MILITARY PENSIONS SPECIAL FUND: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
(under section 8)
(5th January, 1973)
ARRANGEMENT OF REGULATIONS
3. Establishment of Pensions Board
4. Pensions in payment at the commencement of Regulations
5. Evidence of earnings
6. Conditions of entitlement
7. Determination of pensionable disablement
8. Disablement pension
9. Family allowance
10. Supplementary pension
11. Penalty for refusal of treatment
12. Review of pensions
13. Attendant's allowance
14. Clothing grant
15. Pensions to widows and allowances in respect of children of deceased soldiers
16. Supplementary pension to widow
17. Remarriage of widow
18. Pension to widow of a pensioner who dies of a non-pensionable disability
19. Pensions to parents
20. Remarriage gratuities to parents
21. Application for benefits and investigation of claim
22. Awards not assignable or executable
23. Control of payments of benefits
24. Date from which benefits take effect
First Schedule - Scales of Disablement Assessments in Respect of Specific Disabilities
Second Schedule - Disablement Pensions and Allowances for Wives
Third Schedule - Allowances and Educational Grants in respect of the Children of a disabled Soldier
Fourth Schedule - Attendants' Allowances
Fifth Schedule - Gratuities Payable in Full and Final Settlement for Disablement Assessed at Less than 20 per cent Disablement
Sixth Schedule - Benefits Payable to the Widows and in respect of the Children of Deceased Soldiers
Seventh Schedule - Pensions to Parents and to Dependants (Other than Widows, Children or Parents) of Deceased Soldiers
S.I. 2, 1973,
S.I. 29, 1976,
S.I. 76, 1977.
These Regulations may be cited as the Military Pensions Special Fund Regulations.
In these Regulations, unless the context otherwise requires-
"Board" means the Military Pensions Board established by regulation 3;
"child", in relation to a soldier, means-
(a) any child of the soldier, whether legitimate or illegitimate;
(b) any step-child of the soldier, and any child legally adopted by such soldier:
Provided that any child who is a child of a soldier in terms of the foregoing provisions shall continue to be the child of such soldier and shall not be or become the child of any other person unless such other person is himself a soldier who has become the adoptive parent or step-parent of such child;
"dependant", in relation to a soldier, means any person (other than a widow, parent or child) who in the opinion of the Board was wholly or in part dependent upon the soldier for a reasonable period prior to his enlistment, and up to the time of his disablement, or in the case of a deceased soldier, until his death;
"disablement pension" means the disablement pension payable to a soldier in terms of the Second Schedule;
"Forces" means the African Auxiliary Pioneer Corps and any unit or body of the British army raised in the former Bechuanaland Protectorate;
"marriage" includes a marriage in accordance with customary law;
"medical treatment" means medical, surgical or hospital treatment, skilled nursing services and the supply and repair of any artificial part of the body or any device necessitated by disablement;
"military service" means service with the Forces between the 1st June, 1941, and 28th September, 1955;
"parent" includes any person who in the opinion of the Board has assumed the place of a parent to a soldier;
"post-disablement earning capacity", in relation to a soldier, means a soldier's actual current earnings, or the amount which in the opinion of the Board he would have been capable of earning in the open labour market, had he no disablement other than that in respect of which he has been awarded a disablement pension under these Regulations, whichever is the greater;
"potential pre-disablement earning capacity", in relation to a soldier, means the amount which, in the opinion of the Board, the soldier would have been able to earn but for his disablement or death as a result of military service, having regard to-
(a) his post-disablement earning capacity;
(b) his age and educational attainments and his prospects of further education had he not enlisted;
(c) any evidence available as to the vocation he would have followed had he not been disabled and the average current earnings, salary or wages in such vocation;
(d) any evidence available as to his capacity for leadership and organization;
(e) his pre-enlistment occupation and earnings, if any, and his reasonable prospects of further advancement had he not died or been disabled as a result of military service; and
(f) the general circumstances of the case;
"secretary" means the secretary of the Board;
"soldier" means any person who served on military service;
"widow", in relation to a soldier, means a woman who was a wife of the soldier, at the time of his death;
"wife", in relation to a soldier, means-
(a) a woman who is married to the soldier;
(b) a woman who has had a child by the soldier and was wholly or substantially maintained by him on a normal marital basis for at least one year prior to his enlistment and is still being maintained by him, and who has not returned to nor is in receipt of support from her husband, provided the soldier has no wife as defined in paragraph (a).
