Procedure for dealing Special Family Pension in Post Discharge death case

OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS
(PENSION),
DRAUPADI GHAT,
ALLAHABAD – 211014

Circular No. 440
 Dated: 26.08.2010

To

The OI/C,
Records PAO (ORs)

----------------------------

Subject - Procedure for dealing Special Family Pension 

in Post Discharge death case.

Reference: This office circular No. 357 dated 17.08.2006, 356 dt. 21.7.2006, 363 dt. 19.02.07, 370 dt. 05.7.07 & 371 dt. 30.7.2007.

-----*-----*-----

  

• Of late it has been observed that various Records Offices initiate  a Special Family Pension claim based on this office circular No. 333, dt. 27.1.2005, which is not a practice as this circular is applicable for guidelines in consideration of 1st/2nd appeal by competent Appellate Authority. It is therefore, impressed upon all concerned that this practice is stopped and the following procedure is followed for audit of

SFP claim in death after discharge/Retirement/Release/Invalidment cases: -

•  In the cases where an individual is in receipt of disability pension dies within a period of 07 years from the date of discharge/release/retirement due to cause other than accident/injury, may be considered to have died of the disease (i.e. aggravation of accepted ID) for which he was granted disability pension if it can be so established by the competent Medical Authority and adjudicated by the O I/C Records.
  
• The O I/C Records will examine all the documents mentioned below in the light of the Entitlement Rules as amended from time to time and record their decision with regard to Attributability / Aggravation of the injury / disease to Military Service.
  
• In case the death is held as attributable to / aggravated by military service the sanction to that effect shall be issued on Annexure IV and the claim for Special family Pension shall be forwarded to G-4 Section of office of PCDA(P) along with the sanction (annexure IV) and all the documents mentioned below. 

Documents required for Adjudication-

(i) A death certificate as per Annexure I to Min of Def. letter No. 75106/AG/PS 4(B)/83/Pen-C dt. 7.1.1971 signed by a qualified medical practitioner, who may have treated the deceased prior to his death, showing the date of death, signs, symptoms and duration of the disease or failing that

(ii) Death certificate issued by competent authority or an extract from the village or municipal death register
showing the date and cause of death, or failing both (i) & (ii).

(iii) Statement of the claimant (Appendix-VII) and two reliable and disinterested with are (not related to the claimant ) as to the date of death and date of onset of the fatal disease, nature and symptoms of the disease, and the duration thereof and medical treatment, if any received by the deceased after his discharge from service.

(iv) Post Mortem Report/Police Investigation Report, where applicable.

(v) In case of past history of illness during service, previous medical documents, including IMB/RMB proceedings and decision of adjudicating authority with regard to attributability/ aggravation to/by Military Service for the purpose of disability award.

(vi) Sheet Roll/Record of Service

(vii) Two LPC Cum Data Sheet, one for cancellation of ordinary family pension where the same is jointly endorsed and second one for notification of Special Family Pension and intimate to G-4 section with photo copy of cancelled ordinary family pension corrigendum PPO, for linking after
notification special family pension.

(viii) Advice of DGAFMS or such medical authority as preserved by him on the casual connection between the disease/disability for which the individual has been granted disability pension and cause of death of the individuals (prefer Para 13(ii) of Entitlement Rules for Casualty Pensionary Award to Armed Forces Personnel – 2008). In case the death is not held as attributable to military service the NOK will be informed by the O I/C Records about the non-entitlement giving reasons and quoting the rule portion with advice to prefer appeal to the Appellate Committee on 1st Appeal within six months of the receipt of communication to that effect of he/she is aggrieved by the decision.

Please acknowledge receipt.

(R. K. SAROJ)
Dy. C.D.A. (P)
No. Gts/Tech/0113-LVIII,
Dated: 26.08.2010

Click here to download the complete order