Payments to Redeemed Captives and Released Abductees Law, 5765-2005
חוק תשלומים לפדויי שבי ולחטופים ששוחררו, תשס"ה-2005
Published: 2005-08-16Consolidated Hebrew text as of 2025-05-27 · Last amended 2024-06-06✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Definitions§
1.
In this Law –
"the Committee" – the Committee for the Recognition of a Person as a Redeemed Captive, appointed pursuant to the provisions of section 3;
"the National Insurance Law" – the National Insurance Law [Consolidated Version], 5755-1995;
"the Disabled Persons Law" – the Disabled Persons Law (Compensation and Rehabilitation), 5719-1959 [Consolidated Version];
"the Hostile Actions Victims Compensation Law" – the Hostile Actions Victims Compensation Law, 5730-1970;
"the Family Allowances Law" – the Allowances Law for Family Members of Abductees and Missing Persons in a Hostile Action, 5784-2023;
"abductee" – a person who has been determined to be an abductee pursuant to section 3 of the Family Allowances Law;
"enemy forces" – military, paramilitary or irregular forces of a state hostile to Israel, an organisation hostile to Israel, or a person acting with the assistance of any of the foregoing, on their behalf, at their direction, or in order to advance their objectives;
"redeemed captive" – a person who has been recognised pursuant to the provisions of section 2 for the purpose of receiving payments under this Law;
"security services" – as defined in section 63a of the State Service (Pensions) Law [Consolidated Version], 5730-1970;
"service in the security forces" – any of the following:
(1)service in the security services as defined in section 63a of the State Service (Pensions) Law [Consolidated Version], 5730-1970;
(2)service in the Israel Police or the Prison Service;
"military service" – security service within the meaning of the Security Service Law [Consolidated Version], 5746-1986, and in respect of the period prior to the 29th of Kislev 5709 (31 December 1948) – also any service in the Haganah organisations, Irgun, Lehi and any other service that the Minister of Defence has declared, by a declaration published in Reshumot (Official Gazette), to be military service for the purposes of this Law;
"the Minister" – the Minister of Defence.
Recognition as a Redeemed Captive§
2.
(a)The Committee shall recognise a person in respect of whom an application has been submitted pursuant to the provisions of section 4 as a redeemed captive if, to its satisfaction, all of the following conditions are fulfilled in that person:
(1)during his military service or during his service in the security forces he fell into enemy captivity, including captivity of an organisation whose objectives or activities are directed at the eradication of the State or at harming the security of the State or the security of its residents (hereinafter – enemy captivity), and he remained in enemy captivity for at least 14 days;
(2)the International Committee of the Red Cross confirmed his falling into captivity as referred to in paragraph (1), or he proved in another manner his falling into captivity as aforesaid.
(a1)The Committee shall recognise a person in respect of whom an application has been submitted pursuant to section 4 as a redeemed captive even if the conditions listed in subsection (a) are not fulfilled in that person, if it has been determined that he was an abductee and it has been proved to its satisfaction that he was held by enemy forces for at least 14 days, provided that he is a soldier, a person serving in the security forces, or that one of the conditions in paragraph (1) or (2) of section 4(a) of the Family Allowances Law is fulfilled in that person.
(b)The Committee may recognise a person as a redeemed captive even if the period during which he was held in enemy captivity or by enemy forces is shorter than the period referred to in subsection (a)(1) or (a1), if it finds that there are special circumstances justifying doing so, and after it has considered the circumstances of his falling into captivity, the place of captivity, the conditions of captivity and the identity of the captors, and in respect of an abductee – the circumstances of the abduction, the place of his detention as an abductee, the conditions of detention and the identity of the abductors.
(c)The Committee may decline to recognise a person who fell into enemy captivity or was abducted during his military service or during his service in the security forces as a redeemed captive even if the conditions of subsection (a) or (a1) are fulfilled in that person, after it has heard, in respect of a person who fell into enemy captivity or who was abducted during his military service, the position of the Head of the Manpower Directorate of the Israel Defence Forces, and in respect of a person who fell into enemy captivity or who was abducted during his service in the security forces – the position of a representative of the relevant security service or the Israel Police or the Prison Service, as the case may be, if one of the following applies to that person:
(1)his falling into enemy captivity or his abduction was caused by serious misconduct on his part;
(2)in respect of an applicant who fell into enemy captivity or was abducted during his military service – his falling into enemy captivity or his abduction occurred during desertion as defined in section 92 of the Military Justice Law, 5715-1955.
(c1)The Committee shall not recognise a person who was abducted not during his military service or his service in the security forces as a redeemed captive even if the conditions of subsection (a1) are fulfilled in that person, if he is affiliated with enemy forces, assists them, or acts on their behalf, at their direction, or in order to advance their objectives.
