UNMIK/REG/2000/66

21 December 2000

REGULATION NO. 2000/66

ON BENEFITS FOR WAR INVALIDS OF KOSOVO AND FOR THE NEXT OF KIN OF THOSE WHO DIED AS A RESULT OF THE ARMED CONFLICT IN KOSOVO

The Special Representative of the Secretary-General,

Pursuant to the authority given to him under United Nations Security Council resolution 1244 (1999) of 10 June 1999,

Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999, as amended, on the Authority of the Interim Administration in Kosovo,

Recalling UNMIK regulations establishing Administrative Departments, and in particular, UNMIK Regulation No. 2000/10 of 3 March 2000 on the Establishment of the Administrative Department of Health and Social Welfare,

For the purpose of providing special arrangements for the benefit of the war invalids of Kosovo and for the benefit of the next of kin of those who died as a result of the armed conflict in Kosovo,

Hereby promulgates the following:

Section 1

Definitions

1.1 For the purpose of the present regulation, a "war invalid" means any person who has received physical injury as a direct result of the armed conflict in Kosovo, the minimum level of such injury being defined in an administrative direction issued by the Special Representative of the Secretary-General.

1.2 The terms "war invalids" and "those who died as a result of the armed conflict in Kosovo", as used in the present regulation, shall cover combatants, including members of the former KLA, and civilians.

1.3 The term "next of kin", as used in the present regulation, shall be defined, as appropriate, by administrative direction issued by the Special Representative of the Secretary-General.

1.4 The terms "war invalids" and "next of kin", as used in the present regulation, shall include only persons who qualify as habitual residents of Kosovo, in accordance with section 3 of UNMIK Regulation No. 2000/13 of 17 March 2000 on the Central Civil Registry.

1.5 For the purpose of the present regulation, the armed conflict in Kosovo is deemed to have occurred between 27 February 1998 and 20 June 1999.

Section 2

Benefits

2.1 Benefits under the present regulation shall include:


financial payments for war invalids;


free access to the medical care provided in governmental health centers and rehabilitation centres in Kosovo for war invalids and their next of kin;


exemption from sales tax, excise tax and customs duties on vehicles adapted for the specific disability of the war invalid;


financial payments for the next of kin of those who died as a result of the armed conflict in Kosovo.

2.2 Procedures in connection with benefits provided for under the present regulation shall be set forth in administrative instructions issued by the competent Administrative Departments.

Section 3

Special Fund

3.1 A Special Fund shall be established to provide special benefits for eligible war invalids and the next of kin of those who died as a result of the armed conflict in Kosovo, including limited financial payments within the resources allocated for this purpose in the Kosovo Consolidated Budget and additional contributions through the Kosovo Consolidated Budget.

3.2 The Special Fund shall be administered by the Administrative Department of Health and Social Welfare.

Section 4

Eligibility

4.1 The eligibility of individual war invalids to receive the benefits paid under the Special Fund shall be determined by the Administrative Department of Health and Social Welfare taking into account the level of disability of the war invalids. Individual entitlements shall be established in accordance with the level of disability of war invalids as determined by the Central Medical Panel, established by the Administrative Department of Health and Social Welfare.

4.2 Categories of beneficiaries, levels of disability and corresponding entitlements shall be set forth in an administrative direction issued by the Special Representative of the Secretary-General.

4.3 In order to obtain benefits paid under the Special Fund, war invalids shall present special identification documents issued by the Administrative Department of Health and Social Welfare. The identification documents shall indicate the level of disability of the war invalid.

4.4 The Administrative Department of Health and Social Welfare shall determine the eligibility of the next of kin of those who died as a result of the armed conflict in Kosovo to receive the benefits paid under the Special Fund.

4.5 No benefits under the present regulation shall be made available to any person in respect of the death or injury of an individual that occurred while that individual was carrying out acts determined by a competent judicial tribunal to constitute war crimes or crimes against humanity.

4.6 Notwithstanding the temporal scope of the term "armed conflict" as set out in section 1.5 of the present regulation, the Special Representative of the Secretary-General may, on the recommendation of the Administrative Department of Health and Social Welfare, authorize the granting of benefits referred to in section 2.1 of the present regulation to war invalids and next of kin in special cases where exceptional humanitarian circumstances so warrant.

Section 5

Reconsideration and Review

5.1 Individuals who apply for benefits under the present regulation shall have the right to seek reconsideration of administrative determinations made by the Central Medical Panel or the Administrative Department of Health and Social Welfare as to eligibility for and level of entitlement to such benefits, pursuant to procedures set forth in an administrative direction issued by the Special Representative of the Secretary-General.

5.2 Applicants referred to in section 5.1 of the present regulation shall have the right to seek judicial review of final administrative determinations in accordance with the applicable law.

Section 6

Implementation

The Special Representative of the Secretary-General may issue administrative directions in connection with the implementation of the present regulation.

Section 7

Applicable Law

The present regulation shall supersede any provision in the applicable law which is inconsistent with it.

Section 8

Entry into Force

The present regulation shall enter into force on XX December 2000.

Bernard Kouchner

Special Representative of the Secretary-General