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Military Pensions Act, 1976 (Act No. 84 of 1976)

9. Temporary pensions to dependants of missing members

 

(1) If a member who performs military service is reported to be missing or to be presumably dead, the Director-General may, with effect from a date not earlier than the date of that report, award to any person who would be entitled to a pension if the member had, on the date of such report during the performance of military service, died, a pension as if the member had died on the said date during the performance of military service.

[Section 9(1) substituted by section 18 of Act No. 96 of 1983 (Notice No. 1523, GG 8809, dated 13 July 1983)]

 

(2) Notwithstanding the provisions of subsection (1), no pension shall be awarded in terms of that subsection—
(a) in respect of any period during which the person who is claiming the pension, received compensation in terms of the provisions of the Defence Act by virtue of the military service of the member;
(b) for a period longer than twelve months, unless the Minister otherwise directs.