### Volunteer and Naval Volunteer Pensions Ordinance 《陸軍義勇軍及海軍義勇軍恩恤金條例》

18. Ex gratia allowance for surviving spouses
(1) Subject to subsection (2), where a qualified person dies when he has been paid under this Ordinance or is otherwise entitled under this Ordinance to the payment of a grant payable by way of constant attendance allowance under section 10 in respect of any period of time ending with his death, there shall, apart from any other grant payable under this Part, be payable by way of ex gratia allowance a grant comprising—
(a) a payment payable at the same rate as that at which such grant that is so payable in respect of the period of time ending with the death of the qualified person was computed;
(b) where the qualified person dies when he has been paid under this Ordinance or is otherwise entitled under this Ordinance to the payment of any other grants payable otherwise than in the form of a lump sum under Part III in respect of any period of time ending with his death, a payment, in respect of each of such other grants, payable at the same rate as that at which each of such other grants that is so payable in respect of the period of time ending with the death of the qualified person was computed; and
(c) where the qualified person dies when he is entitled under this Ordinance to the payment of a grant payable by way of medical expenses allowance under section 14, a payment in the form of a lump sum and of such amount as is equivalent to that of such grant.
(2) No money shall be payable under subsection (1)(a) or (b) in connection with the death of a qualified person for any period longer than 26 weeks commencing on the date of death of the qualified person.

19. Effect of marriage and living together
(1) Notwithstanding any other provisions of this Part, where any person who is the surviving spouse of a qualified person marries another person or lives together with another person as husband and wife, any grant which would, apart from this section, have been payable under this Part to the surviving spouse as such in respect of any period of time beginning on the date of such marriage or upon such living together shall, regardless of the period of time for which such marriage or living together subsists, cease to be so payable.
(2) Where any grant ceases to be payable to any person by virtue of subsection (1), there shall, if the Board so decides in its discretion, be payable by way of gratuity a grant in the form of a lump sum and of such amount as may be determined by the Board having regard to all the circumstances of the case, being an amount not exceeding the amount that would, had the cessation not taken place, have been payable to the person in the calendar month in which the cessation takes place, as multiplied by 12.

### Volunteer and Naval Volunteer Pensions Ordinance 《陸軍義勇軍及海軍義勇軍恩恤金條例》

20. Condition for payment
(1) Notwithstanding any provisions of Part III or IV—
(a) no person shall be entitled to the payment of any grant under this Ordinance, whether by way of pension, gratuity or other allowance; and
(b) no grant shall be payable under this Ordinance, whether by way of pension, gratuity or other allowance,
unless, apart from any other condition or requirement set out in this Ordinance in respect thereof being satisfied, a claim in respect thereof has been admitted under this Ordinance.
(2) For the purposes of subsection (1), a claim shall be regarded as having been admitted under this Ordinance if and only if the claim—
(a) has been admitted by the Board pursuant to a decision—
(i) which has been made under section 21(4); and
(ii) which has not been varied or reversed in a review under section 22, or in respect of which no review under section 22 is otherwise pending;
(b) has been admitted by the Board pursuant to a decision—
(i) which has been made in a review under section 22; and
(ii) which has not been varied or reversed on an appeal under section 23, or in respect of which no appeal under section 23 is otherwise pending; or
(c) has been admitted by the Administrative Appeals Board pursuant to a decision made on an appeal under section 23.

### Volunteer and Naval Volunteer Pensions Ordinance 《陸軍義勇軍及海軍義勇軍恩恤金條例》

21. Claims procedures
(1) (a) Subject to paragraph (b), a person who claims to be entitled to the payment of any grant under this Ordinance, whether by way of pension, gratuity or other allowance, may, by serving on the Board a notice in such form as the Board may specify, lodge his claim with the Board.
(b) For the purposes of paragraph (a), where any claim has been lodged in accordance with that paragraph in connection with the disablement or the death due to service of any qualified person, the claim shall be deemed to include a claim for any grant payable under this Ordinance by way of allowance in connection with the disablement or the death, as the case may be, notwithstanding that no claim for any such allowance has been included in the claim so lodged.
(2) The Board shall, upon any claim having been lodged in accordance with subsection (1), determine the claim.
(3) (a) The Board may, by notice in writing served on the person by whom a claim has been lodged, require him to furnish to the Board such further particulars or evidence in support of his claim as the Board may specify, or otherwise to appear before the Board or such other person or authority as the Board may specify.
(b) Without limiting the generality of paragraph (a), the Board may require to be furnished to the Board one or more medical reports in respect of the qualified person in respect of whom or in connection with whom a claim has been lodged.
(4) The Board may, in determining a claim—
(a) admit the entire claim;
(b) reject the entire claim; or
(c) admit a specified part or parts, and reject the remainder, of the claim.
(5) The Board shall, within 1 month after a claim is determined under subsection (4), notify the person by whom the claim has been lodged, by notice in writing served on the person, of—
(a) its decision in determining the claim; and
(b) (i) where it admits the entire claim or any part or parts of the claim, the amount payable, and the terms upon which the amount is payable, by virtue of the claim or the part or parts of the claim, as the case may be, being so admitted;
(ii) where it rejects the entire claim or any part or parts of the claim, the reasons for the rejection.