Section 29: Benefits for orphan and other dependents

29. Benefits for orphan and other dependents (1) Where an employee— (a) dies as a result of industrial injury or has disappeared during the course of his employment in the circumstances set out in Articles 133 to 135 of the Code Civil Mauricien or in circumstances which may give rise to a declaration of absence under Article 122 of the Code Civil Mauricien; and (b) leaves one or more orphans, each orphan shall, as long as— (i) he is— (A) under the age of 15; or (B) in the case of an orphan who is receiving full-time education, under the age of 18; and (ii) he is not married, be entitled to an orphan’s industrial injury pension of an amount representing 15 per cent of half of the monthly earnings of the deceased employee but shall in no case be less than the orphan’s pension payable under section 5. (2) An orphan’s industrial injury pension shall be— (a) paid to the guardian of the orphan or such other person as the National Pensions Officer may determine; and (b) devoted by the person receiving it for the exclusive benefit of the orphan. (3) Where an employee— (a) dies as a result of an industrial injury; (b) has disappeared during the course of his employment in the circumstances set out in Articles 133 to 135 of the Code Civil Mauricien or in circumstances which may give rise to a declaration of absence under Article 122 of the Code Civil Mauricien, and the employee leaves no spouse but leaves a dependent, the dependent shall be paid a dependent’s pension at the prescribed rate. (4) In subsection (3)— “dependent”, in relation to an employee, means a relative, other than an orphan, who was— (a) living in the household; and (b) wholly or partly dependent on the earnings of that employee at the time when his entitlement to a dependent’s pension arises; “relative”, in relation to an employee, includes his— (a) ascendant or descendant, whether legitimate or natural; (b) collateral to the second degree; (c) stepfather, stepmother, stepson and stepdaughter. [S. 29 amended by s. 17 (f) of Act 26 of 2012 w.e.f. 22 December 2012.] [Issue 5] N21 – 20 Revised Laws of Mauritius