Mauritius
Family Allowance Act
Act 62 of 1961
- Commenced on 1 January 1962
- [This is the version of this document at 30 June 2017.]
Part I – Preliminary
1. Short title
This Act may be cited as the Family Allowance Act.2. Interpretation
In this Act—"allowance" means a family allowance payable under this Act;"benefit authority" means the Principal Assistant Secretary of the Ministry responsible for the subject of social security or any other person appointed by the Minister;"child" means an unmarried person under the age of 14;"claimant" means a person entitled to claim an allowance under this Act, and, in the case of a married couple living together, the husband;"determining authority" means an awarding officer, appeal tribunal or umpire;"family", in relation to any claimant, means—(a)the claimant;(b)where the claimant is a married man, his wife, if he is living together with her; and(c)children residing with the claimant who are issue of the claimant or his wife or of the deceased husband or wife of the claimant;"issue" means issue of the first generation.[S. 2 reprinted by Reprint 1 of 1983.]Part II – Benefit
3. Provision of allowance
4. Conditions for receipt of allowances
Subject to this Act, every claimant shall, in order to be entitled to receive an allowance, satisfy the following conditions—5. Commencement and duration of allowances
6. ***
7. Payment of allowances
8. Additional provision in special cases
Where any person is absent from Mauritius, or is imprisoned or detained in legal custody, and immediately before such absence, imprisonment or detention was entitled to an allowance, sums equivalent to the allowance may, at the absolute discretion of the benefit authority, be paid to some other person in Mauritius for the benefit of the children of such person's family in Mauritius, and any such sums shall be paid and accounted for as if they were sums by way of allowances under this Act.9. Allowances to be inalienable
Every assignment of or charge on, and every agreement to assign or charge, an allowance shall be void.10. Overpayment of allowances
11. Temporary absences
For the purpose of determining whether children are residing with any claimant, no account shall be taken of temporary absences in hospital or of other temporary absences amounting to not more than 3 months at any one time.12. Unmarried couples
For the purposes of this Act, an unmarried couple residing together with 3 or more children, each child being issue of both of them, shall be treated as if they were married, and the meaning of "husband" and "wife" shall be extended accordingly.13. Husband and wife living in separation
A man and his wife shall not be deemed to be living otherwise than together unless they are permanently living in separation.Part III – Adjudication
14. Umpires and awarding officers
For the purposes of this Act—15. Constitution of appeal tribunals
16. Expenses of appeal tribunals
The benefit authority may pay such fees to the Chairperson and members of an appeal tribunal as the Minister may direct, and may authorise the reimbursement of expenses incurred in connection with the sitting of any tribunal.17. Determination of claims
18. Appeals to umpires
19. Power to review decisions
20. Proceedings before tribunal and umpire
Subject to this Act, the procedure for the consideration and determination of appeals by an appeal tribunal or an umpire shall be such as the appeal tribunal or the umpire, as the case may be, shall determine.21. Payment of allowances pending appeal
22. New claims
Where a claim for an allowance has been rejected, no subsequent claim by the same claimant shall be considered during the period of 6 months from the date of such rejection unless in special circumstances the benefit authority otherwise decides.23. Determination of questions
For the purposes of sections 14 to 22, references to claims and appeals include any questions arising in connection with such claims and appeals other than questions relating the chargeability or otherwise of any person to income tax for any income tax year of assessment.Part IV – Administrative provisions
24. Proof of age and parentage
25. Penalty for false statements
Where, for the purpose of obtaining payment of an allowance, or of continuing an allowance in payment, whether for himself or for any other person, a person knowingly makes a false statement or false representation or fails to disclose a material fact, he shall commit an offence and shall, on conviction, be liable to a fine not exceeding 500 rupees and to imprisonment for a term not exceeding 3 months.26. Disclosure of information
Notwithstanding the obligation as to secrecy imposed by statute or otherwise on persons employed in relation to income tax, the Director-General of the Mauritius Revenue Authority may supply information required for the operation of this Act with regard to assessment or collection of income tax.27. Regulations
History of this document
30 June 2017 this version
Consolidation
01 January 1962
Commenced