(d)The provisions of this section shall also apply to a person in respect of whom the application for recognition was submitted after his death, and the provisions of section 4 shall apply with the necessary modifications.
The Committee for the Recognition of a Person as a Redeemed Captive§
3.
(a)The Minister shall appoint a committee of three members that has the authority to recognise a person as a redeemed captive for the purpose of receiving payments under this Law, and its members shall be as follows:
(1)a representative of the Ministry of Defence, who shall serve as chairperson;
(2)in respect of a person who fell into enemy captivity or was abducted during his military service – a representative of the Israel Defence Forces; in respect of a person who fell into enemy captivity or was abducted during his service in the security forces – a representative of the relevant security service or the Israel Police or the Prison Service, as the case may be; and in respect of a person who was abducted in a hostile action not during military service or service in the security forces – a representative of the National Insurance Institute;
(3)a public representative.
(b)Notice of the composition of the Committee and its address shall be published in Reshumot (Official Gazette).
(c)The Committee shall determine its own rules of procedure to the extent that they have not been determined in or pursuant to this Law.
(d)The Committee shall not be bound by rules of procedure or the laws of evidence, except for privileged evidence as referred to in Chapter III of the Evidence Ordinance [New Version], 5731-1971, and shall act in the manner it deems most useful for clarifying the questions before it.
Application for Recognition as a Redeemed Captive§
4.
(a)An application for the recognition of a person as a redeemed captive shall be submitted to the Committee in a form as it has prescribed (in this Law – application for recognition); an application for the recognition of a person who was a prisoner of war as a redeemed captive shall set out the circumstances of the applicant's falling into captivity, the place of captivity, the conditions of captivity and the identity of the captors, and documents confirming his falling into enemy captivity shall be attached thereto; an application for the recognition of a person who was an abductee as a redeemed captive shall be accompanied by a decision regarding a determination pursuant to section 3 of the Family Allowances Law; if the applicant does not have the said documents in his possession, the Committee shall arrange for their receipt.
(b)The Committee's decision on an application for recognition shall be made as soon as possible, and notice of its decision shall be given to the applicant within three months from the day the application was transmitted to it.
Payment to a Redeemed Captive§
5.
(a)A person who has been recognised as a redeemed captive is entitled to a monthly payment in the amount of NIS 3,300, which shall be paid to him as follows:
(1)a retroactive payment for the months commencing from the 1st of the month in which he submitted the application for recognition until the end of the month in which he was recognised as a redeemed captive;
(2)a monthly payment commencing from the 1st of the month following the month in which he was recognised as a redeemed captive until he reaches the age of 67 years;
(3)upon the redeemed captive reaching the age of 67 years, the total of all monthly payments until the end of that year shall be paid to him in that year, retroactively, in a single payment; in the following year and for the remainder of the redeemed captive's lifetime, the monthly payments shall be paid to him in a single annual payment on the 1st of January of each year.
(4)upon the redeemed captive reaching the age of 80 years, a supplement at the rate of 25 percent shall be added to the payments made to him pursuant to paragraph (3).
(a1)A person who has been recognised as a redeemed captive after the 22nd of Tishrei 5784 (7 October 2023) shall be paid, in addition to the payment pursuant to subsection (a), a one-time adjustment grant in the amount of NIS 50,000, within thirty days of the date on which he was so recognised.
(b)The amounts referred to in this section shall be updated on the 1st of January of each year, in accordance with the rate of increase of the average wage, as updated on that day, compared with the average wage as updated on the 1st of January of the previous year; for this purpose, "average wage" – as defined in section 1 of the National Insurance Law.
Prevention of Transfer of Entitlement to Payment§
6.
(a)An entitlement to payment pursuant to section 5 may not be transferred, pledged or attached in any manner whatsoever.
(b)An entitlement to payment pursuant to section 5 does not pass by inheritance.
Special Provisions Regarding Payment§
7.
A payment made pursuant to section 5 shall not be regarded as income for the purposes of –
(1)the Income Tax Ordinance [New Version], or compulsory payments or other levies;
(2)section 9 of the Income Support Law, 5741-1980;
(3)the Disabled Persons Law (Compensation and Rehabilitation), 5719-1959 [Consolidated Version].
Spouse of a Deceased Redeemed Captive§
8.
(a)Upon the death of a redeemed captive, the person who was his spouse at the time of his death is entitled to a payment pursuant to the provisions of section 5(a), for a period of one year from the date of his death; in this section, "spouse" – includes a common-law spouse.
(b)Where a redeemed captive is recognised after his death, the person who was his spouse at the time of his death is entitled to a one-time payment in an amount equal to 12 monthly payments as referred to in section 5(a), on the 1st of the month following the month in which the redeemed captive was so recognised.
