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Ministerial Order No. 7/2001
Concerning Procedures and Provisions to be Followed
in the Case of the Loss of an Insured Person or a Pensioner
The Minister of Labour and Social Affairs,
Having reviewed the Social Insurance Law No. 24/1976 and its amendments,
and in particular Article 92,
And the Ministerial Order No. 14/1978 dated 24/4/1978,
And upon the proposal of the Board of Directors of the General Organisation
for Social Insurance at its meeting held on 9/10/2000,
And upon the submission of the Director General of the General Organisation
for Social Insurance,
Hereby Orders:
Article 1
In the application of the provision of this order, the loss of
an insured person or a pensioner must be officially certified by
notifying the Police Station and having the loss incidence, its
date and circumstances minuted.
Article 2
The dependants of the insured person or of the pensioner, should
make a written request to obtain the monthly allowance mentioned
in Article 92 of the Social Insurance Law, together with the following
documents:
- The documents, with the exception of death certificate, required
for paying the death pension, which are mentioned in the Ministerial
Order No. 14/1978 dated 24/4/1978;
- An official copy of the Police minute;
- An official certificate from the Police Station indicating
that the insured person or the pensioner was not found during
three months following the date of the loss;
- An official certificate from the employer with whom the insured
person used to work, indicating in details the nature of work
he was doing if the incidence occurred in the course of employment.
Article 3
Should the insured person or the pensioner be found alive, the
allowance in payment for the dependants will be ceased- or cancelled
as the case may be- with effect from the first day of the following
month of the date he was found as indicated in the certificate issued
by the Police Station.
Article 4
Should the insured person or the pensioner be found alive, payment
of the loss allowance made to the dependants will be held correct
only if it is approved by the competent authority that the loss
was caused by reasons out of his control, like loss of memory, madness,
arrest or other reasons under which the lost person cannot notify
his employer or his family of his place, otherwise the payments
made to the dependants will be regarded as a debt on the insured
person or his dependants, and the General Organisation for Social
Insurance shall claim all the amounts from them according to the
procedures and reserves its right to sue them if necessary.
Furthermore, payments of the loss allowance made to the dependants
of the pensioner, shall be considered correct if the pensioner is
found alive provided that he submits a signed declaration that all
payments made to them are correct, otherwise those payments will
be held as a debt for the pensioner who would have the right to
claim them from the dependants and reserves the right to sue them
if necessary.
Article 5
After four years of the date of the loss, or after confirming his
death truly or legally, a death allowance shall be paid to the dependants
of the insured person or the pensioner according to Article 89 of
the Social Insurance Law; however, under whatsoever circumstances
this allowance must be returned by whoever received it whenever
the insured person or the pensioner is found alive.
Article 6
The Director General of the General Organisation for Social Insurance
shall implement this order, which shall come into force from the
date of its publication in official Gazette.
Abdulnabi Abdulla Al-Sho'ala
Minister of Labour and Social Affairs
Chairman of the Board of Directors
of the General Organisation for Social Insurance
Issued on: 15 Safar 1422
9 May 2001
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