Armed Forces Tribunal

Family pension and special family pension

Reviewed by Adv. Jyotishwar Bhosale · Updated 10 November 2026

Who can approach the Tribunal

The Act applies to retired personnel, including their dependants, heirs and successors, so far as it relates to their service matters.2

The Procedure Rules define a legal representative to include a person in whom the right to receive pensionary, retirement, terminal, disability or other benefits or family pension vests.3

Service matters include pension and other retirement benefits.4

When special family pension is granted

Regulation 105(a) of the Army Pension Regulations, 2008 (Part I) says special family pension may be granted to the family of service personnel if death occurred in the circumstances mentioned in Categories B and C of Regulation 82. Regulation 105(b) says whether death is attributed to or aggravated by military service is determined under the Entitlement Rules, and it still names the 1982 Rules.1

The 2023 Entitlement Rules describe Special Family Pension as a monthly pension, calculated as a defined percentage of the last reckonable emoluments, awarded to the next of kin of armed forces personnel whose death occurs in circumstances accepted as Category B or C.5

Under the 2008 Rules, the decision on attributability in death cases is taken by Service Headquarters for officers and by the Officer-in-Charge Records for other ranks, and in cases of death from disease on the medical opinion of the DGAFMS or other medical authorities prescribed by that office.6

Death within seven years, and death at 60 or above

Under Rule 8(b) of the 2008 Rules, where a person receiving disability pension dies within seven years of release or retirement, the death may be considered to have been caused by the disease for which disability pension was granted, if the competent medical authority can so establish; if no medical certificate of the cause of death is available, other factors and circumstantial evidence are taken into account.7

Under Rule 9(c) of the 2023 Rules, where a person who was invalided out and was receiving Disability Pension, Liberalised Disability Pension or War Injury Pension dies, and it cannot be definitely established medically that the death was solely due to the pensioned disability, the benefit of doubt goes to the family if death occurs within seven years of invaliding (unless other factors adversely affect the claim), and to the State if death occurs more than seven years after invalidment.8

The 2023 Rules also say, in Rule 9(c)(iii), that where death takes place at the age of 60 or above, it should be held to be due to normal causes and not due to military service.8

These Rules use seven years in two different settings: for a disease that arises within seven years after discharge (2008 Rule 8(a); 2023 Rule 9(a)), and for the death of a disability pensioner (2008 Rule 8(b); 2023 Rule 9(c)). Regulation 86 of the Army Pension Regulations uses a 10-year period for a disease that shows up after retirement. These periods come from different instruments and should not be mixed up.789

Post-retirement events and post-discharge claims

The 2023 Rules say that impairment or death occasioned by an injury after retirement or discharge is not eligible to be considered for any casualty pensionary award.8

They also say a post-discharge claim for Special Family Pension or Liberalized Family Pension can only be processed for an individual who was already receiving Disability Pension, Liberalized Disability Pension or War Injury Pension.10

How long it is paid

For the families of regular officers, Regulation 109 of the Army Pension Regulations, 2008 (Part I) says an eligible son or daughter receives special family pension until age 25 or marriage or remarriage, whichever is earlier. An officer's parents receive dependant pension, not special family pension. Regulation 109 says it is paid for life (to a mother who remarries, up to the date of remarriage), and Regulation 110(iii) says it is payable only where there is no widow or eligible child and the parents were largely dependent on the deceased. For personnel below officer rank, Regulation 119 says an eligible son or daughter receives special family pension until age 25 or marriage, the father for life, and the mother till her widowhood (subject to the Notes to that clause). Under both Regulations, an unmarried daughter above 25, or a widowed, divorced or disabled daughter, may be eligible for life, subject to an income condition and to the order of eligibility set out there. The amounts and conditions may have been revised since 2008.111213

The sources read for this page do not give current rates or ceilings, do not say from what date the 2023 Rules apply to families of those invalided earlier, and do not include case law on special family pension. These points should be checked with an advocate.

