Social Insurance Law
PART 3: PRIME MINISTERIAL EDICTS
PRIME MINISTERIAL EDICT NO. 12/1979 DATED 27-5-1979
WITH RESPECT TO FAMILY ALLOWANCES SCHEME
The Acting Prime Minister:
After referring to Amiri Order No. 2/1979 with respect to entrusting the Heir Apparent and Minister for Defence with the functions of the Prime Minister; And Article 1 of the Law of Social Insurance issued as per Amiri Decree Law No. 24/1976; And upon the submission of the Minister for Labour and Social Affairs; And after the approval of the Council of Ministers; HEREBY ORDERS :
The Family Allowance Scheme, which is provided for in Clause 7 of Article 1 of the Law of Social Insurance shall be applied in stages. The first stage shall cover pensioners and their beneficiaries who are benefiting from the above-mentioned Law and in accordance with the rules and provisions stipulated in this Edict.
The Family Allowance Scheme, which is provided for in the foregoing paragraph, is defined as the scheme for payment of additional allowances to the pensioners and their beneficiaries to enable them to maintain the family's standard of living.
The Family allowance shall be paid to the pensioners and their beneficiaries in accordance with the provisions of the Law of Social Insurance of 1976, in such cases when the share of the beneficiary from the pension during the lifetime of the pensioner himself or after his death shall be less than the minimum provided for in paragraph 2 of Article 135 of the afore-mentioned Law, whether the pension shall be payable in accordance with the provisions of the first branch thereof with respect to insurance against old age, disability and death or in accordance with the provisions of the second branch thereof with respect to insurance against employment accidents. Such payment shall be made by increasing the monthly pension to the level of the above mentioned minimum. In all cases, such increase shall be deemed to be a family allowance for each of the beneficiaries.
It is essential for the beneficiaries, in whose favour such allowance is paid, to fulfil always the conditions for entitlement to pensions and payment of the allowance in their favour shall continue as long as they fulfil such conditions whether during the lifetime of the pensioner himself or after his death.
The family allowance shall complement the pension of the pensioner himself or the pension of each of his beneficiaries, as the case may be, so that the pension may reach the minimum prescribed for each beneficiary, even if the total payable pension(s) and family allowances shall be in excess of the original value of the due pension.
In case of one beneficiary or more forfeits, during the lifetime of the pensioner or after his death, one of the conditions relating to eligibility for pension which is provided for in Chapter VI of the Law of Social Insurance of 1976 and the passing of his/her share or their shares to other beneficiaries of the pensioner as the case may be, the family allowance shall be paid so as to complement the beneficiary's pension to reach the minimum provided for in Article 2 of this Edict. If the pension of one or more beneficiaries reached the afore-mentioned minimum or exceeded it without the said allowance, the family allowance shall be wholly or partially suspended in his/her or their regard, as the case may be.
Payment of family allowances shall not be applicable in cases where any widow combines between her pension due form her husband and her own pension in her capacity as a pensioner, or between her pension from husband and her income from her job or occupation, as well as such cases where sons and daughters combine between two pensions which are payable with respect to their parents, unless the total monthly pension to which the beneficiary is entitled with respect to his father and mother, or his total share of the pension of either of them together with the salary of either parents, who is still alive, shall be less than the above-mentioned minimum; in this case, the rules of the family allowance which is provided for in this Edict shall be applicable.
Payment of family allowances which are provided for in Article 2 of this Edict shall be made in favour of beneficiaries to pensioners personally during their lifetime. In case of the death of the pensioner himself, payment of such allowances shall continue to be paid to the widow for herself and in favour of other beneficiaries under her custody, or to the legal guardian or custodian of the minors as the case may be. The said allowances shall be paid to other adult beneficiaries as long as each of them fulfils the conditions relating to the eligibility to the pension.
Bahraini pensioners and beneficiaries thereof who leave the country shall continue to be paid their pensions, in addition to which the family allowances which are mentioned in this Edict shall also be paid, as long as they constitute the cases which are determined by an order from the Minister of Labour and Social Affairs in compliance with Article 137 of the Law of Social Insurance of 1976.
The General Organisation for Social Insurance shall be liable for the financial burdens arising from the implementation of these provisions and rules. Such financial burdens shall be divided between the fund for insurance against old age, disability and death and fund for insurance against employment accidents, each to the extent of the amount relating to it.
The rules and provisions of this Edict shall be applicable to Bahraini pensioners and Bahraini beneficiaries thereof who receive regular pensions from the General Organisation for Social Insurance in accordance with the provisions of the above-mentioned Law. The said provisions shall be applicable with retrospective effect from 1st January 1978 and any due differences shall be payable by the above-mentioned Organisation.
The Minister for Labour and Social Affairs shall implement this Edict which shall come into effect from the date of its publication in the Official Gazette.
Hamad bin Isa Al Khalifa Acting Prime Minister
Dated: 27 May 1979
Published in the Official Gazette No. 1333 dated 31 May 1979.