;
(b) from ten to fourteen years of age, six dollars per month; and
(c) from fourteen to sixteen years of age, seven dollars per month.
(3)
The amount of pension granted and payable to a member of the forces shall not be
reduced within the period of six months from
the date of the commencement of the
pension.
(4) Any member of the
forces who is incapacitated by reason of a disability specified in the Second
Schedule shall receive the rate
of pension shown opposite to the description of
the disability in that
Schedule.
(5) If a member of the
forces who is unmarried or whose wife is either dead or a permanent invalid is
incapacitated to an extent which
necessitates the constant services of an
attendant and the member has not the means to pay for such services, the rate of
his pension
may be increased by a sum not exceeding four dollars per
month.
(Section
amended by 31 of 1966, s. 3.)
Right of Minister to authorise further allowances
11. Notwithstanding
anything contained in section 10 the Minister may authorise the payment of such
further allowances in addition
to any pension payable hereunder as he may from
time to time deem necessary, and all payments of such allowances made prior to
the
commencement of the War Pensions (1943) (Amendment) Act, 1977, are hereby
validated:
Provided that such
allowances shall not form part of any pension payable and specified in the First
Schedule, and may be withdrawn
or varied at such time as the Minister may
decide. (Inserted by
4 of 1977.)
Increased rates of pension in special cases
12. The Minister may, upon
the recommendation of the Board, approve, in cases of special hardship, the
payment of pension at a rate
in excess of the rates of pension prescribed by
this Act, and the payment of pension to any dependant for whom no special rate
of
pension is prescribed by this
Act.
(Amended by 2
of 1945, s. 137.)
Quarterly instalments
13. Pensions shall be paid
in monthly instalments in
advance.
(Amended
by 58 of
1968.)
Payment of lump sum may be substituted in certain cases
14. Where the Board is
satisfied that in the case of any member of the forces the rate of pension
payable under this Act is not more
than thirty per cent of the rate which would
be payable as for the total incapacity of the member, the Board may assess the
lump
sum which would in its opinion be equivalent to the payment of a pension
under this Act, and in that case the liability to payment
of the lump sum so
assessed shall be substituted for the liability to payment of a pension under
this Act.
Pensions payable for limited period in certain cases
15.-(1) A pension payable
to any dependant who at the date of the granting of the pension is under sixteen
years of age shall cease
upon the pensioner attaining that age or after the
expiration of two years from the date of commencement of the pension-whichever
occurs later.
(2) Except in the
case of a child or of the wife, widow, father, mother, grandfather or
grandmother of a member of the forces, no
pension shall be payable for a period
exceeding two years to any dependant who in the opinion of the *Minister is able
to earn a
livelihood.
*Delegated
to Permanent Secretary for Finance and Deputy Secretary for Finance by Notice
19th January, 1978.
(3) A child to
whom a pension has been granted who, on attaining the age of sixteen years, is,
in the opinion of the Board, unable
to earn a livelihood, may then be granted a
pension at such rate as may be assessed by the Board but not exceeding the rate
specified
in column 2 of the First Schedule opposite the rank of the
member:
Provided that an
application for the pension shall be made to the Board within six months of the
child attaining the age of sixteen
years.
Pensions to females to cease on marriage or remarriage
16. A pension payable
under this Act to any female dependant of a member of the forces shall not be
continued after her marriage or
remarriage.
Pension to de facto wife of member
17. In the case of any
person who at the time of the occurrence of the event resulting in the death or
incapacity of a member of the
forces was recognized as the wife of that member
though not legally married to him, if the Board is satisfied that that person
was
wholly or partly dependent upon the earnings of the member, a pension at a
rate not exceeding the rate of pension which may be allowed
to the wife or widow
of any such member of the forces may be allowed to that person.
Pension payable from moneys appropriated
18. Pensions granted
pursuant to this Act shall be payable out of moneys from time to time
appropriated by Parliament for the purpose.
Pension absolutely inalienable
19. Subject to this Act, a
pension shall be absolutely inalienable whether by way or in consequence of
sale, assignment, charge, execution,
insolvency or otherwise
howsoever.
Offences
20. Any person
who-
(a) obtains any pension or instalment which is not payable; or
(b) obtains payment of any pension or instalment by means of any false or misleading statement; or
(c) presents to the Board or to any officer doing duty in relation to this Act any statement or document which he knows to be false in any particular,
shall
be guilty of a misdemeanour and shall be liable on conviction thereof in the
Supreme Court or in a court of a resident magistrate
to a fine of four hundred
dollars or to imprisonment for two
years.
(Amended by
2 of 1945, s. 147, and 31 of 1966, s. 5.)
Regulations
21. The Minister may make
regulations not inconsistent with this Act prescribing all matters which by this
Act are required or permitted
to be prescribed or which are necessary or
convenient to be prescribed for giving effect to this Act, and in particular for
prescribing
the manner in which pensions or instalments due to persons who are
under any incapacity or disability may be dealt with. Such regulations
may
provide for penalties not exceeding one hundred dollars in the case of the
infringement of any of
them.
