1.   These Regulations may be cited as the Defence (Retired Pay, Pensions and Other Grants) Regulations, 1962.

PART 1—General

2.        (1)   In these Regulations, unless the context otherwise requires –

"public claim" means any public debt or disallowance, including any over-issue or advance of pay, retired pay, pension or other emoluments made through an error as to the facts; or the sum required to make good any loss, deficiency or irregular expenditure of public money, any deficiency, loss, damage or destruction of public stores, buildings or other public property of which, after due investigation no explanation satisfactory to the Defence Board is given by the person who is responsible for th same;

"service claim" means any service debt or the sum required to make good any loss, deficiency or irregular expenditure of service money of which after due investigation no explanation satisfactory to the Defence Board is given by the person who is responsible for the same;

substantive rank" shall exclude brevet, honorary, acting, temporary, or local rank.

(2) References in these Regulations to officers and soldiers shall be construed as being references to officers and soldiers of the regular Force of .the Jamaica Defence Force.

3.   No person shall have an absolute right to compensation or to retired pay, pension or other grant under these Regulations.

4.   Where the computation of the retired pay, pension or other grant which may be awarded under these Regulations includes a period of reckonable service otherwise than in the regular Force, the North Caribbean Regiment or the Caribbean Regiment, no payment shall be made from the public funds of Jamaica in respect of such other service unless either –

a.   arrangements have been made to the satisfaction of the Defence Board for the reimbursement of the public funds of Jamaica by or on behalf of the Government or other authority for whose benefit such service was given; or

b.   the Defence Board is satisfied that such service does not qualify for the payment of retiring benefits by the Government or other authority for whose benefit it was given.

5.   Except where otherwise provided, no person shall be entitled to claim any retired pay, pension, or other advantage conferred by any provision of these Regulations in the event of such provision being at any time added to, varied or cancelled.

6.   Any retired pay, pension or other grant awarded under these Regulations to any person shall be liable to deductions on the order of the Defence Board to meet any public or service claim.

7.   The payment of retired pay, pension or other grant awarded under these Regulations may be made provisionally or upon any other basis and for such period as the Defence Board may think fit and, either generally or in any particular case or class of case, any retired pay, pension, gratuity or other grant awarded in terms of a monthly amount may be paid quarterly or monthly in arrears.

8.      (1) The Defence Board may withhold or reduce any retired pay, pension or grant awarded under these Regulations –

(a)    if it is satisfied that it was obtained by the willful suppression of material facts or granted in ignorance of facts which, had they been known at the time of the grant, would have justified the reduction or withholding thereof; or

(b)    if the person to, or in respect of whom such retired pay, pension or grant is awarded is sentenced to death or to any term of imprisonment by any court of competent jurisdiction whether in Jamaica or elsewhere, for any crime or offence, or is in the opinion of the Defence Board unworthy of a grant from public funds.

(2)   Where any retired pay, pension or other grant has been withheld or reduced under the provisions of these Regulations, the Defence Beard may, at any time, if in any case it considers it equitable so to do grant or restore the whole retired pay, pension, or grant or a portion thereof.

9.       (1)   No retired pay, pension or other grant shall be awarded to a person who, having been adjudicated a bankrupt or declared insolvent by a judgment of a court of competent jurisdiction, whether in Jamaica or elsewhere, has not obtained his discharge from such adjudication or declaration.

(2) If any person to whom retired pay, pension, gratuity or other grant has been awarded under these Regulations is adjudicated a bankrupt or is declared insolvent by a judgment of a court of competent jurisdiction, whether in Jamaica or elsewhere, then such retired pay, pension or other grant shall forthwith cease.

(3) Notwithstanding the provisions of paragraph (2), it shall be lawful for the Defence Board from time to time, during the remainder of the life of such person as aforesaid or during such shorter period or periods, either continuous or discontinuous, as the Defence Board, shall think fit, to cause all or any part of the moneys to which such person would have been entitled by way of retired pay, pension or other grant, had he not become a bankrupt or insolvent, to be paid to, or applied for the maintenance and personal support of, all or any, to the exclusion of the other or others of the following persons, namely, such person as aforesaid and any wife, child or children of his, in such proportions and manner as the Defence Board thinks proper, and such moneys shall be paid or applied accordingly; moneys applied for the discharge of the debts of the person as aforesaid shall, for the purpose of this paragraph, be regarded as applied for his benefit.

(4) When a person to whom any retired pay, pension or other grant has not been awarded or whose retired pay, pension or other grant has ceased under the provision of this regulation, obtains a discharge from his bankruptcy or insolvency as the case may be, retired pay, pension or other grant may be awarded or restored to him as the case may be with effect from the date of such discharge.

10.    From and after the 1st day of July, 1974, where a person to whom any payment could have been made under these Regulations before his death dies before the payment is made, and the amount unpaid does not exceed twelve hundred dollars, the amount so unpaid may be paid to the personal representative of the deceased person without probate or other proof of title or may be paid or distributed to or among the persons appearing to the Defence Board to be the persons beneficially entitled to the person estate of the deceased person, to or among any one or more persons, and, in determining the persons to whom and the proportions in which the amount so unpaid shall be paid or distributed, the Defence Board may have regard to any payment made or expenses incurred by any such person for or on account of the funeral of the deceased person.