After your uncle's father's lifetime, only his wife (if alive at that time) was eligible for family pension, and after her lifetime, the pension benefit stops. However sympathetic your uncle's case may be, he is not entitled to any family pension from his father's retirement benefits.
Family pension for mentally disabled child
My uncle is mentally disabled. He has schizophrenia. He never worked. He was taken care of by his father. His father was a gazetted central government officer. My uncle is 55 years old. Now, I have a few questions: 1. Is my uncle eligible to receive a family pension? He has no sources of income. 2. His schizophrenia was diagnosed in 1990. He has a disability certificate issued by the medical board in 1990. Can we use the same certificate to apply for the PPO after his father's death? It is almost impossible to take him to a medical officer for a new disability certificate to be issued. He turns violent. We fear what he will do if we forcefully try to take him to the medical board. Even in 1990, he had to be chained and several men were needed to control him. We don't want to go through that again. 3. Do we need this disability certificate every year? Or is the one-time (older one) enough?
Asked 2 months ago in Labour
14 Answers
A child/sibling of a deceased Government servant or pensioner, suffering from a mental or physical disability, is eligible for family pension for life.
2) your uncle is entitled to family pension
3) In cases where a nomination made by a government employee/pensioner/family pensioner has been incorporated in the Pension Payment Order issued to a child suffering from a mental disability, the Pension Disbursing Banks will have to disburse the family pension in respect to such child through the person so nominated. “
3) in case no such nomination has been furnished to the Head of Office by such Government servant or pensioner during his lifetime, to the person nominated by the spouse of such Government servant or family pensioner, as the case may be, later on
Yes
diagnosed in 1990 ? than how he is disable at present.
Use certificate if denied, file writ in High Court, than court may order for medical examination of his at home or under care of board.
One time enough if it certifies rare chances of recovery.
One more thing (even though I am not sure): my uncle's name was added to the PPO back in 2002. The only thing we are worried about is do we need another disability certificate for my uncle at the time of his father's death. The disability certificate was issued by a competent medical board back in 1990. The certificate mentions that my uncle has schizophrenia. Do we have to approach a court?
Asked 2 months ago
You can rely upon disability certificate issued in 1990
If his father is alive than he must add him as dependent on him and submit the certificate in the department. If refused than need to approach court.
It is not clear what you mean by adding your uncle's name to his father's PPO in 2002. If addition of your uncle's name in the PPO was for receiving family pension, he is definitely entitled to it till his lifetime. Your uncle's illhealth cannot deny him of pension benefits. Please state all the relevant facts correctly to enable me to render correct advice.
Please note that if the disability certificate shows irreversible percentage of disability, you don't need another examination. Good thing is, your uncle is undoubtedly eligible for the family pension.
Dear Client,
In the Present Scenario, your uncle is mentally disabled and has schizophrenia. He has never worked and was taken care by his father, who was a gazetted central government officer. Your uncle is presently 55 years old. Herein, with respect to your first query, your uncle may be eligible for a family pension under the Central Civil Services Rules, 1972, wherein the pension may be given to the dependents of the deceased, including a mentally disabled child, and when there is no source of income. With respect to your second query, the disability certificate issued in 1990 may be used to apply for pension. However, proper documentation for the same is necessary. With respect to your third query, usually, a one-time disability certificate would be deemed sufficient, unless there is a specific provision stating the same.
Hope you find this answer beneficial for resolving the dispute.
1. Yes, A child of a deceased Government servant or pensioner, suffering from a mental or physical disability, is eligible for family pension for life.
2. Yes, as the said certificate is issued by the medical board then this document can be accepted for the pension of his deceased father , and it cannot be denied that it was issued in 1990.
3. There may be requirement for latest status of his mental disability , which can be granted by a government hospital after submitting the said old certificate.
If the child of a Govt. servant is suffering from any disability of mind or is physically disabled so as to render him or her unable to earn a living even after attaining the age of 25 years, the family pension shall be payable to such son or daughter for life.
A disabled child may be eligible for family pension provided he/she fulfils all eligibility conditions at the time of death/ineligibility of her parents and on the date her turn to receive family pension comes.
Non-intimation of physical/mental handicap does
not make a child ineligible for family pension. A
disability certificate issued after the death of the
employee/pensioner or his/her spouse for a disability
which existed before their death may be accepted.
OM No. 1/18/2001-P&PW Dated 25-26/1/2016
You may have to ascertain that the schizophrenia is coming under disability clause for claiming family pension.
Since the certificate procured is more than three decades old, perhaps you may have to obtain a fresh one now.
With the available medical certificates, apply to the office cum department which is issuing pension. Thereafter, approach the High court to get someone appointed as the guardian of your uncle and direction to issue pension to the guardian. Better consult a lawyer.
G.Rajaganapathy
Advocate,
High Court of Madras.
Yes you need to approach the court under mental health act