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Frequently asked questions

Who can get special family pension?

Regulation 105(a) of the Army Pension Regulations, 2008 (Part I) says it may be granted to the family of service personnel if death occurred in Category B or C circumstances. The 2023 Rules describe it as awarded to the next of kin where death occurs in circumstances accepted as Category B or C.15

My husband died within seven years of being invalided out. Does that help the family claim?

The 2023 Rules say that where a person invalided out and receiving Disability Pension (or Liberalised Disability or War Injury Pension) dies, and it cannot be definitely established that the death was solely due to the pensioned disability, the benefit of doubt goes to the family if death occurs within seven years of invaliding, unless other factors adversely affect the claim. Whether that applies to a particular death depends on the facts and dates, so it is worth checking with an advocate.8

Until what age do children get the pension?

For both officers (Regulation 109) and personnel below officer rank (Regulation 119), an eligible son or daughter receives it until age 25 or marriage, whichever is earlier. An unmarried daughter above 25, or a widowed, divorced or disabled daughter, may be eligible for life, subject to an income condition and the order of eligibility.1113

Can parents receive the pension?

In some cases. An officer's parents receive dependant pension, not special family pension. Regulation 109 says it is paid for life (to a mother who remarries, up to the date of remarriage), and Regulation 110(iii) says it is payable only where there is no widow or eligible child and the parents were largely dependent on the deceased. For personnel below officer rank, special family pension goes to the nominated heir. If there is no nomination, or the nominee is dead or disqualified, it goes to the living eligible heir highest in the list in Regulation 107 (Regulations 117 and 118). Regulation 119 says the father is eligible for life and the mother till her widowhood. Whether a parent qualifies depends on the family and the facts, so check with an advocate.11121413

Can the family of a retired soldier approach the Armed Forces Tribunal?

The Act applies to retired personnel together with their dependants, heirs and successors as far as their service matters are concerned, and service matters include pension and other retirement benefits.24

Is a death after retirement covered by special family pension?

It can be, in limited cases. Regulation 105(a)(ii) contemplates special family pension for a death after retirement or discharge due to aggravation by service. It carries a proviso about personnel who retired or were discharged voluntarily, or at their own request on compassionate grounds, before completing their terms of engagement. The 2023 Rules (Rule 9(c)) deal with the death of an invalided disability pensioner. The 2023 Rules also say that impairment or death caused by an injury after retirement or discharge is not eligible for any casualty pensionary award, and that a post-discharge claim for Special Family Pension can only be processed for someone already receiving Disability, Liberalised Disability or War Injury Pension. This depends heavily on facts and dates; check with an advocate.1810

