Older Persons Act, 2006
R 385
Military Pensions Act, 1976 (Act No. 84 of 1976)12. Cessation date of pensions |
(1) A pension shall be payable—
[Words preceding section 12(1)(a) substituted by section 10(a) of Act No. 97 of 1980 (Notice No. 1525, GG 7150, dated 1 August 1980)]
| (a) | in the case of the death of a member receiving a pension, up to and 'including the last day of the month in which such member dies; |
[Section 12(1)(a) substituted by section 10(b) of Act No. 97 of 1980 (Notice No. 1525, GG 7150, dated 1 August 1980)]
| (b) | in the case of a spouse of a member, up to and including the last day of the month in which he or she dies; |
[Section 12(1)(b) substituted by section 8 of Act No. 18 of 2019 (Notice No. 799, GG 42482, dated 23 May 2019)]
| (c) | [Section 12(1)(c) deleted by section 10(c) of Act No. 97 of 1980 (Notice No. 1525, GG 7150, dated 1 August 1980)]; |
| (d) | in the case of a child of a member, up to and including the last day of the month in which the provisions of paragraphs (a) and (d) of the definition of "child" no longer apply to him; |
[Section 12(1)(d) substituted by section 6 of Act No. 26 of 1977 (Notice No. 444, GG 5463, dated 23 March 1977)]
| (e) | in the case of a parent of a deceased member, up to and including the last day of the month in which he dies or in which his financial circumstances change to such an extent that he, in the discretion of the Director-General, would no longer have been dependent on the deceased member if the said member was then still alive; |
| (f) | [Section 12(1)(f) deleted by section 10(c) of Act No. 97 of 1980 (Notice No. 1525, GG 7150, dated 1 August 1980)]; |
| (g) | in the case where the degree of the pensionable disability of a member is reduced to less than twenty per cent in terms of the provisions of this Act, up to and including the last day of the month in which the Director-General notifies the person to whom the pension is payable in writing of the discontinuance of the pension. |
| (2) | If any person in terms of this Act received any sum of money to which he was not entitled, he or, if he dies, his estate, shall be liable to repay that sum to the Director-General unless the Director-General is satisfied that he received it without knowing that he was not entitled thereto. |
| (3) | The Treasury or any person authorised thereto by the Treasury may at its or his discretion write off the whole or any portion of any sum repayable in terms of this section, if the Treasury or such person is satisfied that it would be uneconomical to recover such sum or that recovery thereof would cause undue hardship. |
(4)
| (a) | If any person who is in receipt of a pension and has no dependants is admitted for an indefinite period to an institution controlled by the State and makes no contribution towards his sojourn or care in such institution, the Director-General may in his discretion, reduce or discontinue the pension being paid to such person. |
[Section 12(4)(a) substituted by section 10(d) of Act No. 97 of 1980 (Notice No. 1525, GG 7150, dated 1 August 1980)];
| (b) | Any pension reduced or discontinued under paragraph (a) shall, if the person concerned is discharged from such institution aforesaid, be restored with effect from the first day of the month in which he has been so discharged. |
[Section 12 substituted by section 18 of Act No. 96 of 1983 (Notice No. 1523, GG 8809, dated 13 July 1983)]
