Claims: Difference between revisions
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Revision as of 07:55, 4 May 2020
A number of different claims processes have been established over the years to address various circumstances in which death, damage and disability may occur as part of United Nations operations. Claims may also arise as a result of disputes with vendors over contractual disputes.
Death and disability claims
Death and disability compensation is paid by the United Nations to uniformed personnel killed or injured in service.
Commercial claims
Under the delegation of authority framework established under ST/SGB/2019/2, heads of entity (including heads of mission) have been delegated the authority to settle commercial claims up to a limit of $50,000 after consultation with the Office of Legal Affairs. The Under-Secretary-General for Management Strategy, Policy and Compliance has been delegated the authority to settle commercial claims above $50,000 upon recommendation of the Under-Secretary-General for Operational Support.[1]
Personal effects
Loss or damage to personal effects attributable to service are reimbursable under the terms of ST/AI/149/Rev.4. Heads of entity have been delegated the authority to settle staff claims up to $10,000 per case.[2]
Third-party claims
Third-party claims are claims raised by individuals outside of the United Nations.
Insured claims
Third-party claims arising from accidents involving official United Nations vehicles are reviewed by the mission claims unit and settled by the local representative of the relevant insurance company providing coverage for the mission or location in question.[3]
Uninsured claims
Third-party uninsured claims, e.g. for personal injury or death, damage to civilian property, etc. are considered by the mission Local Claims Review Board (LCRB), which makes recommendations to the head of entity. Heads of entity have been delegated to settle third-party claims up to $20,000 per case taking into account the recommendations by the LCRB.[4]
The LCRB consists of a chairperson, members (usually the Chief Human Resources Officer, Chief Finance Officer, and Legal Adviser) and a secretary (usually the head of the mission claims/property management unit), plus alternates for each. For cases involving military or police personnel, a military or police representative is also included. A chairperson, two members and a secretary constitutes a quorum.[5]
The LCRB may also make recommendations for the payment of ex gratia payments.