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Payments to Released Prisoners of War 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
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

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Definitions§

1.

In this Law –

"the Committee" – the Committee for the Recognition of a Person as a Released Prisoner of War appointed pursuant to the provisions of section 3;

"National Insurance Law" – the National Insurance Law [Consolidated Version], 5755-1995;

"Disabled Persons Law" – the Disabled Persons Law (Pensions and Rehabilitation), 5719-1959 [Consolidated Version];

"Hostilities Casualties Compensation Law" – the Hostilities Casualties Compensation Law, 5730-1970;

"Family Members Allowances Law" – the Allowances for Family Members of Abductees and Missing Persons in a Hostile Action Law, 5784-2023;

"abductee" – a person who has been determined to be an abductee pursuant to section 3 of the Family Members 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, as their agent or in order to advance their objectives;

"released prisoner of war" – 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 in the Prison Service;

"military service" – security service within its meaning in 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 Released Prisoner of War§

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 released prisoner of war if it is satisfied that all of the following conditions are met:
(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 destruction 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 Red Cross organisation confirmed his falling into captivity as stated in paragraph (1), or he proved by another means his falling into captivity as stated.
(a1)The Committee shall recognise a person in respect of whom an application has been submitted pursuant to section 4 as a released prisoner of war even if the conditions listed in subsection (a) are not met, 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 Members Allowances Law is met in respect of him.
(b)The Committee may recognise a person as a released prisoner of war 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 considers that there are special circumstances justifying doing so, and after it has weighed 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 where he was held 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 released prisoner of war even if the conditions of subsection (a) or (a1) are met in respect of him, after it has heard, in respect of a person who fell into enemy captivity or 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 was abducted during his service in the security forces – the position of the representative of the relevant security service or the Israel Police or the Prison Service, as the case may be, if any of the following applied to the person:
(1)his falling into enemy captivity or his abduction was caused by his own serious misconduct;
(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 other than during his military service or his service in the security forces as a released prisoner of war even if the conditions of subsection (a1) are met in respect of him, if he belongs to the enemy forces, assists them, or acts on their behalf, as their agent 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 Released Prisoner of War§

3.
(a)The Minister shall appoint a committee of three members with authority to recognise a person as a released prisoner of war 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 be the 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 other than 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 insofar as they have not been prescribed in this Law or pursuant thereto.
(d)The Committee shall not be bound by rules of procedure or 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 considers most beneficial for the clarification of the questions before it.

Application for Recognition as a Released Prisoner of War§

4.
(a)An application for the recognition of a person as a released prisoner of war shall be submitted to the Committee in a form as it has directed (in this Law – an application for recognition); an application for recognition of a person who was a prisoner of war as a released prisoner of war 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 recognition of a person who was an abductee as a released prisoner of war shall be accompanied by a decision regarding a determination pursuant to section 3 of the Family Members Allowances Law; if the applicant does not have documents as aforesaid, the Committee shall arrange to obtain them.
(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 delivered to it.

Payment to a Released Prisoner of War§

5.
(a)A person who has been recognised as a released prisoner of war 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 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 released prisoner of war;
(2)a monthly payment commencing from the 1st of the month following the month in which he was recognised as a released prisoner of war until he reaches the age of 67;
(3)upon a released prisoner of war reaching the age of 67, 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 lifetime of the released prisoner of war, the monthly payments shall be paid to him in a single annual payment on the 1st of January of each year.
(4)upon a released prisoner of war reaching the age of 80, a supplement at the rate of 25 per cent shall be added to the payments paid to him pursuant to paragraph (3).
(a1)A person who is recognised as a released prisoner of war after the 22nd of Tishrei 5784 (7 October 2023) shall be paid, in addition to the payment under subsection (a), a one-time adjustment grant in the amount of NIS 50,000, within thirty days from the date he was recognised as aforesaid.
(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 preceding year; for this purpose, "average wage" – as defined in section 1 of the National Insurance Law.

Prevention of Transfer of Right to Payment§

6.
(a)A right to payment under section 5 is not transferable, may not be pledged, and is not subject to attachment in any manner.
(b)A right to payment under section 5 does not pass by inheritance.

Special Provisions Regarding Payment§

7.

A payment made pursuant to section 5 shall not be considered 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 (Pensions and Rehabilitation), 5719-1959 [Consolidated Version].

Spouse of a Deceased Released Prisoner of War§

8.
(a)Upon the death of a released prisoner of war, his spouse at the time of 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" – including a common-law spouse.
(b)Where a released prisoner of war is recognised after his death, the person who was his spouse at the time of 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 released prisoner of war was recognised as aforesaid.

Making of Payments and Reimbursement§

8a.
(a)Payments under this Law in respect of a released prisoner of war 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 released prisoner of war shall be made through the National Insurance Institute.
(b)Applications under this Law in respect of a released prisoner of war who is a soldier or is serving in the security forces shall be submitted to the Committee through the Ministry of Defence; applications in respect of any other released prisoner of war shall be submitted to the Committee through the National Insurance Institute, and the provisions of Sections a and b 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 reimburse the National Insurance Institute, upon its demand, for every expenditure it 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 released prisoner of war (in this section – a released abductee), shall be entitled to the rights under any law to which a disabled person for whom a disability rating of 50% has been determined in respect of post-traumatic stress disorder under the Disabled Persons Law is entitled, or to which a casualty for whom a disability rating as aforesaid has been determined pursuant to section 5 of the Hostilities Casualties 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 to be rights granted pursuant to the Disabled Persons Law or the Hostilities Casualties Compensation Law, as the case may be, and the provisions prescribed in any law in respect of a disabled person or casualty, as the case may be, for whom a disability rating 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 casualty is entitled.
(c)The provisions of this section shall apply from the day the released abductee was recognised as a released prisoner of war, and in respect of a soldier on reserve service or on compulsory service, except pursuant to a regular service commitment – from the date of his release from such service.
(d)Nothing in the provisions of this section shall prevent the determination of a disability rating in respect of a mental impairment, including post-traumatic stress disorder at a rate higher than 50%, or in respect of a physical impairment, caused to a released abductee as a result of his abduction.
(e)A released abductee is entitled to the funding of medical treatment even if the treatment is not for a disease or injury recognised in respect of him under the Disabled Persons Law or the Hostilities Casualties 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 provided for medical treatment in respect of health services included in the Second Schedule or the Third Schedule of 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 Hostilities Casualties 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 released prisoner of war who fell into enemy captivity before the commencement day is entitled to a retroactive payment of NIS 1,000 for each month from the 7th of Tevet 5764 (1 January 2004) until the end of the month in which he was recognised as a released prisoner of war; 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 released prisoner of war.
(c)(Repealed)

Amendment of the Administrative Courts Law – No. 18§

12.

In the Administrative Courts Law, 5760-2000, in the First Schedule, after item 24 the following shall be inserted:

"25. Released prisoners of war – a decision of the Committee for the Recognition of a Person as a Released Prisoner of War, pursuant to section 2 of the Payments to Released Prisoners of War Law, 5765-2005.".

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LawDefense & SecurityWelfare & Social Security

חוק תשלומים לפדויי שבי ולחטופים ששוחררו, תשס"ה-2005

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