Questions asked frequently by Service Recipients
What is Disability Pension?
- Disability Pension means the pension, which is paid for the life time to the children, who are the children of officers in public service and suffering from physical or mental disabilities caused either by birth or before reaching the age of 26 years, after the demise of respective officer.
What is the process to be followed by the applicants to obtain disabled orphans’ pension?
- When both farther and mother demise whilst in public service or after retirement, the applicant should submit relevant documents for the preparation of disability pension and further it is required to appear for the preliminary inquiries conducted by the respective Divisional Secretariat. Then the Divisional Secretariat will refer the file to the Head Office for further action.
Who is the contributor for the purpose of filling relevant particulars pertaining to the applications for disabled orphans’ pension?
- Male/female officers, who have been granted an appointment to serve in a permanent and pensionable post in Public Service and get the membership of Widows’ and Orphans’ Pensions Fund, are introduced as contributors.
What is the action to be taken when defects are found in the application for disabled orphans’ pension?
- When a file is submitted to the Head Office for the preparation of disabled orphans’ pension, the officer in charge of the subject should check the respective file and identify the defects, if any, and then a letter should be sent to the Divisional Secretariat along with a copy to the applicant to call documents to make necessary rectifications. Once such letter is received, the officer in charge of the subject at Divisional Secretariat and the disabled party should take immediate action to submit relevant documents to the Head Office.
How should disabled persons be submitted to a medical board?
- The file along with the report of the preliminary inquiry conducted by the Divisional Secretariat, which should consist of the recommendation of the respective Divisional Secretary in the report to the effect that it is advisable to pay a disability pension, should be submitted. Based on the recommendation made by the Divisional Secretary, an application for the medical board along with a copy of Health Form 307 obtained recently from the disabled party is referred to the Department of Health Services. .
What is the effective date for granting entitlement to disabled orphans’ pension?
- The Medical Board gives their recommendation for the payment of disabled orphans’ pension along with the age, when the relevant disability occurred and its nature, when such person is directed to the board. From the date of the recommendation, the entitlement to disabled orphans pension is granted.
What are circumstances under which the application for disabled orphans’ pension is rejected?
- When it is mentioned in the application that the applicant is not suffering in a condition fallen under disabled category. (E.G -suffering from high blood pressure,diabetes , cholesterol etc. )
- When the Medical Board decides that the disability has caused after the age of 26 years.
- When Medical Board decides that the disability is not a permanent condition.
- When the applicant of disabled orphans’ pension is not a child of the legal marriage of contributor.
- When it is confirmed that the applicant is not a child of the contributor.
- The children of the female officers, who have obtained their appointments before 01.08.1983 and not contributed to W&OP, cannot be granted entitlement to disabled orphans’ pension.
*I,II and III can be shown as occasions where the requests for disabled orphans pension are widely rejected.
Why is it required to appoint a guardian for certain disabled children?
- A suitable guardian should be appointed on the recommendation of the Divisional Secretary to make the entitlement to disabled orphans’ pension for disabled children, who are not capable to make their livelihood and carry out their financial transaction, in order to ensure proper protection, care and nourishment of such disabled child.
What are the documents required to appoint a guardian?
- Recommendation of the Divisional Secretary on the individual or institution, who wishes to be the guardian of the disabled child.
- Completed affidavit of the guardian
- Certified copy of the national identity card of the guardian
- Certified copy of the bank pass book of the guardian
- A certified photograph of passport size of the guardian
- Agreement of the guardian as per Pensions Circular No. 7/2020 වි
- Affidavit of the guardian
Questions frequently asked by officers in charge of the subject
Questions frequently asked by officers in charge of the subject disabled For whom is the pension paid?
- Entitlement to disabled and orphans’ pension is granted to the children of officers in public service, who are suffering from mental or physical disability by birth or before the age of 26 years.
What are the legal provisions available for the payment of disabled and orphans’ pension?
- Section 29 of Widows’ and Orphans’ Pension Ordinance
- Section 7 of Widows’ and Orphans’ Pension Act
- Pension Circular No. 01/2009 dated 07.01.2009
- Gazette Extraordinary No 1719/3 dated 15.08. 2011.
- Pension Circular No. 01/2009 (Revision I) dated 02.12. 2020.
What are the basic requirements to be satisfied to get entitlement to disabled pension?
- Holding a pensionable post by male/ female contributor.
- Should have been confirmed in the relevant post.
- Male/female contributor should have contributed to widows and orphans’ pension fund.
- Male /female contributor should have demised and the spouse should have demised or entered another marriage.
