From the subcommittee’s recommendation to payment of compensation
After a subcommittee decision or recommendation come ratification or objection, then payment through Finance or the National Pension Authority.
Read →A claim for compensation after an injury in a terrorist operation
Priority of payment of compensation under Article 16 of Law No. 2 of 2020
In briefArticle 16 of the Second Amendment has property payments made under subcommittee decisions ratified by the central committee or by the presidency of the governorate Court of Appeal, and payments for martyrdom, disappearance, kidnapping and injury under subcommittee decisions in coordination with the Directorate of Martyrs of Victims. Priority follows the date of issue, with priority for cases of martyrdom. Amounts are allocated in each governorate’s budget.
The issue of a compensation decision does not necessarily mean that the amount is paid the next day. Article 16 of Law No. 2 of 2020 set the paying body and the order of priority. This page explains the paying body and the order of priority as Article 16 sets them out.
Who pays, and for which cases?
Paragraph First: the Ministry of Finance, through the governorate concerned, pays compensation amounts to those harmed, under the decisions issued by the committees formed under the law. The cases fall into two groups:
- Damage to property, under subcommittee decisions ratified by the central committee or by the presidency of the governorate Court of Appeal.
- Cases of martyrdom, disappearance, kidnapping or injury, under subcommittee decisions in coordination with the Directorate of Martyrs of Victims of War Operations, Military Errors and Terrorist Operations in the Martyrs Foundation.
Payment is not demanded from the subcommittee itself as if it were a treasury, nor from the Martyrs Foundation apart from the Ministry of Finance’s path for amounts the Ministry pays through the governorate. A pension file that passes through the National Pension Authority (Hay’at al-Taqa‘ud al-Wataniyya) follows a different path, explained in the Instructions and in the article on the route from recommendation to payment.
What does “priority” mean?
Paragraph Second: the Ministry of Finance, through the governorate concerned, has regard to priority of payment of decisions by the date they were issued, and to priority of payment for cases of martyrdom and their number. An earlier date of issue comes first, and cases of martyrdom have priority. The text does not set a calendar of fixed days after ratification, and does not allow the governorate to put a later file ahead of an earlier one without a basis in this article. Anyone following the payment position should keep a copy of the ratified decision and its date, and should approach the paying body in the governorate once the decision has become final.
Paragraph Third requires the Ministry of Finance to allocate compensation amounts for the cases in the law in each governorate’s budget within the federal budget law each year. A shortfall in the allocation may delay payment in practice. That is an administrative and financial matter to be followed up, without turning it into a dispute over the substance of a right already settled by a final decision, unless the dispute is about the application of priority itself.
Some property decisions below the ceiling in Article 13 are ratified by the presidency of the Court of Appeal and then referred to the Ministry of Finance for payment, and archived with the central committee. The numerical ceiling is that set by Article 13 in the text in force. Details of property damage are in Compensation for property.
Legal basis and sources
Frequently asked questions
Is a final decision enough for an immediate approach to the finance office?
It is the basis for payment, but the order follows seniority of date and priority for martyrdom, and depends on the allocation in the budget.
Who pays property compensation?
The Ministry of Finance, through the governorate, after ratification by the central committee or by the presidency of the governorate Court of Appeal, under Article 16.
Does a National Pension Authority salary fall under this article?
Article 16 deals with compensation amounts the Ministry of Finance pays through the governorate. The pension path through the Authority remains that of the Instructions and of the decision referred to it.
Related topics and articles
- 01Steps in a file for compensation of those harmed by terrorist and war operationsA compensation file starts with a complete application to the subcommittee, then a decision or recommendation, objection or ratification, and payment.
- 02Compensation for property damaged by terrorist and military operationsCompensation for homes, shops and vehicles damaged by terrorism, war operations or military errors under Iraq's Law No. 20 of 2009.
- 03Compensation for the families of martyrs, missing and kidnapped persons under Law No. 20 of 2009Who counts as a martyr's family under Iraq's Law No. 20 of 2009, how grants are shared, and how a missing or kidnapped person's file proceeds.
- 04The compensation sub-committee and the Central Committee: who decides what?The governorate compensation sub-committee, the Central Committee in Baghdad and ministry committees under Iraq's Law No. 20 of 2009.
- 05Medical report and disability percentage in a terrorism injury compensation fileHow the medical committee sets the disability percentage for terrorism injuries in Iraq, how it shapes entitlement, and the five-yearly re-examination.
Compensation for those injured in terrorist operations: who hears the claim, and what is examined?
Injury compensation under Law No. 20 of 2009: claims usually go to the sub-committee, which examines the incident link and the medical report.
Read →Injury worsened after the decision: what are the options?
Injured in a terrorist operation and the injury worsened after the compensation decision? When to request reconsideration and what papers it takes.
Read →