War Pensions Act
- Commenced on 17 October 1958
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short titleThis Act may be cited as the War Pensions Act [Chapter 11:14].
Part II – Administration
3. Establishment and constitution of Military Pensions Board
4. Procedure of BoardThe Board shall make rules to regulate its procedure, which shall be as simple and informal as possible, and in any case not covered by the rules of procedure, the Board shall act in such manner and on such principles as it considers best fitted to do substantial justice and to effect and carry out the objects and provisions of this Act.
5. Powers of Board
6. Special medical boards
7. Appeal to Administrative Court
8. Effect of decision of Administrative CourtIf the Administrative Court varies a decision of the Board, the decision of the Administrative Court shall be deemed to be a decision of the Board and shall be final and without appeal.
9. Commutation of pensions
Part III – Disablement pensions and other benefits
10. Disablement pensions
11. Date of accrual of disablement pensionWhen a disablement pension is awarded under this Act, such pension shall be paid—
12. Degree of disablement
13. Additional pensions
14. Entitlement to medical treatmentA member shall be provided, without charge to himself, with medical treatment for his disability by a Government medical officer and in a Government hospital or institution:Provided that the Board may in special cases authorize the payment from public funds of any fees or expenses incurred in connection with the treatment of the disability by any other medical practitioner and at any other hospital or institution.
15. Medical examination
16. Medical treatment
17. Travelling expenses and subsistence allowances
18. Temporary allowance
19. Cost of maintaining member may be deducted from pensionWhere a member is undergoing treatment in a hospital or institution in terms of section fourteen without cost to himself and is maintained in such hospital or institution for three months or more in any one year, any pension, additional pension or temporary allowance payable to him under this Act shall be subject to such deductions in respect of the cost of maintaining him in such hospital or institution as the Board may determine.
20. Family allowance
21. Allowance in respect of nursing attendanceWhere the degree of disablement of a member is one hundred per centum and the Board is satisfied that his disability necessitates the constant and continuous attendance of a nurse or other attendant, it may award such member, in addition to any other benefits to which he may be entitled under this Act, an allowance not exceeding the reasonable expenditure actually incurred in respect of such nurse or attendant.
22. Allowance for clothing
23. Reduction of pensions and allowances on account of awards by other statesWhere any person, who under paragraph (b) of section 34 of the Pensions (Defence Forces) Regulations was recognized as a member for the purposes of those regulations, is awarded any pension or pension and allowance under this Act and receives any pension or allowance or pension and allowance in respect of the same disability from any state other than Zimbabwe, the annual rate of the pension or pension and allowance awarded under this Act shall be reduced by the annual rate of the pension or allowance or pension and allowance which he from time to time receives from such other state.
Part IV – Benefits payable to widows, children and dependants
24. Widows’ pensions
25. Pension for separated or divorced wife entitled to maintenance
26. Certain pensions to cease on remarriage
27. Pension in respect of child of deceased member
28. Pension for orphan child
29. Effect of adoption of child on certain personsA pension awarded under section twenty-seven or twenty-eight shall not cease upon the adoption of the child in respect of whom it was awarded, but a pension awarded under section twenty-eight shall, upon such adoption, be reduced and paid at the rate which would have been applicable to him had the pension been awarded under section twenty-seven.
30. Pension for parents
31. Pension for dependants
32. Reduction of pensions on account of pensions paid by other statesWhere any widow, child or dependant of any person, who under paragraph (b) of section 34 of the Pensions (Defence Forces) Regulations was recognized as a member for the purposes of those regulations, is awarded a pension under the provisions of this Act and receives from any state other than Zimbabwe any pension awarded on the same grounds, the annual rate of the pension awarded under this Act shall be reduced by the annual rate of the pension which she or he from time to time receives from such other state.
Part V – Confirmation of pensions paid to certain members of permanent force
33. Confirmation of certain pensions
Part VI – Application of provisions of Act to certain pensioners
34. Certain pensioners deemed to be members
35. Certain persons deemed to be widows of deceased members
36. Increase in certain pensionsThe annual rate of pension awarded in terms of subsection (4) of section thirty-four or subsection (2) of section thirty-five shall, with effect from the 1st January, 1960, be increased by an amount equal to five per centum thereof, calculated to the nearest integral multiple of two dollars.
37. Certain persons deemed to be dependants of deceased membersEvery person whose name is mentioned in Part VII of the Sixth Schedule shall, with effect from the 1st July, 1957, be deemed to be the dependant of a deceased member, and the annual rate of the pension awarded to her under this Act shall not be less than the annual rate of the pension which was being paid to her immediately before that date by the State.
Part VII – General
38. Provision in regard to claims dealt with under certain repealed laws
39. Suspension or cancellation of awardThe President may suspend or cancel, in whole or in part, any award made under this Act or deemed to have been made thereunder if he considers that the person to whom it was made is an unworthy person.
40. Awards not to be pledged or cededSubject to the Maintenance Act [Chapter 5:09] and to Part VI of the Children’s Act [Chapter 5:06], no pension or other benefit awarded under this Act or any of the repealed laws shall be capable of being assigned or transferred or otherwise ceded or of being pledged or hypothecated, nor shall the same be liable to be attached or subjected to any form of execution under a judgment or order of a court.[section amended by section 34 of Act 6 of 2005]
41. Benefits to be charged upon Consolidated Revenue FundAny pension or other benefit payable under this Act shall be charged upon and paid out of the Consolidated Revenue Fund.
Part VIII – Increase of pensions
42. Increase of pensions
History of this document
17 October 1958