Social Insurance Law
PART 1: THE CONSOLIDATED ACT ON SOCIAL INSURANCE
PENSIONS OF THE HEIRS AND CONDITIONS FOR THEIR ELIGIBILITY
The right to the pension shall pass, upon the death of the insured or of the pensioner, as prescribed hereunder :-
1- the widow or widows shall be entitled to three eights of the pension apportioned equally between them until they remarry sons and unmarried daughters shall be entitled to four eights of the pension apportioned equally between them;
2- the father and mother and brothers and sisters shall be entitled to one eight apportioned equally between them.
If the insured or pensioner dies leaving a pregnant widow or widows the pension shall be re-apportioned after the birth in accordance with the provision of this Law.
If the wife pre-deceased the insured or the pensioner, her share shall pass to her eligible sons and daughters apportioned equally among them; and if none exists them her share shall pass to the living widows of the insured or pensioner at the time of his death apportioned equally between them; and if no one of them exists then it shall revert to the appropriate social insurance fund.
If the widow remarries or dies after the death of the insured or the pensioner, her share shall pass to the sons and daughters eligible for a pension apportioned equally between them; and if none of them exists then it shall revert to the appropriate social insurance fund.
The son's pension shall cease upon his attaining the age of 22 years or upon his earning a sum equal to the pension, otherwise the difference shall be paid to him, and if he attains such age and is proven disabled from earning by a decision of the Designated Medical Board, the pension shall continue to be paid to him for so long as his disability continues, and this shall be ascertained every two years unless the Medical Board decides the improbability of his being cured. Nevertheless, if the son eligible for a pension is a student at a stage of education not beyond university or higher education, the pension shall be paid to him until he attains the age of 26 years or until his studies are ended whichever date is earlier.
The pension for the daughter ceases on her marriage or by her earning a sum equal to the pension, otherwise the difference shall be paid and the pension shall revert to her if she is subsequently divorced or widowed. Where the daughter was married on the death of her father and no pension was paid to her because of this marriage, then she shall receive her share in accordance with the provisions of this Law, if she is subsequently divorced or widowed, from the date of such divorce or the date of death of her husband
The grandsons and grand daughters whose father is dead or had died after becoming eligible for his pension, shall be entitled to their father's portion under the conditions and within the limits set forth in the two preceding Articles.
The mother shall be entitled to a portion of the pension of her deceased son if she become a widow or divorcee before the death of her son and had not remarried to other than the deceased's father.
The father shall be entitled to a portion of the pension of his deceased son if he was dependent upon him. Such dependence shall be testified by the Ministry of Labour and Social Affairs.
Brothers and sisters shall have a portion of the pension of their deceased brother if they were dependent upon him, under the conditions and within the limits set forth in Articles 78 and 79 hereof. Such dependence of the brothers and sisters upon the pensioner, shall be testified by the Ministry of Labour and Social Affairs.
Where there are no eligible father, mother, brothers and sisters, their portions of the pension shall be divided equally among the sons and daughters.
Where there are no eligible sons or daughters, the widow, or widows in equal portions, shall be entitled to one-half of the pension and the remainder shall be made over to the appropriate social insurance fund, under the conditions and within the limits previously stated.
A widower of an insured wife or a female pensioner, shall be entitled to three-eights of her pension if he is suffering from a total incapacity which prevents him from working or earning. Ascertainment of such case shall be made every two years by the appropriate medical board, unless such board decides that the case is considered incurable.
Subject to the provisions of this Law, the portion of any eligible dependant, upon his death or disqualification, shall be made over to the appropriate social insurance fund.
Not more than one pension under the provisions of this Law shall be paid by the General Organisation. Where a person is qualified for more than one pension, the one of greater value shall be paid.* Notwithstanding the provisions of the preceding paragraph, the sons and daughters may combine the portions payable to them from the pensions of their parents, and a widow may combine her portion payable from the pension of her husband and her own pension as a beneficiary under the provisions of this Law, or her portion payable from the pension of her husband and her own income from employment or occupation. * This provision is repealed by Amiri Decree-Law No. 15/1987 and Ministerial Order No. 5/1988 which allowed the pensioner to combine between retirement pension and the pension due in case of employment accident disability