(Amended by
2 of 1945, s. 137, and 37 of 1966, s. 25.)
Penalty for making false declaration, etc.
22. Any person who
knowingly and wilfully makes a statement false in a material particular in any
certificate, declaration, report
or other document required for the purpose of
this Act shall be deemed guilty of an offence against the provisions of section
121
of the Penal Code and shall be liable to be dealt with
accordingly.
FIRST
SCHEDULE
(Sections 10 (1) and 15
(3))
SCALE OF PENSIONS PAYABLE TO THE WIDOW OF A MEMBER OF THE FORCES OR TO A MEMBER OF THE FORCES UPON TOTAL INCAPACITY
Column
1
|
Column
2
|
Column
3
|
Column
4
|
Rank
of Member
|
To widow without a
child
|
To widow with a child or
children
|
To member on total
incapacity
|
|
Rate
per month |
Rate
per month |
Rate
per month |
|
$ c.
|
$ c.
|
$ c.
|
Private and non-commissioned
officer (Army) and equivalent Naval and Air Force ranks
............................................
|
1637
|
2187
|
2187
|
Warrant Officer (Army) and
equivalent Naval and Air Force ranks ....................
|
1907
|
2557
|
2557
|
Commissioned Officer up to
and including Captain (Army) and equivalent Naval and Air Force ranks
......................
|
2187
|
2940
|
2940
|
Commissioned Officer above
Captain (Army) and equivalent Naval and Air Force ranks
..............................................
|
2387
|
3250
|
3250
|
SECOND
SCHEDULE
(Section 10 (4))
Description
of disability
Loss of leg or
foot..................
Loss of hand or
arm ................
Loss of one eye
....................
Loss of both legs
...................
Loss of both feet
...................
Loss of both arms
..................
Loss of both hands
.................
Loss of arm and leg
................
Loss of hand and foot
..............
Loss of both eyes
..................
Loss of one eye,
together with loss of leg, foot, hand or arm ............
Rate of Pension payable
The maximum rate for six
months, thereafter three-fourths of the maximum
rate.
The maximum rate for six months,
thereafter three-fourths of the maximum
rate.
Half of the maximum
rate.
The maximum
rate.
For the purposes of this
Schedule, a leg, foot, hand, arm or eye shall be deemed to be lost if it is
rendered permanently and wholly
useless.
Controlled by Ministry of Finance
-------------------------------------------------
SUBSIDIARY LEGISLATION
CHAPTER
83
WAR PENSIONS
(1943)
Regulations:
16th Apr.,
1945
[in. force
27th Apr., 19451
SECTION 20-WAR PENSIONS (1943) REGULATIONS
Made by the Governor in Council
Short title
1. These Regulations may
be cited as the War Pensions (1943) Regulations.
Interpretation
2. In these Regulations,
unless the context otherwise requires-
"Act" means the War Pensions (1943) Act;
"Board" means the Board of Pensions established under the Act;
"claim" means a claim for a pension in accordance with the Act;
"claimant" means a person who has made a claim for a pension on behalf of himself, or on behalf of a person under the age of sixteen years, or on behalf of a person of unsound mind;
"pensioner" means a person to whom a pension has been granted and includes a person under the age of sixteen years as well as a person of unsound mind;
"trustee" means a person appointed to collect and disburse a pension payable on behalf of a pensioner under the age of sixteen years, or on behalf of a pensioner of unsound mind, or on behalf of a pensioner who consents to the payment of his pension to such person.
Claim on behalf of child or person of unsound mind
3. Where a person under
the age of sixteen years or a person of unsound mind is entitled to a pension, a
claim may be made on behalf
of such person by any other person over the age of
sixteen years, and the *Minister may direct that payment of the pension be made
to a trustee for the benefit of the
pensioner:
Provided that the
appointment of a trustee may at any time be cancelled by the
*Minister.
*
Delegated to Permanent Secretary for Finance and Deputy Secretary for Finance by
Notice 19th January 1978.
Claim by member of the forces. Form A
4. Every member of the
forces who claims a pension on the ground that he suffers from an incapacity
shall prepare a claim in accordance
with Form A in the Schedule.
Claim by dependant Form B
5. Every person who claims
a pension on the ground that such person was or would have been a dependant of a
member of the forces shall
prepare a claim in accordance with Form B in the
Schedule:
Form C
Provided that where a
dependant or dependants is or are under the age of sixteen years, the claim
shall be made on Form C in the Schedule,
and the declaration on that form may be
made by any person who has a knowledge of the facts and who is more than sixteen
years of
age.
Claim to be sent to Board
6. Every claim shall be
forwarded by the claimant to the Board, who shall note on the claim the date of
its receipt.
Investigation of claim
7. The
Board-
(a) upon receipt of a claim;
(b) whenever it is necessary or expedient to review a grant of pension,
may
arrange for the claim or case to be investigated by the Secretary to the Board,
or such other person as it may appoint, who shall
ascertain from the claimant,
pensioner or any other person, such information as may be necessary to enable
the Board to determine
such of the questions specified in section 7 of the Act
as have a bearing on the claim or case, or to ascertain the name and address
of
a person suitable for appointment as a trustee in respect of a pensioner under
the age of sixteen years or of unsound mind.
