Amendment of income criteria for grant of family pension to children/siblings suffering from mental or physical disability
F.No.1(7)/2013/D(P/P)/Vol-1
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
D(Pension/Policy)
Room No.222,’B’ Wing,
Sena Bhawan, New Delhi-110011.
Dated: 28th September,2021
To
The Chief of the Defence Staff
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff
Subject: Amendment of income criteria for grant of family pension to children/siblings suffering from mental or physical disability.
Sir,
The undersigned is directed to say that in accordance with Regulation 69 of Pension Regulations for the Army, Part-I (2008) read with MoD letter No. PN/7995/D(Pen/Pol)/2010 dated 1.10.2010 as amended from time to time, if a child/sibling of a deceased Armed Forces Personnel/Pensioner is suffering from a mental or physical disability, he/she is eligible for family pension for life, if the disability is of such a nature so as to prevent him/her from earning his/her livelihood subject to fulfilling income criteria.
2. Department of Pension & Pensioner’s Welfare (DoP&PW) has considered the matter regarding income criteria for determining eligibility for family pension in the case of a child/sibling, suffering from mental or physical disability. DoP&PW vide their OM No. 1/17/2019-P&PW(E) dated 08.02.2021 decided that a child/sibling of a deceased Government servant/pensioner, who is suffering from a mental or physical disability, shall be eligible for family pension for life, if the appointing authority is satisfied that the disability is of such a nature so as to prevent him/her from earning his/her livelihood, as evidenced by a disability certificate obtained from a competent medical authority. Such a child shall be deemed to be not earning his/her livelihood, if his/her overall income from sources other than family pension is less than the entitled family pension at ordinary rate and the dearness relief admissible thereon, payable on death of the Government servant/pensioner concerned.
2.1 Accordingly, a child/sibling of a deceased Government servant/pensioner, who is suffering from a mental or physical disability, shall be eligible for family pension for life, if he/she fulfils, among others, the following conditions:
(i) A disability certificate is issued by the competent medical authority.
(ii) The overall income of the disabled child, from sources other than family pension, remains less than the entitled family pension at ordinary rate (i.e 30% of the last pay drawn by the deceased Government servant/pensioner concerned) plus the dearness relief admissible thereon.
3. The issue has been considered in this Ministry and the President is pleased to decide that the decision taken at para 2 & 2.1 above shall also be extended for dependent children/siblings, who is suffering from a mental or physical disability, of deceased Armed Forces Personnel/pensioners with effect from 08.02.2021.
4. In cases where a child/sibling, suffering from a mental or physical disability is presently not in receipt of a family pension due to non-fulfillment of the earlier income criteria, family pension may be granted to such a child/sibling, if he/she fulfils the income criteria mentioned in para-2 above and also fulfills the other conditions for grant of family pension at the time of death of Government servant or pensioner or previous family pensioner. The financial benefits, in such cases, shall accrue with effect from 08.02.2021. All other conditions relating to grant of family pension remain unaltered.
5. The provisions of Pension Regulation for three services will be amended in due course.
6. This issues with the concurrence of the Finance Division of this Ministry vide their ID Note no.10(03)/2021/FIN /PEN dated 15.09.2021.
7. Hindi Version will follow.
Yours faithfully,
Sd/-
(Ashok Kumar)
Under Secretary to the Govt. of India