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Mentally retarded child entitled to family pension | Legal Xpress News
News By/Courtesy: Mohammad Tauqir Ali | 31 Jan 2022 23:03pm IST

HIGHLIGHTS

  • Union Minister Jitendra Singh statement on extension of Pension to disabled children of government employee
  • New rule extending Family Pension Scheme to alleviate difficulties to support disabled children.
  • A government servant/pensioner or his/her spouse might nominate a person to receive a family pension payable to a mentally retarded child

Recently, Union Minister Jitendra Singh held a news conference explaining the Family Pension Scheme extended to the disabled child of the government employee. The Union Minister cited occurrences that have come to the Department of Pension and Pensioners' Welfare's attention, like certain banks refusing to grant a Family Pension to a mentally challenged child through a person nominated by the pensioner or his/her spouse, and instead requiring a Guardianship Certificate issued by a Court of Law. He went on to say that the option for nomination for Family Pension is intended to alleviate any difficulties faced by a child with a mental handicap in getting a Guardianship Certificate from the Court or claiming Family Pension after his or her parents' deaths. "Insisting on a Bank's Guardianship Certificate in such situations defeats the whole purpose of such nomination and also amounts to a violation of the Central Civil Service (Pension) Rules, 2021," the minister added. As a result, the Department has repeated the terms of the foregoing rules.

All Pension Disbursing Banks' CMDs have been advised to issue appropriate instructions to their CPPCs/Pension Paying Branches for payment of Family Pension in respect of a mentally retarded child through the person nominated by the Government servant/Pensioner/Family Pensioner in accordance with the statutory provisions of the Rules, rather than insisting on a Guardianship Certificate issued by a Court of Law in such cases.

New rule extending Family Pension Scheme to alleviate difficulties to support disabled children. 

1.The family pension is given to the disabled child if after 25 years of age; the child isn’t able to earn a living for himself.

2. Disabled child’s name is added to the PPO issued to the retiring government servant if there is no other eligible claimant of the pension given to him.

3. Disability (Physical or mental) non-intimation before death of the employee doesn’t bars the person from getting pension but the rule bend to provide pension if the child has retarded after the death of the government employee (with condition of certificate from Appointing Authority)

4. If the retarded person is minor then the pension is given to the guardian of the family.

5. Even after the disabled/retarded person marries, the pension shall continue.

6. For this, Guardianship Certificate issued by Local Level Committee constituted under National Trust Act, 19999 can be accepted.

7. The Guardian’s duty extends to furnish certificate to the bank in case related to continuance of suffering of the child from mental disorder (every 5 years) steps taken by the government in recent times: "Clause (vii) of Rule 54(9)(h) of the CCS (Pension) Rules, 2021 is intended to alleviate any difficulties faced by a child with a mental disability in getting a guardianship certificate from the court and collecting a family pension following the death of his or her parents.

A Government servant/pensioner or his/her spouse might nominate a person to receive a family pension payable to a mentally retarded child in certain circumstances. "A guardianship certificate issued by a court of law is not required in circumstances when such nomination is presented by a Government servant/pensioner/family pensioner," stated the circular. "As per Rule 54(6) of the CCS (Pension) Rules, 1972, a child/sibling of a deceased government servant or pensioner, suffering from a mental or physical disability, is eligible for a family pension for life if he or she is suffering from a disability that renders him unable to earn his livelihood," according to a PIB release dated February 8, 2021. Currently, a family member, including a disabled kid or sibling, is considered to be working if his or her income comes from sources other than his or her job.

It's worth noting that the Department of Pensions has implemented a number of ground-breaking reforms in recent years, including a relaxation of the Family Pension provision for divorced daughters, the introduction of Face Recognition Technology through a mobile app to make submitting Life Certificates by elderly pensioners easier, the Electronic Pension Pay Order, and assistance from the Postal Department to speed up the pension process.

Section Editor: Nandakishore V Menon | 01 Feb 2022 11:58am IST


Tags : #retardedchildren #pension #JitendraSingh #familypensionscheme #governmentemployees #banks #guardianship #unionminister #newrule #law

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