Board may summon claimant, etc. Form D
8. The Board may at any
time, for the purpose of ascertaining the truth of any facts stated in any claim
or under regulation 7, summon
before it the claimant, pensioner or any other
person to give such evidence or produce such documents as may be necessary or
expedient.
Such summons shall be in Form D in the Schedule.
Inquiries
9. For the purpose of
ascertaining or confirming any information it may require, the Board may address
to the Commissioner of Police
a request for inquiries and report, and may in
like manner request such information from any other proper official or person
whether
in Fiji or abroad.
Report to Minister Form E
10. When satisfied as to
the extent of such dependence and the nature of such relationship and the name
and address of a person suitable
for appointment as trustee, the Board shall, in
accordance with Form E in the Schedule, forthwith report the result of its
investigations
to the Minister.
Confidential report may be required
11. The Board may require
any person whom it believes to be in a position to do so, to furnish a
confidential written report as to
the circumstances of, the names, ages and
means of livelihood of the dependants of, the family and blood relationships of,
the means
of livelihood of, and the age of any person who claims a pension or
for whom a pension is claimed; and any person who, being a resident
in Fiji, on
being required to do so by the Board, fails to furnish a report within a
reasonable time, shall be guilty of an offence,
and shall be liable to a fine
not exceeding one hundred dollars.
Military record and medical investigation
12. The Board shall obtain
from the proper military authority a copy of the record of a member of the
forces who is referred to in
the claim. In the case of a member of the forces
who, it is claimed, suffers from an incapacity, the Board may accept such
evidence
of incapacity as is part of the member's record; but if not satisfied
by that evidence, it shall take other steps as to it shall
seem desirable in
order to ascertain the nature and extent of the incapacity. For this purpose it
may request a Government medical
officer to make an examination, and to report
the result of such examination to the Board.
Recommendation to Minister
13. On the completion of
its investigation the Board shall forthwith report the result thereof and its
recommendation thereon to the
Minister.
Declarations
14. Declarations made
under these Regulations may be made before any of the following persons: a
magistrate, a district officer, a
justice of the peace, a minister of religion,
a barrister and solicitor of the Supreme Court or a medical
practitioner.
Record of claims Form F
15. Unless otherwise
directed by the *Minister, the Board shall keep a record, in accordance with
Form F in the Schedule of war pension
claims received by
it.
* Delegated to
Permanent Secretary for Finance and Deputy Secretary for Finance by Notice 19th
January, 1978.
Certificate of incapacity Form G
16. A medical certificate
of incapacity may be in accordance with Form G in the Schedule.
Pension certificate and identification card Forms H and I
17. On the grant of a
pension, a pension certificate in accordance with Form H in the Schedule, shall
be forwarded to the pensioner
or trustee for the pensioner, and an
identification card in accordance with Form I in the Schedule, shall be
forwarded to the Chief
Accountant.
Payment of pension
18. The issue by the Board
to the Chief Accountant or to any sub-accountant of a voucher authorising
payment to the pensioner or trustee
of the quarterly instalment then payable and
the production to the Chief Accountant or the sub accountant by the pensioner or
trustee
of the pension certificate shall be the authority of the Chief
Accountant or the sub-accountant to make payment of the instalment
of pension
therein described.
Pension payable quarterly
19. Pensions shall be
payable quarterly in advance on the third day of the months of January, April,
July and October in each year.
Receipt
20.
The pensioner or the trustee shall give a
receipt for each instalment in accordance with Form J in the Schedule.
(Form
J)
Authority to receive payment
21. No payment shall be
made to any person other than the pensioner or the trustee, unless such person
is the holder of an authority
in accordance with the Treasury form for the time
being in force.
Declaration as to marriage
22. An instalment of
pension granted to any female dependant of a member of the forces, being over
the age of sixteen years and being
unmarried, widowed or divorced, shall not in
any case be paid unless there is presented to the Chief Accountant or
sub-accountant
at the time of payment a declaration in Form K in the Schedule
showing that, on the due date of such instalment, such female dependant
has not
married or remarried.
(Form
K)
Declaration by trustee
23. An instalment of a
pension payable to a trustee shall not in any case be paid unless there is
presented to the Chief Accountant
or sub-accountant at the time of payment a
declaration in Form L in the Schedule, showing that, on the due date of such
instalment,
the person on behalf of whom the pension is payable is alive.
(Form
L)
Suspension of pension
24. Where-
(a) a pensioner is admitted to hospital as an in-patient; or
(b) the Minister is satisfied that a pensioner is mis-spending money,
the
Minister may, if he considers it in the interests of the pensioner so to do,
suspend payment of the
pension:
Provided that in such
case the amount of the pension accrued during the period of suspension may at a
later date be paid to the pensioner
or trustee or, in the event of the
pensioner's decease, may be dealt with under regulation 28.
