Victims of Hostile Action (Pensions) Law, 5730-1970
חוק התגמולים לנפגעי פעולות איבה, תש"ל-1970
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.
This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.
Interpretation§
In this Law –
"hostile action injury" –
"victim" – a person who sustained a hostile action injury and who is one of the following:
"Area" – as defined in section 378 of the Insurance Law;
"resident of Israel" – a resident of Israel, including a resident of Israel in the Area, as defined in section 378 of the Insurance Law;
"weapon" – as its meaning in the Military Justice Law, 5715-1955;
"Insurance Law" – the National Insurance Law [Consolidated Version], 5755-1995;
"the Institute" – as its meaning in the Insurance Law;
"family member", of a victim –
"pension" – including any benefit granted to a person to whom the Disabled Veterans Law or the Fallen Soldiers' Families Law applies, as the case may be.
"disability" – loss of the capacity to perform a normal activity, whether physical or mental, or a reduction of such capacity, that came upon a victim as a result of one of the following that occurred as a consequence of a hostile action injury:
"orphan" – a child of a victim who had not yet reached the age of 30 upon the death of the victim as a result of the injury, or who, due to a physical or mental defect, was not self-supporting at the time of the victim's death or upon reaching the age of 21 after his death, whichever is later, and for as long as he is not self-supporting for those reasons.
Presumption of Hostile Action Injury§
Where a person was injured in circumstances in which there is reasonable ground to assume that he sustained a hostile action injury, the injury shall be deemed a hostile action injury unless proved otherwise.
Medical Treatment, Convalescence and Rehabilitation§
The provisions of Section C of Chapter V of the Insurance Law and the Regulations thereunder shall apply to a victim, with the necessary modifications and subject to the provisions of section 12.
Pension and Additional Entitlement for a Disabled Person§
Provisions Regarding Deduction from the Monthly Pension§
Determination of Degree of Disability§
(Repealed — תשמ״ב)
State Participation in the Payment of Insurance Arrangements§
A victim entitled to a monthly pension for whom life insurance, supplementary health insurance or nursing care insurance arrangements have been made, through the representative organisation, is entitled to State participation in the insurance premiums for those insurances, in the amount determined by the Minister of Labour with the approval of the Labour and Welfare Committee of the Knesset.
Pension and Benefits for Family Members§
(Repealed — תשמ״ח)
Place of Burial and Provisions Regarding Burial Expenses§
"cemetery" – including a closed cemetery or an exceptional burial plot determined by virtue of Regulations under section 266 of the Insurance Law;
"company" – as defined in the Regulations under section 266 of the Insurance Law;
"next of kin" – the person closest to the victim in the following order:
(Repealed — תשמ״ב)
Monthly Payment for Loss of Income to the Guardian of an Orphan of Both Parents§
Special Pensions for a Guardian in Respect of an Orphan Who Has Not Yet Reached the Age of Six§
A guardian of the person appointed for an orphan who has not yet reached the age of six whose both parents died as a result of a hostile action injury shall be paid in respect of the orphan, during the period in which the orphan is with him and in his care, in addition to the monthly payment set out in section 7d, a monthly payment as set out below:
Special Pension for an Accompanying Family of an Orphan from Age 18 to 25§
Absence of a Family Member from Work§
Status of a Victim or Family Member for the Purpose of Any Other Enactment§
A victim or family member shall have the same status as a disabled veteran under the Disabled Veterans Law and the Regulations thereunder, or a family member under the Fallen Soldiers' Families Law and the Regulations thereunder, for the purpose of any other enactment granting a benefit, exemption or concession.
Powers of the Minister of Labour and Welfare§
The Minister of Labour and Welfare may –
Appointment of an Authorising Authority§
Appeal§
Certification of a Hostile Action Injury§
Certification by the Authority or by the appeals committee, as the case may be, that an injury that occurred is a hostile action injury is a prerequisite for any claim under this Law before the Institute.
Certification of a Hostile Action Injury that Occurred Outside Israel or the Area§
Jurisdiction of the Labour Court§
A regional court as defined in the Labour Court Law, 5729-1969, shall have exclusive jurisdiction to hear any claim for a pension under this Law and any claim for the recovery of a pension paid by mistake or unlawfully, all subject to the provisions of section 12.
Prescribing of Time Limits§
The Minister of Justice, in consultation with the Minister of Labour and Welfare, may prescribe by Regulations time limits for the filing of actions and appeals in respect of section 13.
Representation before a Court§
In any claim under this Law against the State or by the State, the Institute shall represent it through a person authorised for that purpose on its behalf.
