Section 22(7) in All India Services (Death-Cum-Retirement Benefits) Rules, 1958
(7)The period for which family pension is payable shall be as follows :-(i)subject to first proviso, in the case of a widow or widower, up to the date of death or re-marriage, whichever is earlier;(ii)subject to second proviso, in the case of an unmarried son, until he attains the age of twenty-five years or until he gets married or until he starts earning his livelihood, whichever is the earliest;(iii)subject to second and third provisos, in the case of an unmarried or widowed or divorced daughter, until she gets married or remarried or until she starts earning her livelihood, whichever is earlier;(iv)subject to sub-rule (12), in the case of parents, who were wholly dependent on the member of service immediately before the death or the member of service, for life;(v)subject to sub-rule (13) and the fourth proviso, in the case of disabled siblings (i.e., brother and sister) who were dependent on the member of service immediately before the death of member of service, for life:Provided that family pension shall continue to be payable to a childless widow on re-marriage, if her income from all other sources is less than the amount of minimum family pension under sub-rule (2) of this rule and the dearness relief admissible thereon:Provided further that if the son or daughter of a member of service is suffering from any disorder or disability of mind including the mentally retarded or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of twenty-five years, the family pension shall be payable to such son or daughter for life subject to the following conditions, namely:-(i)if such son or daughter is one among two or more children of the member of service, the family pension shall be initially payable to the minor children (mentioned in clause (ii) or clause (iii) of this sub-rule) in the order set out in clause (iii) of sub-rule (9) of this rule until the last child attains the age of twenty-five and thereafter the family pension shall be resumed in favour of the son or daughter suffering from disorder or disability of mind, including the mentally retarded, or who is physically crippled or disabled and shall be payable to him or her, for life;(ii)if there are more than one such son or daughter suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him or her ceases to be eligible :Provided that where the family pension is payable to such twin children it shall be in the manner set out in clause (d) of sub-rule (8) of this rule;(iii)the family pension shall be paid to such son or daughter through the guardian as if he or she were a minor except in the case of the physically crippled son or daughter who has attained the age of majority;(iv)before allowing the family pension for life to any such son or daughter, the appointing authority shall satisfy that the handicap is of such a nature so as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a Medical Board comprising of a Medical Superintendent or a Principal or a Director or Head of the Institution or his nominee as Chairman and two other members, out of which at least one shall be a Specialist in the particular area of mental or physical disability including mental retardation setting out, as far as possible, the exact mental or physical condition of the child;(v)the person receiving the family pension as guardian of such son or daughter or such son or daughter not receiving the family pension through a guardian shall produce a certificate from a Medical Superintendent or a Principal or a Director or Head of the Institution or his nominee as Chairman and two other members, out of which at least one shall be a Specialist in the particular area of mental or physical disability including mental retardation, once, if the disability is permanent and if the disability is temporary, once in every five years to the effect that he or she continues to suffer from disorder or disability of mind or continues to be physically crippled or disabled;(vi)in the case of a mentally retarded son or daughter, the family pension shall be payable to a person nominated by the member of service or the pensioner, as the case may be, and in case no such nomination has been furnished to the Head of Office by such member of service or pensioner during his lifetime, to the person nominated by the spouse of such member of service or family pensioner, as the case may be, later on and the Guardianship Certificate issued under section 14 of the National Trust Act, 1999 (No.44 of 1999), by a local level Committee, shall also be accepted for nomination or appointment of guardian for grant of family pension in respect of persons suffering from Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities as indicated in the said Act:Provided also that the grant or continuance of family pension to an unmarried or widowed or divorced daughter beyond the age of twenty-five years or until she gets married or re-married or until she starts earning her livelihood, whichever is the earliest, shall be subject to the following conditions, namely:-(i)the family pension shall be initially payable to the minor children (mentioned in clause (ii) or clause (iii) of this sub-rule) in the order set out in clause (iii) of sub-rule (9) of this rule until the last minor child attains the age of twenty-five years; and(ii)there is no disabled child eligible to receive family pension in accordance with the second proviso of this sub-rule:Provided also that such disabled siblings shall be eligible for family pension for life in the same manner and following the same disability criteria, as laid down in this rule in the case of son or daughter of the member of service or pensioners suffering from any disorder or disability of mind (including mentally retarded) or physically crippled or disabled, so as to render him or her unable to earn a living even after attaining the age of twenty-five years.Explanation 1. - An unmarried son or an unmarried or widowed or divorced daughter, except a disabled son or daughter become ineligible for family pension under this sub-rule from the date he or she gets married or remarried.Explanation 2. - The family pension payable to such a son or a daughter or parents or siblings shall be stopped if he or she or they start earning his or her or their livelihood.Explanation 3. - It shall be the duty of son or daughter or siblings or the guardian to furnish a certificate to the Treasury or Bank, as the case may be, once in a year that, (i) he or she has not started earning his or her livelihood, and (ii) he or she has not yet married or remarried and a similar certificate shall be furnished by a childless widow after her re-marriage or by the disabled son or daughter or by parents to the Treasury or Bank, as the case may be, once in a year that she or he or they have not started earning her or his or their livelihood.Explanation 4. - For the purpose of this sub-rule, a member of the family shall be deemed to be earning his or her livelihood if his or her income from other sources is equal to or more than the minimum family pension under sub-rule (2) of this rule and the dearness relief admissible thereon.Explanation 5. - Parents shall be deemed to be dependent on the member of service if their combined income is less than the minimum family pension under sub-rule (2) of this rule and the dearness relief admissible thereon.Explanation 6. - Disabled sibling shall be deemed to be dependent on the member of service if their income is less than the minimum family pension admissible under sub-rule (2) of this rule and dearness relief thereon.Explanation 7. - Family pension payable to a childless widow shall be stopped if, after re-marriage, her income from all other sources becomes equal to, or exceeds, the amount of minimum family pension under sub-rule (2) of this rule and the dearness relief admissible thereon.
