Postponements Due to Iron Dome Deployments: A Rapidly Developing Emergency Legislation

On October 19, 2023, the Law for Postponing Deadlines (Temporary Order – Iron Swords) (Contract, Judgment, or Payment to Authority), 5784-2023, was published. This legislation, specific to Operation Iron Swords, overrides – but does not contradict – the Extension of Deadlines Law of 1975. For example, an individual ineligible under the Extension of Deadlines Law may be eligible under this new law.

The law specifies situations where eligible individuals can postpone certain payments by 30 days. It is important to note that the period allocated by the Ministry of Justice for public input has not yet concluded. Furthermore, the situation is highly dynamic, and further amendments are likely.

Rentals have generated the most inquiries, prompting a separate article (Lease Agreement in Wartime). Are you a landlord renting property to evacuees or a prospective tenant? A sample lease agreement tailored to these specific circumstances is included.

**Who is eligible for payment deadline postponement? What is the postponement period? What are the conditions for postponement? What payments are eligible for postponement? Find the answers and more in this article.**

Eligibility for Postponement

The law lists 11 categories of individuals eligible for deadline postponement during the “relevant period” or part thereof. Currently, the relevant period encompasses October 7, 2023, to November 7, 2023. These categories include:

1. Those who served as soldiers (regular or reserve) during the relevant period or part thereof;
2. Those who served as police officers during the relevant period or part thereof;
3. Prison guards who served during the relevant period or part thereof in: (a) the Drug Enforcement Unit, the Central Intervention and Support Unit, the Special Unit for Subduing Prisoners, or a District Operational Unit; or (b) a wing in a prison solely for specific prisoners as defined in the temporary order;
4. Those who served as firefighters during the relevant period or part thereof;
5. Those who were missing, kidnapped, or held captive during the relevant period or part thereof;
6. Those residing in one of these municipalities until October 7, 2023;
7. Those hospitalized for at least 7 days due to injuries sustained during the relevant period as a result of enemy attack;
8. Employees or volunteers working full-time for a rescue organization listed in subsections (1) to (5) of the Police Ordinance;
9. Spouses of those listed in points 1-8 above, insofar as the spouse is jointly liable for the obligation;
10. The estate of a deceased person listed in points 1-5, 7 or 8 above;
11. A company with up to 5 shareholders or a registered partnership where one shareholder/manager is listed in points 1-6 above and holds at least 50% control of the company.

List of Eligible Municipalities

Currently, 99 municipalities are listed in the order. However, this list may be reduced or expanded depending on the ongoing conflict and the situation on the ground. These municipalities are:

Nahal Oz, Erez, Nir Am, Mefalsim, Kfar Aza, Gavim, Or Haner, Netiv Ha’asara, Zikim, Yad Mordechai, Karmiya, Kerem Shalom, Kisufim, Hulit, Sufa, Nirim, Nir Oz, Ein Hashlosha, Nir Yitzhak, Bari, Magen, Re’im, Saad, Alumim, Sderot, Be’erot Hilel, Dorot, Yachini, Ivim, Gav’am, Mevo’ot Betar, Yated, Shlomit, Neve, Sha’ar Avraham, Mevo’ot Betar, Yesha, Ami’oz, Peri Gan, Telmei Yosef, Ein Hashlosha, Yavul, Avshalom, Dekel, Tsor’ah, Ohad, Telmei Eliyahu, Sha’ar Nitzan, Be’er Nitzan, Shokeda, Shova, Kfar Mimoun, Tushiya, Zemeret, Misgav Am, Manara, Malkia, Ma’aleh Baruch, Yiftah, Dafna, Margaliot, Kfar Yuval, Kfar Rosh HaNikra, Hanita, Zara’it, Shitula, Avivim, Metula, Shlomi, Shomera, B’tse’t, Ya’ara, Dishon, Adמית, Arab al-‘Aramsha, Re’ger, Dovyev, Matat, Bar’am, Yiron, Nitu’a, Kfar Gil’adi, Ashkelon, Kiryat Shmona, Snir, Dan, Beit Hillel, Sha’ar Yishuv, Hagoshrim, Liman, Tzuba, Elon, Hagoren, Gorenot HaGalil, Even Menachem, Sasa, Tzefon, Ramot Naftali.

Postponement Period

The law sets the postponement period at 30 days. This applies to all matters for which postponement is granted (contracts, court orders, or mandatory payments).

Postponing Contractual Deadlines

The deadline for performing contractual obligations will be postponed by 30 days if all the following conditions are met: (Section 2(a) of the Postponement of Deadlines Law)

1. Not an employment contract;
2. The contract was concluded before the relevant period (October 7, 2023, to November 7, 2023);
3. The relevant payment falls within the relevant period;
4. The applicant for postponement is on the list of those eligible for postponement;
5. The applicant or their representative notified the other parties to the contract;
6. The other parties to the contract are not eligible for postponement.

“Contract” includes promissory notes and debt instruments (such as checks). Therefore, if all conditions are met, the due date of a check can be postponed by 30 days.

Are all Contracts Eligible for Postponement?

No, the law does not apply to the following contracts:

1. Employment contracts;
2. Contracts paid for via credit transactions where the goods or services were fully provided to the payer before the payment due date within the period of October 7, 2023, to November 7, 2023;
3. Contractual clauses stipulating alimony payments (spouse or children).

Example: An employer cannot postpone an employee’s salary by 30 days, even if all other conditions are met.

Another example: Payments for a refrigerator cannot be postponed if the refrigerator was delivered before October 7, 2023.

Postponing Deadlines in Court Orders – Applicability

The conditions for postponing payment deadlines set by court orders are as follows: (Section 3 of the Postponement of Payments Law)

1. The order was issued by a court or by another entity with judicial authority;
2. The court order is final (i.e., not appealable);
3. The payment deadline according to the judgment falls within the relevant period (October 7, 2023, to November 7, 2023);
4. The individual obligated to pay is eligible for postponement;
5. The court order does not concern alimony payments (spouse or children).

If all conditions are met, the payment deadline is automatically postponed by 30 days. The eligible party is not required to notify the other party. However, they are certainly entitled to do so.

According to the Basic Law: Judiciary, entities with judicial authority in Israel include: the Registrar of the Execution Office; the Land Registrar; religious court judges (Rabbinical, Sharia, Druze, and Christian); disciplinary court judges; and others.

Postponing Payments to Authorities – Applicability

The conditions for postponing payment deadlines to authorities are:

1. “Payment to an authority” means any payment under law, except for monetary sanctions (e.g., property tax, fees, levies, and fines).
2. The payer was hospitalized for at least 7 days due to injuries sustained during the relevant period as a result of enemy attack;
3. The payer is employed or volunteers full-time for a rescue organization listed in subsections (1) to (5) of the Police Ordinance;
4. The payer notified the authority that they meet the conditions in points 2 or 3 above;
5. The individual did not contact the authority online during the relevant period to receive a paid service.

If all conditions are met, the payment deadline will be postponed by 30 days.