Application of the Insurance Law§
Sections 144, 265, Section A and Section B except for section 297a, in respect of pensions and additional entitlements under the Disabled Veterans Law and section 308 of Chapter X, and sections 383, 385 and 386 of the Insurance Law and the Regulations thereunder shall apply in respect of this Law, with the necessary modifications.
Pension under this Law or benefit under the Insurance Law arising from a single event§
Pension under this Law or Benefit under the Insurance Law for an Orphan§
Pensions under this Law and pensions or compensation under other laws§
"act of terrorism" – as defined in the Law for the Struggle against Terrorism, 5776-2016;
"capitalised pension amount" – the total of the monthly pensions paid to the plaintiff or to be paid to him under this Law, capitalised in accordance with section 333 of the Insurance Law, with the necessary modifications;
"exemplary damages" – damages that are not dependent on loss;
"torts compensation" – compensation for harm under the Civil Wrongs Ordinance [New Version], other than from the State;
"plaintiff" – a person who has filed a claim as referred to in subsection (b1).
Pension to a family member under the Fallen Soldiers' Families Law and under this Law§
Pension to a disabled veteran under the Disabled Veterans Law and under this Law§
A disabled veteran who, but for what is stated in section 17(a), would have been entitled to pensions as a disabled veteran under the Disabled Veterans Law and under this Law, shall be entitled, for as long as he is a disabled veteran entitled to a pension under the Disabled Veterans Law, to a pension by virtue of the Disabled Veterans Law only, and the hostile action injury shall be deemed as if it were an injury that occurred during and as a result of his military service.
Pensions to a disabled veteran and a family member under several laws§
Benefits§
Pensions under this Law by virtue of several causes of action§
Provisions in respect of a person injured by a hostile action whose secondary objective is harm to Israel§
Notwithstanding the provisions of sections 3, 4 and 7, where a person sustained a hostile action injury from a hostile action that occurred outside Israel or the Area and whose secondary objective was harm to Israel, and he or his family member is entitled to pensions under this Law and also to payments under foreign law or from a foreign state in respect of that hostile action injury, the victim or his family member shall be paid pensions in the amount of the difference between the said payments and the pensions under this Law; the Minister of Finance, with the consent of the Minister of Welfare and with the approval of the Labour, Welfare and Health Committee of the Knesset, may prescribe provisions and conditions in respect of the pensions to be paid under this section, and may authorise a person or body who shall calculate the rate of the pensions and for that purpose shall direct the manner of calculating the pensions.
Pensions from the State Treasury§
Person injured by a hostile action against the Jewish people – application of the Law§
Application§
Victims of 5708–5709§
Family members§
Notwithstanding the provisions of this Law, its provisions, except for section 2, shall apply to a family member of a person to whom section 19a applies, if the provisions of paragraph (2) of section 19a(a) are fulfilled in the family member, with the necessary modifications.
Restriction§
Claim for a pension§
Duty to update particulars§
A pension recipient shall notify the Institute in writing of any change that has occurred in his family status, his income or another matter in respect of which he previously provided information to the Institute, or in respect of a matter of which the Institute has notified him that it is required for the purpose of receiving a pension, within sixty days of the date of the change, all provided that the change is likely to affect his entitlement to a pension or its rate.
Penalties§
Payment other than by the Institute§
A person who has been recognised as a family member or as a disabled veteran under this Law and in whom the conditions referred to in section 17c are fulfilled shall be paid the pension to which he is entitled under this Law by the competent authority to pay pensions under the Disabled Veterans Law or under the Fallen Soldiers' Families Law, as the case may be; where the pension was paid by the Institute, it shall be regarded as an advance on account of the pension to which he is entitled.
Badge and certificate for disabled veterans§
Memorial Hall on Mount Herzl§
Support for activities for the benefit of victims of hostile actions and family members of persons whose death was caused by a hostile action injury§
"Budget Foundations Law" – the Budget Foundations Law, 5745-1985;
"annual budget law" – as defined in the Budget Foundations Law;
"public institution" and "budget item" – as defined in section 3a of the Budget Foundations Law;
"responsible Minister" – the Minister within whose area of responsibility the National Insurance Institute falls or another Minister empowered by the Government for the purposes of this section, and in respect of criteria for granting support for 2025 and 2026 – the Minister of Welfare and Social Security.
Implementation§
The Minister of Labour and Welfare is charged with the implementation of this Law and may make Regulations in respect of anything relating to its implementation.
Adjustments§
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חוק התגמולים לנפגעי פעולות איבה, תש"ל-1970
Victims of Hostile Action Law
Pensions Law 1970
Hostile Action Pensions Law
Tagmulim Law
War Victims Compensation Law
Pensions for Hostile Action Victims
Israeli War Pensions Law
Hostile Actions Victims Law