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War Pensions 1943 Act

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.


THE WAR PENSIONS (1943) ACT


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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