Section 12
Eligibility conditions for benefit [S 29/2021]
(1)
No pension or allowance shall be granted or payable in pursuance of this Act unless —
(a)
the person to whom such pension or allowance is granted —
(i)
is a citizen of Brunei Darussalam;
(ii)
is a person who was born in Brunei Darussalam and has no national status; or
(iii)
is a permanent resident and has no national status; and
(b)
he maintains a physical presence in Brunei Darussalam for 183 days or more within a specified period.
(2)
No old age pension shall be granted or payable to any permanent resident who was born outside Brunei Darussalam and has no national status unless he has residence within Brunei Darussalam for a period of at least 20
years immediately preceding the date on which he became eligible for such pension.
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(3)
For the purposes of this section, physical presence in or residence within Brunei Darussalam shall include any period —
(a)
of absence spent in service on board a vessel registered in
Brunei Darussalam by a person who before his absence on that service was living in Brunei Darussalam;
(b)
spent abroad in any service under the Government, or as the wife or servant of a person in any such service;
(c)
spent abroad by any person during which that person has maintained or assisted in maintaining any dependant in Brunei
Darussalam;
(d)
spent abroad by any person for reasons of health;
(e)
spent abroad by any person for the purpose of education.
(4)
The Minister of Home Affairs shall, with the approval of His
Majesty the Sultan and Yang Di-Pertuan, appoint such person or body of persons as he thinks fit to be the Competent Authority responsible for the certification that a person claiming the benefit has no national status and has physical presence in or residence within Brunei Darussalam for the purposes of subsections (1) and (2) and notice of such appointment shall be published in the Gazette.
(5)
Any person aggrieved by any decision of the Competent Authority pursuant to the exercise of the function of the Competent Authority under subsection (4) may appeal to the Minister of Home Affairs within 21 days of being notified of such decision, and the decision of the Minister of Home
Affairs shall be final.
(6)
In this section —
“dependant” means any person who satisfies the Pensions Officer that —
(a)
he is a member of the family of any person fulfilling the statutory conditions; and
(b)
his requirements are normally mainly provided for by the person fulfilling such statutory conditions;
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“specified period” means a period of 12 months commencing from any one of the following —
(a)
from 1st January of the year in which a claim is made;
(b)
from 1st January of the year immediately preceding the year in which a claim is made.”.
Determination of claims 13.
Every claim for any pension or allowance to be granted in pursuance of this Act, and every question whether —
(a)
in the case of any person claiming such pension or allowance, the statutory conditions are fulfilled;
(b)
in the case of a person in receipt of such pension or allowance, such conditions continue to be fulfilled; or
(c)
any person is disqualified for receiving such pension or allowance, shall be decided by the Pensions Officer.
Appeal from Pensions Officer and others to Controller 14.
Any person who is dissatisfied with the exercise of any discretion conferred on any officer other than the Controller by this Act may appeal against such exercise to the Controller, who may make such order in respect thereof as he may consider just.
Appeal from Controller to Minister 15.
(1)
Any person who is dissatisfied with any decision confirmed by, or any order, action or decision of the Controller either as to the carrying out of or the meaning of any of the provisions of this Act or by any order under section 14 may appeal against such order, action or decision to the Minister by sending by registered post a petition, concisely stating the grounds of appeal within 21 days of being notified of such order, action or decision.
(2)
Repealed.
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(3)
The Minister may dismiss any appeal, or may affirm, modify, amend or reverse, either wholly or in part, the Controller’s order, action or decision appealed against.
(b)
Where an order, action or decision is modified, amended or reversed by the Minister, the Controller shall give effect to such order, action or decision as thus modified, amended or reversed.
(c)
The decision of the Minister upon any appeal shall be final and shall not be questioned in any court.
Powers of Pensions Officers 16.
(1)
All Pensions Officers are deemed to be public servants for the purposes of the Penal Code (Chapter 22) and shall for the purposes of
Chapter X of the Penal Code (Chapter 22) be legally competent to require that any person applying for or in receipt of any pension or allowance to be granted or granted in pursuance of this Act, either for himself or any other person shall —
(a)
attend in person or by an agent at a certain time and place in obedience to a notice from such Officer;
(b)
produce or deliver up to such Officer any document relating to the statutory conditions to be fulfilled by himself or such other person;
(c)
be bound to give such notice or furnish such information as such Officer may require in relation to such pension or allowance;
(d)
sign any statement made by him in relation to such pension or allowance.
(2)
Every Pensions Officer shall be legally competent to require that any person applying for, or in receipt of any pension or allowance to be granted or granted in pursuance of this Act, shall without expense to such person submit to medical examination by a medical practitioner; and if such person fails to submit himself for such examination, no pension or allowance shall be payable to or in respect of such person unless the Controller is satisfied that there was reasonable cause for the failure:
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Provided nevertheless that such person shall be entitled at his own expense to have his own medical practitioner present at the examination.
(3)
For the purposes of this Act, all Pensions Officers shall be authorised to take and receive in Brunei Darussalam the declaration of any person making such declaration in the form in the Schedule to the Statutory
Declarations Act (Chapter 12).
Penalty for false statements etc.