Payment to trustee
25.
The *Minister may, with the consent of
the pensioner, make payment of the pension to a
trustee.
*
Delegated to Permanent Secretary for Finance and Deputy Secretary for Finance by
Notice 19th January, 1978.
Lost certificate
26. If a pensioner or a
trustee loses his pension certificate, he may make application in accordance
with Form M in the Schedule,
to the Board for a duplicate certificate; and if
the Board issues a duplicate it shall notify the Chief Accountant or other
officer
who is authorised to pay the pension. The duplicate shall bear across
its face the word "duplicate", together with a note in writing
under the hand of
the Secretary of the Board stating the date on which the duplicate is issued.
(Form
M)
Change of place of pay payment
27. If a pensioner or a
trustee desires to change the place of payment of pension he may make
application in Form N in the Schedule,
to the officer authorised to pay the
pension, and if such officer is satisfied that the request is a reasonable one,
he shall make
a note on the pension certificate as follows:- "Payment to be made
in future at " and add his signature.
(Form
N)
Payment to legal representative, etc.
28. Any undrawn instalment
of a pension due at the date of a pensioner's decease, if applied for within six
months after such decease,
may be paid to such person as in the opinion of the
Board has a legal or equitable claim
thereto:
Provided that the Board
shall not authorise payment to any person who is not a legal representative of
the deceased, until it is satisfied
that probate of will or letters of
administration will not be applied for.
Inquiries and report by Registrar of Deaths
29.-(1)
Whenever the death of any person is
reported to a Registrar of Deaths for registration, the Registrar of Deaths may
inquire whether
the deceased was a pensioner under the Act and the person
reporting the death shall state, to the best of his knowledge, whether
the
deceased was a pensioner or not. If the deceased was a pensioner, the Registrar
of Deaths should send to the Board a notice of
death, in accordance with Form O
in the Schedule.
(Form
O)
(2) In this regulation,
"Registrar of Deaths" means any officer charged with the duty of registering
deaths.
SCHEDULE
FORM
A
(Regulation 4)
FIJI
THE
WAR PENSIONS (1943)
ACT
CLAIM FOR
WAR PENSION CLAIM BY AN INCAPACITATED MEMBER OF THE FORCES
Section 20 of the War
Pensions (1943) Act reads:-[Here to be set out section
20]
To the Board of Pensions at
Suva.
I,
[here write full
name] of
[here write
full
postal
address] hereby claim for myself a
pension, and I declare that, to the best of my knowledge and belief, the
following replies to the questions
and requests for information are true and
correct in every particular.
Questions
and requests for information.
|
Replies.
|
State how long you were
resident in Fiji prior to the
|
|
outbreak of
war................................
|
|
State your number, rank, and
the regiment or branch of
|
|
the Forces in which you
served ...................
|
|
State how, where and when
your incapacity was caused
|
|
Where and when were you
born? (Give name of town
|
|
and country, also exact date
if known) .............
|
|
What was your occupation
before the outbreak of war?
|
|
If you are or have been
married, state, in respect of
|
|
your first
marriage-
|
|
Full maiden name of wife
......................
|
|
Place of marriage
............................
|
|
Date of marriage
-----------------------------
|
|
Give similar particulars of
your subsequent marriage,
|
|
or marriages, if any
.............................
|
|
Have you earned any money
since your services as a
|
|
member of the Forces ended?
.....................
|
|
If so, give full particulars
..........................
|
|
Give the names and addresses
of all who would have
|
|
been dependent upon your
earnings but for your
|
|
incapacity, also state the
relationship which each of
|
|
such dependants bears to
yourself ................
|
|
(State here whether the
relationship is that of
|
|
wife, son, daughter,
step-son, step-daughter, or an
|
|
adopted child.)
|
|
In the last twelve months
did any of your dependants
|
|
named above earn any money?
...................
|
|
If so, give full particulars
of such earnings ............
|
|
In the last twelve months
did any of your dependants
|
|
named above have any means
of support other than
|
|
that which was contributed
by yourself, or which was
|
|
earned by the dependant or
dependants? ..........
|
|
If so, give full particulars
..........................
|
|
Are you receiving or
entitled to receive any payment by way of compensation, pension, war pension,
retiring allowance, superannuation,
or gratuity? ...........
|
|
If so, give full particulars
..........................
|
|
Declared at the day of
19
Signature of
Declarant-
Before
me,
The foregoing claim was
received by the Board of Pensions on, ,
19
* The person before whom this
declaration is made to sign here and add the title by which he takes the
declaration, such as "magistrate",
etc.
t
The declaration may be made before any of the following persons: -A magistrate;,
a district officer, a justice of the peace, a minister
of religion, a barrister
and solicitor or a medical practitioner.
__________________________
FORM
B
(Regulation 5)
FIJI
THE
WAR PENSIONS (1943)
ACT
CLAIM FOR
WAR PENSION CLAIM BY A DEPENDANT (INCLUDING WIFE OR WIDOW) OVER THE AGE OF
SIXTEEN YEARS
Section 20 of the War
Pensions (1943) Act reads:-[Here to be set out section
20]
To the Board of Pensions at
Suva.
