Dear Rajesh, Harish & others, This timeline may help for your understanding of the CGHS order on relaxation of age limit for dependents who are permanently disabled.
1944 CGHS and Central Services (MA) Rules instituted 1993 Dec 31 MOHFW OM No: B – 12014/7/92-CGHS (P): dependent son = less than 25 or earning (whichever earlier) 1996 Civil Writ Petition, No: 2542 of 1996 in Shri Madan Mohan Sharma Vs Union of India - removal of age limit as long as dependent 1999 Sep 17 MOHFW OM removing upper age limit in view of WP 2542/1996 being filed 2006 Nov 29 DHC Order 2006 dismissing 2542/96 due to non-appearance of petitioner<https://docs0.google.com/a/inclusiveindia.info/document/d/1nXDd0KoArpnNDRSnfgxg5MfeVvRkFnt73Qzn2O6hQRA/edit?hl=en#bookmark=id.g3g2nnwci4ka> 2007 May 31 As WP 2543/1996 dismissed, MOHFW OM refixed age limit categorywise. No age limit permanent disability<http://www.mohfw.nic.in/writereaddata/cghsdata/mainlinkfile/File40.pdf> 2007 Aug 29 MOHFW OM No: 4–24/96–C&P/CGHS/CGHS (P) - Queries on what constitutes disability Definition of Disability acc to PwD Act<http://www.mohfw.nic.in/writereaddata/cghsdata/mainlinkfile/File39.pdf> 2008 May 20 DHC re-admits WP(C) 2542/1996 after receiving CM Nos. 17502 and 17571 of 2007 from petitioner<https://docs0.google.com/a/inclusiveindia.info/document/d/1nXDd0KoArpnNDRSnfgxg5MfeVvRkFnt73Qzn2O6hQRA/edit?hl=en#bookmark=id.wwmo7ff4mp1a> 2010 Aug 02 MOHFW OM No:4 – 24/96-C & P/CGHS(P) Includes def according to NTA, permanent disability = >80% <http://xa.yimg.com/kq/groups/20833698/975496501/name/Permanent_Disability_for_sons_to_avail_CGHS_facility.docx> 2010 Nov 04 MOHFW OM Relaxed from 80% to 40% disability for disabled dependents<https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=1oxVDsUBL4sHwmbFVhzhcsXmIkZgAEYAy8IXd7WKnS0GYUZXfaYK_EzIolDfB&hl=en>after pensioner’s appeals 2011 Jan 25 Shri Madan Mohan Sharma Vs Union of India case continues and can be followed here<http://courtnic.nic.in/dhcorder/dhc_case_status_oj_list.asp?ctype=W.P.(C)&cno=2542&cyear=1996%20> To answer your specific queries: 1. Definition of dependent: The term ‘family’ means and includes:-“Husband or wife as the case may be and other dependant family members. Dependant Family Members: parents, sisters, widowed sisters, widowed daughters, minor brothers and minor sister, children and stepchildren wholly dependent upon the Government Servant and are normally residing with the Government Servant”. Also now includes dependent divorced / separated daughters and stepmother.The term dependency means that income from all sources including pensions and pension equivalent of DCRG benefit is less than Rs.3500/- plus amount of DA on Basic pension of Rs 3500/- per month. The order I'd sent is with specific reference to *disabled dependents*. Criteria for dependency available here http://www.gservants.com/wp-content/uploads/2010/07/cghs-criteria-for-dependancy.pdf and procedure for inclusion in PPO of disabled dependent spouse, son, daughter or sibling is here http://cgstaffnews.com/?p=2311 2. Son is eligible till he starts earning or attains the age of 25 years or gets married whichever is earlier. Daughter is eligible till she starts earning, or gets married, whichever is earlier (irrespective of age). However in case the son / daughter is suffering from any permanent disability of any kind (physical or mental) he/she is eligible for CGHS benefits even after 25 yrs. A disability certificate from Medical Board is required. Permanent disability is from 40% upwards on the disability certificate. All orders have been collated into a summary document attached. (For accessindia use also available for download via sendspace) : Pdf format http://www.sendspace.com/file/tpiqxv Word format http://www.sendspace.com/file/sp8yoo You may also find the following link of use http://cgstaffnews.com/?p=2311 And yes, the Ministry's orders should be in more neutral language - gender and otherwise! Hope this helps! Vaishnavi Dear Vaishnavi Thanks for posting the CGHS order. However, I am at a loss to understand its import. It says that disabled sons with 40% or more disability would be eligible for CGHS facilities if they are financially dependent on CGHS beneficiary. Now, any dependent of CGHS beneficiary is eligible for CGHS facilities. What extra provisions are for Disabled sons? Does CGHS by this order mean to cater to their disability specific health needs? Does CGHS benefit continue after age of majority for disabled sons? And what provisions are for disabled daughters vis-?-vis Non disabled ones? *Order appears to have been issued in a specific context, and is not clear without appreciating it*. Please clarify. Rajesh > > -----Original Message----- > From: [email protected] [mailto: > [email protected]] On Behalf Of Vaishnavi Jayakumar > Sent: Tuesday, February 08, 2011 11:37 PM > To: [email protected] > Subject: [AI] Order from Ministry CGHS benefits/disabled son > > Transcribed Order at eom. Original available > here< > https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=1oxVDsUBL4sHwmbFVhzhcsXmIkZgAEYAy8IXd7WKnS0GYUZXfaYK_EzIolDfB&hl=en > > > for > viewing / download. > > *Transcribed Order* I > > Government of India > Ministry of Health and Family Welfare > Department of Health & Family Welfare > Nirman Bhawan, New Delhi 110 108 > * > No: 4-24/96-C&P/CGHS (P) Dated, > the 4th November, 2010 * > > * MEMORANDUM * > > *Eligibility of permanently disabled son of > CGHS beneficiary to avail * > * CGHS facility - relaxation of condition > about disability. * > > > 1. The undersigned is directed to invite reference to the Office > Memorandum, of even number dated 02.08.2010/03.09.2010, vide which the > scope of entitlement of permanently disabled sons of CGHS beneficiaries > was expanded to include sons of CGHS beneficiaries who were suffering > from 80% of more of disabilities as defined in Section 2(i) of The > Persons with Disabilities (Equal Opportunities, Protection of Rights and > Full Participation) Act, 1995 (No: 1 of 1996) and Clause U) of Section 2 > of National Trust for Welfare of Persons with Autism, Cerebral Palsy, > Mental Retardation and Multiple Disabilities Act, 1999 (No: 44 of 1999). > Subsequent to the issue of the Office Memorandum, requests have ben > received from beneficiaries that the level of 80% disability was very > harsh and also that their sons though suffering from disability, but are > below 80% disability level, are dependent on them financially and > otherwise also, and want that the minimum level disability should be > reduced from the present level of 80%. > > 2. After careful examination of the matter in consultation with the > Directorate General of Health Services, it has been decided that sons of > CGHS beneficiaries suffering from 40% or more of one or more > disabilities as defined in Section 2(i) of The Persons with Disabilities > (Equal Opportunities, Protection of Rights and Full Participation) Act, > 1995 (No: 1 of 1996) and Clause U) of Section 2 of National Trust for > Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and > Multiple Disabilities Act, 1999 (No: 44 of 1999), will be eligible to > avail CGHS facilities provided they are financially dependent on the > CGHS beneficiaries. > > R. Ravi > Director > 23063483 > > 1. All Ministries / Departments, Government of India > 2. Director, CGHS, Nirman Bhavan, New Delhi > > */End of order/* > > Get numbers right this time, help the census with correct disability info!
