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Forfeiture of pay while a prisoner of war

Defence (Pay And Allowances) Regulations, reg. 8 · Revised Edition 2020

(1) The pay of a member of the force shall not be forfeited for absence by reason of his having been made a prisoner of war unless the Commandant is satisfied that– (a) he was made a prisoner of war through disobedience to orders or wilful neglect of his duty; or (b) having been made a prisoner of war he failed to take any reasonable steps available to him to rejoin the force; or (c) having been made a prisoner of war he served with or aided the enemy in the prosecution of hostilities or measures calculated to influence morale or in any other manner whatsoever not authorized by international usage, provided that pay for any day of such absence may be provisionally withheld in accordance with the provisions of subregulation (2). (2) Where the Commandant is satisfied that the conditions of paragraphs (a), (b) or (c) of subregulation (1) are fulfilled, pay shall be forfeited for every day of absence from the date of capture or from the first day of the month in which the Commandant is so satisfied whichever is the later, Defence 163 provided that where pay has been provisionally withheld under the provisions of subregulation (3) the whole of the pay so withheld shall be forfeited. (3) Where a member of the Force who has been absent as a prisoner of war rejoins for duty, pay for the period from the first day of the month in which he was released to the day before that on which he rejoins for duty will be withheld pending an investigation of the circumstances of his case.
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