Allowances for Family Members of Hostages and Missing Persons in a Hostile Action Law, 5784-2023

In this Law –

"family member" – any of the following:

"Fallen Soldiers' Families Law" – the Fallen Soldiers' Families (Pensions and Rehabilitation) Law, 5710-1950;

"Victims of Hostile Action (Pensions) Law" – the Victims of Hostile Action (Pensions) Law, 5730-1970;

"hostage" – a person who has been abducted by enemy forces, taken as a hostage by enemy forces, or held against his will by enemy forces;

"soldier" – as defined in the Military Justice Law, 5715-1955;

"orphan of both parents" – as defined in section 7 of the Victims of Hostile Action (Pensions) Law or in section 9b(b) of the Fallen Soldiers' Families Law, and including a person who has been orphaned of one parent and whose other parent is a hostage or missing person, or both of whose parents are hostages or missing persons;

"enemy forces" – military, paramilitary or irregular forces of a state hostile to Israel, an organisation hostile to Israel, or any person acting with the assistance of any of the foregoing, on their behalf, at their direction, or in order to advance their objectives;

"security forces" – the Israel Police, the Israel Prison Service and the security services;

"missing person" – a person who has disappeared from military service or from service in the security forces, excluding a person whom there is reason to suspect disappeared as a result of an offence under sections 92 or 94 of the Military Justice Law, 5715-1955, and also a person who has disappeared as a result of a hostile action;

"hostile action" – as defined in the Victims of Hostile Action (Pensions) Law;

"claims officer" – as defined in section 298 of the National Insurance Law [Consolidated Version], 5755-1995;

"pensions officer" – a person appointed by the Minister as a pensions officer under the Fallen Soldiers' Families Law;

"approving authority" – as defined in section 10 of the Victims of Hostile Action (Pensions) Law;

"security services" – as defined in section 63a of the State Service (Pensions) Law [Consolidated Version], 5730-1970;

"the Minister" – the Minister of Defence.

"postal company" – the company as defined in the Postal Law, 5746-1986, when providing services under section 88a of that Law;

"special home front situation period" – the period from the 22nd day of Tishrei 5784 (7 October 2023) until the expiry of the declaration of a special home front situation issued on that day under the Civil Defence Law, 5711-1951.

"spouse" – a person who, at the time of the abduction, was married to the hostage, including a person who and the hostage had resided together before the day of the abduction and who at that time were publicly known as partners;

"family members" – parents, spouses, siblings and children;

"released hostage" – a person who was a hostage on the 22nd day of Tishrei 5784 (7 October 2023) and was recognised as a redeemed captive under section 2 of the Payments to Redeemed Captives and Released Abductees Law, 5765-2005;

The provisions of this Law that apply in respect of a hostage who is a soldier shall also apply in respect of a prisoner of war as defined in the Financing of Expenses for Families of Prisoners of War, Abductees and Missing Persons Law, 5768-2008.

The State Treasury shall indemnify the National Insurance Institute for every amount expended in respect of any payment of an allowance or benefit paid under the provisions of this Law.

The Minister is responsible for the implementation of this Law.

In the Fallen Soldiers' Families (Pensions and Rehabilitation) Law, 5710-1950, in section 1, in the definition "'family member' of a soldier who fell in action" –

"(a) a person who was married to the fallen soldier on the day of his death, including a person who and the fallen soldier had resided together before the day of death and who at that time were publicly known as partners – even if that person married another person after the death of the fallen soldier (hereinafter – widower or widow, as the case may be);";

In the Income Tax Ordinance [New Version], in section 9(6), after "war action" there shall come "and including pensions paid under the Fallen Soldiers' Families (Pensions and Rehabilitation) Law, 5710-1950, under the Allowances for Family Members of Hostages and Missing Persons in a Hostile Action Law, 5784-2023, and under section 2a of the Financing of Expenses for Families of Prisoners of War, Abductees and Missing Persons Law, 5768-2008, during the period of validity of that section".

In the Victims of Hostile Action (Pensions) Law, 5730-1970 –

In the Administrative Affairs Courts Law, 5760-2000, in the First Schedule, in item 25 –

"(2) A decision of a committee under section 2 of the Financing of Expenses for Families of Prisoners of War, Abductees and Missing Persons Law, 5768-2008".

(Indirect amendment of the Payments to Redeemed Captives and Released Abductees Law, 5765-2005)

(Indirect amendment of the Financing of Expenses for Families of Prisoners of War, Abductees and Missing Persons Law, 5768-2008)

The provisions of this Law and the provisions of the Payments to Redeemed Captives and Released Abductees Law, 5765-2005, as worded in this Law, shall also apply in respect of a missing person who disappeared before the date of commencement of this Law and in respect of a hostage or prisoner of war who was abducted or taken captive before that date, provided however that no payments shall be made by virtue of those provisions for any period preceding the 22nd day of Tishrei 5784 (7 October 2023).

Payments made before the date of commencement of this Law to a family member of a hostage or missing person under an agreement concerning the provision of social benefits to the families of hostages and missing persons under the National Insurance Law [Consolidated Version], 5755-1995, by virtue of section 9 of that Law, or under Government Decision No. 982 of the 7th day of Cheshvan 5784 (22 October 2023), shall be deemed to have been made on account of the rights due to such a family member under this Law.