I,
[here write full
name] of
[here write full
postal address] hereby claim for myself a
pension, and I declare that, to the best of my knowledge and belief, the
following replies to the questions
and requests for information are true and
correct in every particular.
Questions
and requests for information.
|
Replies.
|
Give the full name of the
member of the Forces on
|
|
whose death or incapacity
the claim is based ........
|
|
State his rank, his number
(if known), and the regiment
|
|
or branch of the Forces in
which he served .........
|
|
State whether he is dead, or
is
alive but incapacitated
.....
|
|
What is your relationship to
him? ...................
|
|
When and where were you
born? (Give name of town
|
|
and country, also exact
date, if known) ............
|
|
What is your
occupation?..........................
|
|
If you are or have been
married, state in respect of your
|
|
first marriage-
|
|
Full name of husband
.........................
|
|
Full maiden name of wife
......................
|
|
Place of marriage
............................
|
|
Date of marriage
.............................
|
|
Give similar particulars of
your other marriage or
|
|
marriages (if any)
..............................
|
|
Were you dependent upon the
earnings of the aforesaid
|
|
member of the Forces at the
time of his death?
|
|
(This question will, of
course, not be answered if
|
|
such member is
alive.)
|
|
Would you have been
dependent upon the earnings of
|
|
the aforesaid member of the
Forces but for his
|
|
incapacity?
|
|
(This question will, of
course, not be answered if
|
|
such member is
dead.)
|
|
In the last twelve months
has any person other than the
|
|
aforesaid member of the
Forces contributed towards
|
|
your
maintenance?.............................
|
|
Is so, give full particulars
..........................
|
|
Have you earned any money in
the last twelve months?
|
|
If so, give full particulars
..........................
|
|
Have you at any time applied
for an invalid or old-age
|
|
pension?......................................
|
|
If so, state when and where
........................
|
|
Have you, during the last
twelve months, had any
|
|
means of support other than
means of support shown
|
|
above?
..........................................
|
|
If so, give full particulars
..........................
|
|
Are you receiving or
entitled to receive, any payment
|
|
by way of compensation,
pension, retiring allowance,
|
|
superannuation, or gratuity?
.....................
|
|
If so, give full particulars
..........................
|
|
Give the names and addresses
of all persons known to you who were dependent upon the earnings of the
aforesaid member of the Forces
at the time of his
death.........................................
|
|
(This question will, of
course, not be answered if such member is alive.)
|
|
Declared at the day
of 19
Signature of
Declarant-
Before
me,
The foregoing claim was received
by the Board of Pensions
on 19
*The person before whom
this declaration is made to sign here and add the title by which he takes the
declaration, such as "magistrate",
etc.
t The declaration may be made
before any of the following persons:-A magistrate, a district officer, a justice
of the peace, a minister
of religion, a barrister and solicitor or a medical
practitioner.
______________________
FORM
C
(Regulation 5)
FIJI
THE
WAR PENSIONS (1943) ACT
CLAIM
FOR WAR PENSION
(This Form is to be
used only in claiming pensions for
dependants
under the age of sixteen
years.)
Section 20 of the War
Pensions (1943) Act reads:- [Here to be set out section
20]
To the Board of Pensions, at
Suva.
I,
[here write
full
name] of
[here write
full
postal address and
occupation] hereby claim a pension for
each dependant who is named in this Pension Claim. I declare that I am more than
sixteen years of age and
that, to the best of my knowledge and belief, the
following replies to the questions and requests for information are true and
correct
in every particular.
Questions
and requests for information.
|
Replies.
|
Give the full name of the
member of the Forces on
|
|
whose death or incapacity
the claim is based ........
|
|
State his rank, his number
(if known), and the regiment
|
|
or branch of the Forces in
which he served .........
|
|
State whether he is dead, or
is alive but incapacitated .....
|
|
State in respect of his
first marriage:-
|
|
Full maiden name of wife
........................
|
|
Date of marriage
...............................
|
|
Place of marriage
..............................
|
|
State in respect of his
second marriage (if any):-
|
|
Full maiden name of wife
........................
|
|
Date of marriage
...............................
|
|
Place of marriage
..............................
|
|
Give similar details in
relation to his other marriages (if
|
|
any)
.........................................
|
|
State in respect of the
first dependant for whom
|
|
pension is
claimed:-
|
|
Full name of dependant
.......................
|
|
Date of birth of dependant
....................
|
|
Place of birth of dependant
....................
|
|
Where living at present
.......................
|
|
Full name of father of
dependant ...............
|
|
Full maiden name of mother
of dependant .......
|
|
Relationship of dependant to
the deceased or
|
|
incapacitated member of the
Forces who is
|
|
named above*
.............................
|
|
State in respect of the
second dependant for whom
|
|
pension is
claimed:-
|
|
Full name of dependant
.......................
|
|
Date of birth of dependant
....................
|
|
Place of birth of dependant
....................