Making of Payments and Indemnification§
8a.
(a)Payments under this Law in respect of a redeemed captive who fell into captivity or was abducted during his military service or during service in the security forces shall be made through the Ministry of Defence; payments as aforesaid in respect of any other redeemed captive shall be made through the National Insurance Institute.
(b)Applications under this Law in respect of a redeemed captive who is a soldier or a person serving in the security forces shall be submitted to the Committee through the Ministry of Defence; applications in respect of any other redeemed captive shall be submitted to the Committee through the National Insurance Institute, and the provisions of Sections 1 and 2 of Chapter XIV of the National Insurance Law shall apply, except for sections 297a, 299 and 308, with the necessary modifications.
(c)The State Treasury shall indemnify the National Insurance Institute, upon its demand, for every expenditure it has incurred in making the payments pursuant to the provisions of this Law and for the proportionate share of the administrative expenses of the National Insurance Institute arising from the implementation of this Law.
(d)In this section, "security forces" – the Israel Police, the Prison Service and the security services.
Rights for Released Abductees§
8b.
(a)Without derogating from the provisions of this Law, an abductee who was abducted on the 22nd of Tishrei 5784 (7 October 2023) and was released, and who has been recognised as a redeemed captive (in this section – a released abductee), shall be entitled to the rights under any enactment to which a disabled person for whom a disability degree of 50% has been determined on account of post-traumatic stress disorder under the Disabled Persons Law is entitled, or to which a victim for whom a disability degree as aforesaid has been determined pursuant to section 5 of the Hostile Actions Victims Compensation Law is entitled, as the case may be.
(b)For the purposes of any law, the rights granted pursuant to subsection (a) to a released abductee shall be deemed as if they were rights granted pursuant to the Disabled Persons Law or the Hostile Actions Victims Compensation Law, as the case may be, and the provisions established in any law in respect of a disabled person or a victim, as the case may be, for whom a disability degree as referred to in subsection (a) has been determined, shall apply to that person, and he shall be entitled to every benefit to which such a disabled person or victim is entitled.
(c)The provisions of this section shall apply from the day on which the released abductee was recognised as a redeemed captive, and in respect of a soldier on reserve service or regular service, except pursuant to a commitment to permanent service – from the date of his release from such service.
(d)Nothing in the provisions of this section shall prevent the determination of a disability degree on account of a mental impairment, including post-traumatic stress disorder at a rate higher than 50%, or on account of a physical impairment, caused to the released abductee by reason of his abduction.
(e)A released abductee is entitled to funding of medical treatment even if the treatment is not for an illness or injury recognised in respect of him pursuant to the Disabled Persons Law or the Hostile Actions Victims Compensation Law, as the case may be, for a period of 36 months from the date referred to in subsection (c); however, such funding shall not be given for medical treatment in respect of health services included in the Second Schedule or the Third Schedule to the National Health Insurance Law, 5754-1994, provided that the released abductee is entitled to them under that Law or under insurance taken out for his benefit with State participation pursuant to section 43a of the Disabled Persons Law or pursuant to section 6a of the Hostile Actions Victims Compensation Law.
9.§
(Repealed — תש״ע)
Implementation and Regulations§
10.
The Minister is responsible for the implementation of this Law, and may make Regulations on any matter relating to its implementation.
Commencement and Transitional Provisions§
11.
(a)This Law shall commence 90 days from the day of its publication (in this section – the commencement day).
(b)Notwithstanding the provision of section 5(1), a redeemed captive who fell into enemy captivity before the commencement day is entitled to a retroactive payment of NIS 1,000 for each month commencing from the 7th of Tevet 5764 (1 January 2004) until the end of the month in which he was recognised as a redeemed captive; however, a person who submitted an application after the 4th of Kislev 5768 (14 November 2007) shall be entitled to a retroactive payment of NIS 1,000 for the 24 months preceding the 1st of the month in which he was recognised as a redeemed captive.
(c)(Repealed)
Amendment of the Administrative Affairs Courts Law – No. 18§
12.
In the Administrative Affairs Courts Law, 5760-2000, in the First Schedule, after item 24 the following shall be inserted:
"25. Redeemed captives – a decision of the Committee for the Recognition of a Person as a Redeemed Captive, pursuant to section 2 of the Payments to Redeemed Captives Law, 5765-2005.".
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LawDefense & SecurityWelfare & Social Security
חוק תשלומים לפדויי שבי ולחטופים ששוחררו, תשס"ה-2005
Captives Redemption Law
Released Abductees Law
Pidyei Shvuyim Law
Hostage Ransom Law
Redeemed Captives Payments
Abductee Release Payments
Captive Redemption Payment Law
Hostage Release Law