Old Age Pensions and Disability Allowances Act (Formerly Known as Old Age and Disability Pensions Act) · 2022 Revised Edition
Section 12
Official textFrom Attorney General's Chambers, unchanged
No pension or allowance shall be granted or payable in pursuance of this Act unless —
the person to whom such pension or allowance is granted —
is a citizen of Brunei Darussalam;
is a person who was born in Brunei Darussalam and has no national status; or
is a permanent resident and has no national status; and
he maintains a physical presence in Brunei Darussalam for 183 days or more within a specified period.
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
old age pension
“old age pension” means the old age pension referred to in section 7(a);
years immediately preceding the date on which he became eligible for such pension.
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For the purposes of this section, physical presence in or residence within Brunei Darussalam shall include any period —
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;
spent abroad in any service under the Government, or as the wife or servant of a person in any such service;
spent abroad by any person during which that person has maintained or assisted in maintaining any dependant in Brunei
Darussalam;
spent abroad by any person for reasons of health;
spent abroad by any person for the purpose of education.
The Minister of Home Affairs shall, with the approval of His
Minister
“Minister” means the Minister of Culture, Youth and Sports; Old Age Pensions and Disability Allowances…
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.
Competent Authority
“Competent Authority” means the Competent Authority appointed under section 12(4);
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.
In this section —
“dependant” means any person who satisfies the Pensions Officer that —
Pensions Officer
“Pensions Officer” includes the Controller, and any Pensions Officer appointed under section 3;
he is a member of the family of any person fulfilling the statutory conditions; and
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 —
from 1st January of the year in which a claim is made;
from 1st January of the year immediately preceding the year in which a claim is made.”.
Terms defined in s 2
Competent Authority
Defined · s 2“Competent Authority” means the Competent Authority appointed under section 12(4);
Minister
Defined · s 2“Minister” means the Minister of Culture, Youth and Sports; Old Age Pensions and Disability Allowances…
no national status
Defined · s 2“no national status” means the status in which a person is neither a national or citizen of Brunei Darussalam nor a national or citizen of any other State or country;
old age pension
Defined · s 2“old age pension” means the old age pension referred to in section 7(a);
Pensions Officer
Defined · s 2“Pensions Officer” includes the Controller, and any Pensions Officer appointed under section 3;
statutory conditions
Defined · s 2“statutory conditions” means the conditions under which, by virtue of the provisions of this Act and any regulations made thereunder, any person qualifies for any pension or allowance granted in pursuance of this Act.