|
|
Where living at present
.......................
|
|
Full name of father of
dependant ...............
|
|
Full maiden name of mother
of dependant .......
|
|
Relationship of dependant to
the deceased or
|
|
incapacitated member of the
Forces who is
|
|
named above *
.................................
|
|
State in respect of the
third dependant for whom
|
|
pension is
claimed:-
|
|
Full name of dependant
.......................
|
|
Date of birth of dependant
....................
|
|
Place of birth of dependant
....................
|
|
Where living at present
.......................
|
|
Full name of father of
dependant ...............
|
|
Full maiden name of mother
of dependant .......
|
|
Relationship of dependant to
the deceased or
|
|
incapacitated member of the
Forces who is
|
|
named above*
.....................................
|
|
State in respect of the
fourth dependant for whom
|
|
pension is
claimed:-
|
|
Full name of dependant
.......................
|
|
Date of birth of dependant
....................
|
|
Place of birth of dependant
....................
|
|
Where living at present
.......................
|
|
Full name of father of
dependant ...............
|
|
Full maiden name of mother
of dependant ................
|
|
Relationship of dependant to
the deceased or
|
|
incapacitated member of the
Forces who is
|
|
named above*
........................................
|
|
State in respect of the
fifth dependant for whom
|
|
pension is
claimed:-
|
|
Full name of dependant
.......................
|
|
Date of birth of dependant
....................
|
|
Place of birth of dependant
....................
|
|
Where living at present
.......................
|
|
Full name of father of
dependant ...............
|
|
Full maiden name of mother
of dependant .......
|
|
Relationship of dependant to
the deceased or
|
|
incapacitated member of the
Forces who is
|
|
named above*
.................................................
|
|
State in respect of the
sixth dependant for whom
|
|
pension is
claimed:-
|
|
Full name of dependant
.......................
|
|
Date of birth of dependant
....................
|
|
Place of birth of dependant
....................
|
|
Where living at present
.......................
|
|
Full name of father of
dependant ...............
|
|
Full maiden name of mother
of dependant .......
|
|
Relationship of dependant to
the deceased or
|
|
incapacitated member of the
Forces who is
|
|
named above*
.............................................
|
|
Give similar details in
respect of each other dependant
|
|
for whom pension is claimed
.....................
|
|
Was every one of the persons
named in this claim
|
|
dependent upon the earnings
of the aforesaid
|
|
member of the Forces at the
time of his death? ......
|
|
(This question will, of
course, not be answered if
|
|
such member is
alive.)
|
|
Would every one of the
persons named in this claim
|
|
have been dependent on the
earnings of the aforesaid
|
|
member of the Forces but for
his incapacity?
|
|
(This question will, of
course, not be answered if
|
|
such member is
dead.)
|
|
Do you consider yourself
well qualified to speak of the
|
|
sources of maintenance of
the dependants referred to
|
|
in this claim?
----------------------------------
|
|
Give your reasons for
considering yourself to be so
|
|
qualified.......................
. . . . .
|
|
What is your relationship to
the dependants? .........
|
|
In the last twelve months
has any person other than the
|
|
aforesaid member of the
Forces maintained or
|
|
contributed towards the
maintenance of any of the
|
|
dependants referred to in
this claim? ..............
|
|
If so, give full particulars
..........................
|
|
Has any of the dependants
referred to in this claim
|
|
earned money in the last
twelve months? ..........
|
|
If so, give full particulars
..........................
|
|
Give the name and address of
some person over the age
|
|
of sixteen years who is able
and willing to receive and
|
|
economically disburse the
pensions which may be
|
|
granted in pursuance of this
claim................
|
|
What relationship does such
person bear to the
|
|
dependants ?
-----------------------------------
|
|
Are any of the dependants
named in this claim
|
|
receiving any payment by way
of compensation,
|
|
pension, retiring allowance,
superannuation, or
|
|
gratuity?......................................
|
|
If so, give full particulars
..........................
|
|
Give the names and addresses
of ail persons known to
|
|
you (other than those named
in this claim) who were
|
|
dependent upon the earnings
of the aforesaid
|
|
member of the Forces at the
time of his death.......
|
|
(This question will, of
course, not be answered if
|
|
such member is
alive.)
|
|
Declared at the day of
, 19
Signature of
Declarant-
Before
me,
The foregoing claim was
received by the Board of Pensions
on 19
*State here whether the
relationship is that of son, daughter, grandson, grand-daughter, step-son,
step-daughter, brother, sister,
half-brother, half-sister, adopted child,
ex-nuptial child or ex-nuptial
grandchild.
t If the dependants have a
parent, the parent's name and address should be here given unless the parent is
a person to whom, for any
reason, the pension should not be
paid.
t The person before whom this
declaration is made to sign here and add the title by which he takes the
declaration, such as "magistrate",
etc.
§ The declaration may be
made before any of the following persons:-A magistrate, a district officer, a
justice of the peace,
a minister of religion, a barrister and solicitor or a
medical practitioner.
