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Pension to widow, children, etc

Defence (Pensions And Other Grants) Regulations, reg. 35 · Revised Edition 2020

(1) Where an officer or soldier, while in service in the Belize Defence Force, dies as a result of any wounds or injuries received or suffered in such service, or as a result of any disease or illness to which he has been subjected and which is directly attributable to such service, it shall be lawful for the appropriate authority, in addition to any gratuity that may be granted under regulation 34– (a) if the deceased leaves a widow, to grant to her a pension not exceeding one-third of the pension the deceased would have been entitled to at the date of his injury or death; (b) if the deceased leaves a widow and a child or children, to grant to each child a pension not exceeding a portion equal to the sum that would be obtained by dividing one third of his pension at the date of his injury by the number of children so entitled; (c) if the deceased does not leave a widow but leaves a child or children or if the widow dies after she has been granted a pension under paragraph (a) of this regulation, to grant to each child a pension of double the amount it would have received if there had been a widow still surviving; (d) if the deceased does not leave a widow or if no pension is granted to this widow and his mother was wholly or mainly dependent on him for her support, to grant to the mother a pension of an amount not exceeding the pension which might have been granted to this Defence 183 (e) if the deceased does not leave a widow or mother or if no pension is granted to his widow or mother and his father was wholly or mainly dependent on him for his support, to grant a pension to the father of an amount not exceeding the pension which might have been granted to his widow; (f) if the deceased does not leave a child or children who is or are eligible for a pension under the provisions of this regulation and if any brother or sister was wholly or mainly dependent on him for support, to grant a pension to any brother or sister until he or she attains the age of eighteen years, of the same amount and subject to the above conditions as the pension which might have been granted under paragraphs (b) or (c) of subregulation (1). provided that– (a) if in the opinion of the appropriate authority there are compassionate grounds for so doing, the appropriate authority may grant to any child of a deceased, being a child who at the time of his death was wholly or mainly dependent on him for support and who has attained the age of eighteen, a pension for such period as the appropriate authority may determine of an amount not exceeding the pension which may be granted under paragraphs (b) or (c) of subregulation (1), as the case may be; (b) if the deceased leaves a child who was incapacitated at the time of his death (hereinafter in this regulation referred to as an incapacitated child), the appropriate authority 184 Defence may, notwithstanding any pension which may have been granted under paragraphs (a) or (b) of this subregulation, grant an additional pension in respect of such incapacitated child after he has reached the age of eighteen years and so long as his incapacity shall continue, of an amount not exceeding one-half of the pension which might have been granted under paragraphs (a) or (b) aforesaid, as the case (c) no pension shall be payable under this subregulation at any time in respect of more than six exclusive of the incapacitated children and where there are more than six such children in respect of whom, but for this proviso, a pension would be payable, then the amount payable in respect of six children shall be divided equally among all such children during the period in which there are more than six children under the age of eighteen years; (d) in the case of a pension granted under paragraphs (d), (e) or (f) of this regulation, if it appears to the appropriate authority at any time that. the mother or father or any brother or sister is adequately provided with other means of support, such pension shall cease as from such date as the appropriate authority may determine. provided further that the pension granted to– (a) a widow shall cease upon her remarriage or upon her cohabiting with any man; (b) a child shall cease upon its marriage or, subject to proviso (b) above in regard to an Defence 185 incapacitated child, upon attaining the age of eighteen years. (2) No pension shall be granted to the widow of the deceased if, at the time of his death, she was cohabiting with a person other than the deceased. and Repeal of

Amended by: S.I. 8 of 1981

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