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:

  1. 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;
  2. An official copy of the Police minute;
  3. 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;
  4. 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