Related

Sources

  1. Pension Regulations for the Army 2008 Pt I, Regulation 105(a)(i), 105(a)(ii) and 105(b) — Pension Regulations for the Army, 2008, Part I, Regulation 105(a)(i), 105(a)(ii) and 105(b); Regulation 105(a)(i), 105(a)(ii) and 105(b), PDF page 66. Read the source
  2. AFT Act 2007, section 2(1) and 2(2) — Armed Forces Tribunal Act, 2007 (Act 55 of 2007), section 2(1) and 2(2); section 2(1) and 2(2) (text as reproduced on Indian Kanoon). Read the source
  3. AFT (Procedure) Rules 2008, Rule 2(1)(iii), 2(1)(iv) and 2(1)(x) — Armed Forces Tribunal (Procedure) Rules, 2008 (S.R.O. 26(E), 17 September 2008), Rule 2(1)(iii), 2(1)(iv) and 2(1)(x); Rule 2(1)(iii), 2(1)(iv) and 2(1)(x) (text as reproduced on Indian Kanoon). Read the source
  4. AFT Act 2007, section 3(o)(i) — Armed Forces Tribunal Act, 2007 (Act 55 of 2007), section 3(o)(i); section 3(o)(i) (text as reproduced on Indian Kanoon). Read the source
  5. Entitlement Rules 2023, Rule 4(i), 4(m), 4(n), 4(p) and 4(s) — Entitlement Rules for Casualty Pension and Disability Compensation Awards to Armed Forces Personnel, 2023 (MoD letter dated 21 September 2023), Rule 4(i), 4(m), 4(n), 4(p) and 4(s); Rule 4(i), 4(m), 4(n), 4(p) and 4(s), PDF pages 4 to 5. Read the source
  6. Entitlement Rules 2008, Rule 13(i) and 13(ii) — Entitlement Rules for Casualty Pensionary Awards to Armed Forces Personnel, 2008 (MoD letter dated 18 January 2010, with Appendix), Rule 13(i) and 13(ii); Rule 13(i) and 13(ii), PDF page 7. Read the source
  7. Entitlement Rules 2008, Rule 8(a) and 8(b) — Entitlement Rules for Casualty Pensionary Awards to Armed Forces Personnel, 2008 (MoD letter dated 18 January 2010, with Appendix), Rule 8(a) and 8(b); Rule 8(a) and 8(b), PDF page 3. Read the source
  8. Entitlement Rules 2023, Rule 9(a), 9(c)(i) to (iii) and Rule 9 Notes (1), (2) and (4) — Entitlement Rules for Casualty Pension and Disability Compensation Awards to Armed Forces Personnel, 2023 (MoD letter dated 21 September 2023), Rule 9(a), 9(c)(i) to (iii) and Rule 9 Notes (1), (2) and (4); Rule 9(a), 9(c)(i) to (iii) and Rule 9 Notes (1), (2) and (4), PDF pages 8 to 9. Read the source
  9. Pension Regulations for the Army 2008 Pt I, Regulation 86 — Pension Regulations for the Army, 2008, Part I, Regulation 86; Regulation 86, PDF page 57. Read the source
  10. Entitlement Rules 2023, Rule 18(a), 18(c) and 18(d)(ii) and (iv) — Entitlement Rules for Casualty Pension and Disability Compensation Awards to Armed Forces Personnel, 2023 (MoD letter dated 21 September 2023), Rule 18(a), 18(c) and 18(d)(ii) and (iv); Rule 18(a), 18(c) and 18(d)(ii) and (iv), PDF pages 14 and 16. Read the source
  11. Pension Regulations for the Army 2008 Pt I, Regulation 109(ii)(a), 109(ii)(b) and 109(iii) (Sub-section II: Regular Officer) — Pension Regulations for the Army, 2008, Part I, Regulation 109(ii)(a), 109(ii)(b) and 109(iii) (Sub-section II: Regular Officer); Regulation 109(ii)(a), 109(ii)(b) and 109(iii) (Sub-section II: Regular Officer), PDF page 69. Read the source
  12. Pension Regulations for the Army 2008 Pt I, Regulation 110(iii) and 115(a) (Sub-section II: Regular Officer) — Pension Regulations for the Army, 2008, Part I, Regulation 110(iii) and 115(a) (Sub-section II: Regular Officer); Regulation 110(iii) and 115(a) (Sub-section II: Regular Officer), PDF page 70. Read the source
  13. Pension Regulations for the Army 2008 Pt I, Regulation 119(ii) to (iv) (Sub-section III: Personnel Below Officer Rank) — Pension Regulations for the Army, 2008, Part I, Regulation 119(ii) to (iv) (Sub-section III: Personnel Below Officer Rank); Regulation 119(ii) to (iv) (Sub-section III: Personnel Below Officer Rank), PDF pages 72 to 73. Read the source
  14. Pension Regulations for the Army 2008 Pt I, Regulations 117(a) and 118 (Sub-section III: Personnel Below Officer Rank) — Pension Regulations for the Army, 2008, Part I, Regulations 117(a) and 118 (Sub-section III: Personnel Below Officer Rank); Regulations 117(a) and 118 (Sub-section III: Personnel Below Officer Rank), PDF page 72. Read the source

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