- The mental or physical disability should have occurred by birth or before reaching the age of 26 years.
- Should have become permanently disabled leaving no capacity to the livelihood.
How is the disabled orphans’ pension calculated?
- Disabled children are entitled to the monthly pension received by male/female contributor before the death (basic salary+ cost of living allowance) as a pension.
- In case where several disabled children are found, the children are entitled to disabled orphans’ pension dividing proportionately the monthly pension of the male/female contributor among children
- In case where both father and mother have obtain membership of the widows’/ widowers’ and orphans’ pension scheme, entitlement is made taking higher salary as 60% and lower salary as 40% .( As per Gazette notification No 1719/3 dated 15.08.2011)
- Further, Director General of Pensions is empowered by the Gazette Notification No. 1719/3 dated 15.08.2011 to take a decision on the payment of a percentage from the pension based on the facts such as receiving income/married / income of the family .
When is the disabled orphans pension commenced?
- When the Medical Board grants its approval for the payment of disabled pension after examining the applicant directed to the board, payment is commenced from the date of approval.
What are the other documents to be submitted along with the application for disabled pension?
- Original of the certificate of birth of the applicant for disabled pension
- Certified photograph of passport size of the applicant
- Certified photograph of passport size of the guardian
- Certified copies of the national identity card of both the applicant and guardian
- Certified copy of the bank pass book of applicant/ guardian
- First copies of the marriage certificate of the parents of the applicant
- First copies of death certificates of the father and mother of the applicant
- Medical certificate in the health form 307 (Recommendation of the Medical Officer regarding the present disability)
- Duly perfected application for disabled orphans pension (අබා 01)
- Completed affidavit of the guardian (අබා 02)
- Agreement with guardian as per Pension Circular No. 7/2020
- Recommendation of the respective Divisional Secretary in the preliminary investigation report
- Recommendation of the Divisional Secretary on an appropriate guardian
- Duly perfected PD 4 application
- Sample signature form
- Telephone number of applicant/guardian
- Medical reports relevant within the age limit of orphans
What is the process that should be followed in directing a disabled person to a medical board?
- A preliminary inquiry is conducted on the disabled person as per Pension circular N0 1/2009 and then the file is referred to the Head Office along with the recommendation of the Divisional Secretary.
- An application for the Medical Board is referred to the Department of Health Services based on Health Form 307 after examining the file.
- Then the Department of Health Services directs the disabled person to a formal Medical Board and the Medical Board will give its recommendation whether the pension should/should not be paid to the disabled person.
- Further in terms of the provisions in Pension Circular No. 1/2009 (Revision I), the Divisional Secretariats and the Heads of the Institutions, where the officers are serving, can direct the disabled children, if any, to a Medical Board, in case where there are disabled children in the family of retired officers who are receiving pension, and who are still serving.
How can a suitable guardian be appointed?
- A person with the capacity to ensure protection and nourishment to the disabled child and living in the Divisional Secretary's Division, where the disabled child is also living, can exercise option to be a guardian. For this purpose, the recommendation of the Divisional Secretary to the effect that the person is suitable to be appointed as the guardian is compulsory. Further having taken in to consideration the institutes/houses/elders homes/ convents etc , which provides protection to disabled children, action is taken to appoint managers and guardians. In such cases, action is taken to make entitlement to the benefits irrespective of the fact that the disabled orphan and guardian are living in different Divisional Secretary's Divisions.
What is the action that should be taken were the male/female contribution has entered several marriages?
- Certified copies of marriage certificates pertaining to each marriage , decree absolute or death certificates of spouse ( Certified by the Registrar of the Court) should be submitted. The particulars of the children of previous marriages should also be submitted ( Number of children, age, whether they are employed with dates, marital status, their birth certificates and copies of their bank accounts)
What is the action to be taken in granting entitlement to disabled pension when there are differences in the name of male/female contributor and disabled orphan?
- In case where differences in names are found, an affidavit should be submitted pertaining to a minor difference such as a difference in a letter of name. If differences are found in several letters of name or one part of the name, an inquiry should be conducted using reports of Grama Niladhari, extracts of voters' registers, reports of distinguished persons to verify the difference and then a report should be submitted through the Divisional Secretary. In case where differences are found in several parts of a name, and it is not possible to verify such difference in the above manner, the applicant should be informed to verify such difference by legal documents (Relevant documents obtained after making required revisions) and then those revised documents should be submitted.
If ant issue is found pertaining to a certain application in addition to the above, or if it is required to get further instructions, kindly note to communicate with the Widows' and Orphans' Pension Division of the Department of Pensions immediately.
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