___________________
FORM
D
(Regulation 8)
FIJI
THE
WAR PENSIONS (1943) ACT
SUMMONS TO ATTEND
To
You
are hereby summoned to attend in person at the office of the Board of Pensions
in at o'clock on the day of
19 ,
in order that you may give evidence in
relation to the claim made by for a war pension and also to bring with you and
produce at the
time and place
aforesaid
Issued at the day of
, 19
................................................
Chairman,
Board of Pensions.
_______________________
FORM
E
(Regulation 10)
FIJI
THE
WAR PENSIONS (1943) ACT
REPORT OF CHAIRMAN, BOARD OF PENSIONS
To
I
have to report that I have investigated the claim made by for a pension for
and I find that
he/she/they
are the children of
and
are wholly dependent
upon
I further find that the
person whose name and address here follow is a person over the age of sixteen
years and who is able and willing
to receive and economical disburse the
pensions which may be granted in pursuance of the claim under
notice.
The name and address
referred to
are:-
Date:
........................................................
Chairman,
Board of
Pensions.
_________________
FORM
F
(Regulation 15)
Date
claim
received |
Service
number |
Date
service
terminated |
Claim
on
behalf of |
Address
|
Trustee
|
Remarks
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
_________________
FORM
G
(Regulation 16)
FIJI
THE
WAR PENSIONS (1943) ACT
MEDICAL CERTIFICATE
I hereby declare that I
have this day examined of , a claimant for a war
pension.
I find the
claimant-
(1) is about years of
age.
(2) States he is suffering
from .
(3) My examination
shows* .
(4) The above
condition is the result of and is due/not due to his
default.
(5) It has in my opinion
existed for
(6) Is he under
medical treatment?
(7) If not, do
you recommend treatment?
(8) The
likelihood of further improvement
is
(9) The condition is such as to
render him totally/partially incapacitated for work for the period of months
from this date.
(10) Comparing
this man's condition with that of a normal healthy roan, what is the percentage
of disability in this case?
(11)
Since the previous examination he has suffered to the following extent from
illness resulting from military
service.
Date:
Place:
Address:
.......................................
Medical
Examiner.
To the Chairman, Board of
Pensions.
* The examining Medical
Officer should give full details of symptoms and physical signs found by him
during his examination.
____________________
FORM
H
(Regulation 17)
FIJI
THE
WAR PENSIONS (1943) ACT
WAR PENSION CERTIFICATE
I certify that a pension,
as detailed on the other side hereof, has been granted. The first instalment
payable was due on the day
of , 19 for the period from , 19 to
19
Amount
$
The first quarterly instalment
is due on the day of 19
Amount
$
Date:
..............................................
Secretary,
Board of
Pensions.
The pension is payable
only at the office named herein, and no application for
temporary
transfer to another office will be
entertained.
This certificate must
be produced when application is made for payment of each instalment of pension,
and no instalment will be paid
without its production. If the pensioner or the
trustee cannot apply in person he may, on a form obtainable from any
sub-accountant,
give an order to another
person.
It is important to note
that a pension is not a security on which money may be borrowed, because,
subject to the Act, a pension is
absolutely inalienable whether by way or in
consequence of sale, assignment, charge, execution, insolvency, or otherwise,
howsoever.
Transfers to another
office of payment should be noted
hereunder:-
Payment to be made in
future at-
Signature of
sub-accountant.
Date.
Pension
Certificate Number:
Total quarterly
rate dollars cents payable
at
*Pensioner's *Trustee's Signature
(or witnessed mark)
Witness to
mark:
Full name of each
pensioner.
Quarterly amount
payable.
Total:
..........
The instalments are payable
to
* Strike
out what is inapplicable.
3 Jan.,
|
1945
|
Apr.,
|
1946
|
3 July,
|
1947
|
3 Oct.,
|
1948
|
3 Jan.,
|
1950
|
1 Apr.,
|
1951
|
3 Apr.,
|
1945
|
3 July,
|
1946
|
Oct.,
|
1947
|
3 Jan.,
|
1949
|
Apr.,
|
1950
|
3 July,
|
1951
|
3 July,
|
1945
|
3 Oct.,
|
1946
|
3 Jan.,
|
1948
|
Apr.,
|
1949
|
3 July,
|
1950
|
3 Oct.,
|
1951
|
3 Oct.,
|
1945
|
3 Jan.,
|
1947
|
Apr.,
|
1948
|
3 July,
|
1949
|
3 Oct.,
|
1950
|
3 Jan.,
|
1952
|
3 Jan.,
|
1946
|
Apr.,
|
1947
|
3 July,
|
1948
|
3 Oct.,
|
1949
|
3 Jan.,
|
1951
|
Apr.,
|
1952
|
The officer paying is
required to place his date stamp on the proper space when payment is made. If he
has no date stamp he must place
his initials and the date in the space (in ink,
not pencil). When, for example, the instalment due on 3rd July, 1945, for the
quarter
commenced on that day, is paid the date stamp must be placed in the
space in which the date 3rd July, 1945, is printed.