(1) There is hereby established a Military Pensions Board to which shall be referred all claims for pensions under these Regulations.
(2) The Board shall consist of three persons, one of whom shall be a medical practitioner, appointed in writing by the Minister.
(3) Any person aggrieved by a decision of the Board may appeal to the Minister whose decision shall be final.
(4) The Minister shall appoint a secretary to the Board.
(1) Any pension in respect of military service being paid immediately before the commencement of these Regulations shall be deemed to have been awarded under these Regulations, and any reference in these Regulations to an award made under these Regulations shall include a reference to an award deemed to have been made under these Regulations.
(2) Any pension being paid immediately before the commencement of these Regulations shall continue to be paid at such rate as it would be paid if it had been awarded under these Regulations.
(1) Where it is necessary, in order to determine the amount of any benefit to be awarded under these Regulations to, or in respect of, a disabled or deceased soldier, to ascertain his earnings, it shall be the duty of any person who was the employer of the soldier during the period in respect of which his earnings require verification, and of any other person having any knowledge with respect to the financial circumstances of the soldier during the period, on being so required by notice in writing issued by the secretary, to furnish in accordance with the directions of the notice any information in such person's possession relating to those earnings or circumstances, and to produce any wages book, records or other documents in his possession containing any entries with respect to those earnings.
(2) If any person fails to comply with any provision of this regulation or furnishes any information which is false or calculated to deceive, knowing it to be false or calculated to deceive, he shall be guilty of an offence and liable to a fine not exceeding P100.
(1) Subject to the provisions of regulation 21, a soldier shall be entitled to the pension, allowances and other benefits hereinafter provided for, if he is found on due consideration in accordance with these Regulations, to be suffering from a disability (hereinafter referred to as a "pensionable disability"), which was either caused or aggravated by military service, and still remains so aggravated, and which has resulted in disablement, provided the said disability was not in fact caused or aggravated by the soldier's own serious misconduct.
(2) A disability shall be deemed to have been caused by military service-
(a) if such disability arose or became manifest during military service performed outside Botswana;
(b) if such disability arose or became manifest during military service performed in Botswana, unless the Board is satisfied on competent evidence-
(i) that the conditions under which the soldier served and his military duties were of such a nature that his disability could not have originated as a result of his military service;
(ii) that the disability is one which according to authoritative medical opinion, could not have been caused by conditions experienced on military service and which would not normally obtain in civil life; or
(c) if such disability is the result of an injury (other than a self-inflicted injury), sustained by a soldier-
(i) within the confines of the camp or barracks where he was stationed or within the confines of any accommodation outside such camp or barracks, where such soldier was required to reside because of the exigencies of military service;
(ii) while proceeding to or from his home or place of destination on authorized leave, unless the injury was sustained while he deviated from the direct route and the Board is of the opinion that such deviation was unreasonable in the circumstances.
(3) If a soldier is suffering from a disability which was not caused by military service but was aggravated thereby, he shall be compensated in respect of such aggravation only.
(4) If a disability in respect of which compensation is claimed is not recorded in the report on the medical examination of the soldier at the time of his enlistment, it shall be presumed not to have existed at the time, unless evidence is available which proves the contrary to the satisfaction of the Board.
(5) If a soldier contracts a disease or sustains an injury as a direct result of a pensionable disability or as a direct result of authorized medical treatment for a pensionable disability such disease or injury shall be deemed to be a pensionable disability provided the Board is satisfied that-
(a) the disease or injury was not due to the refusal of the soldier to undergo medical treatment or to any act or negligence or misconduct on the part of the soldier, and that in this regard the soldier exercised the special care which it was proper for him to take having regard to his pensionable disability;
(b) the disease or injury was not contracted or sustained in circumstances which give the soldier a right to compensation under any other written law or at common law.
A soldier's degree of pensionable disablement shall be determined by comparison with the physical and mental standard of a normally healthy person of the same age and sex, and shall be calculated as a percentage loss of physical or mental capacity in accordance with the First Schedule:
(i) if the disablement does not take a form specified in the said Schedule, it shall be assessed at the percentage of a disablement mentioned in that Schedule which the Board considers most closely to represent such disablement;
(ii) where the functional effects of two or more disabilities overlap, the Board shall make an assessment representing the cumulative effect of such various disabilities; and
(iii) if a soldier lost the total function of one of a pair of limbs or organs prior to his enlistment for military service, and loses the total function of the other limb or organ as a result of military service, his degree of pensionable disablement shall be determined on the basis of the loss of both such limbs or organs.
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