________________________
FORM
I
(Regulation 17)
FIJI
THE
WAR PENSIONS (1943) ACT
IDENTIFICATION CARD
(The sub-accountant or
other officer must retain this card. The card should not be
folded.)
Full name of each
pensioner.
Quarterly amount
payable.
Total..........
The
instalments are payable to as *pensioner/
trustee.
Name of member of the Forces
in respect of whose death or incapacity this pension is
payable
Pension certificate
No.
Pension, as above, at the rate of
quarterly, has been granted from payable in advance
at
The first instalment payable
was due on the 19 , for the period from 19 , to ,
19
Amount
$
The first quarterly instalment
is due on the day of 19
Amount
$
Date:
....................................................
Secretary,
Board of Pensions.
Payment to be made in
future at ,
The last payment made
at this office was due on the
19
(Signed)
Date:
Sub-Accountant
at
Payment to be made in future at
The last payment made at this
office was due on the ,
19
(Signed)
Date:
Sub-Accountant
at
Payment to be made in future at
.
The last payment made at this
office was due on the ,
19
(Signed)
Date:
Sub-Accountant
at
*Strike out
what is inapplicable
_____________________________
FORM
J
(Regulation 20)
FIJI
War Pension Certificate
No.
RECEIPT
I acknowledge to have
received the sum of $ , being pension payable in advance in accordance with
pension certificate numbered as
above for the quarter
commenced
Signature
_______________________
FORM
K
(Regulation 22)
FIJI
THE
WAR PENSIONS (1943) ACT
DECLARATION OF FEMALE DEPENDANT
I hereby declare that I am
the of and that, at the date which is written after my signature hereon, I
have not married
(again).
Signature:
Date:
Note:-One
of these forms must be duly completed and handed to the sub-accountant or the
paying officer whenever a female dependant applies
for payment of an instalment
of pension, and the form will not be accepted by the paying officer if it bears
a date prior to the
date on which the instalment became due.
___________________________
FORM
L
(Regulation 23)
FIJI
THE
WAR PENSIONS (1943) ACT
DECLARATION OF TRUSTEE
I hereby declare that the
pensioners whose names are written below are alive at the date which is written
after my signature hereon
and that I am entitled to draw their
pensions.
Names of
pensioners:
Signature:
Date:
Note.-One
of these forms must be duly completed and handed to the paying officer whenever
a trustee applies for payment of an instalment
of pension, and the form will not
be accepted by the paying officer if it bears a date prior to the date on which
the instalment
became due.
_______________________
FORM
M
(Regulation 26),
FIJI
THE
WAR PENSIONS (1943) ACT
APPLICATION FOR DUPLICATE CERTIFICATE
To the Chairman, Board of
Pensions.
I, of being a
pensioner, or
trustee*, hereby make application for a
duplicate pension certificate in lieu of the original certificate No. and in
support of
the application I hereby declare as
follows:-
1. The name or names of
the pensioner or pensioners is or
are
2. The original certificate
was duly issued to me and has been lost
[or, as the case may
be,
destroyed].
3.
4.
I have made diligent search for the lost Certificate, but have been unable to
find it.
5. I do hereby solemnly
declare that this statement is
true.
Declared by the said
Applicant.
at this 19 ,
before me-*§
* If destroyed,
state when and how. t If lost.
$ The
person before whom this declaration is made to sign here and add the title by
which he takes the declaration, such as "magistrate",
etc.
§ The declaration may be
made before any of the following persons:-A magistrate, a district officer, a
justice of the peace,
a minister of religion, a barrister and solicitor or a
medical practitioner.
________________________
FORM
N
(Regulation 27)
FIJI
THE
WAR PENSIONS (1943) ACT
APPLICATION FOR CHANGE OF PLACE OF PAYMENT
(Application accompanied
by pension certificate, must be sent to the sub-accountant or other officer who
pays
pension.)
Address:
Date:
Pension
Certificate No.
I hereby apply
that place of payment of the pension be changed from to for the following
reasons:-
...............................
Signature
of Applicant.
I beg to report to
the Chairman, Board of Pensions at that I have authorised the transfer from
to
The last payment made at
this office was due on
the 19
....................................
Paying
Officer.
_______________________
FORM
O
(Regulation 29)
FIJI
THE
WAR PENSIONS (1943) ACT
NOTICE OF DEATH
To the Chairman, Board of
Pensions.
I advise that I have
received notice of the death of
[Insert
full
name and last
address; also any other available particulars likely to assist in
identification] who died on the day of
, 19 , aged years, and I believe him to have been a pensioner under the War
Pensions (1943) Act, whose pension was paid at
....................................
Registrar
of Births, Deaths, and Marriages,
or
Official charged with duty of registering deaths.
Date
19
Regulation 29 under the War
Pensions (1943) Act authorises the official registering a death to inquire, when
registering the death of any person, whether the deceased was a pensioner
under
the Act, and, if so, to notify the Chairman, Board of Pensions. As war pensions
are granted to persons of all ages, inquiry
should be made in all
cases.
Controlled by Ministry of Finance
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