PART I.

Preliminary and General.

1. —This Act may be cited as the Widows' and Orphans' Pensions Act, 1935.

2. —(1) In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the expression “the National Health Insurance Acts” means the National Health Insurance Acts, 1911 to 1934, as amended by this or any subsequent enactment;

the expression “appointed country” means a country—

(a) in which provision is made by legislative enactment for the establishment therein of any scheme of pensions—

(i) which is certified by the Minister to correspond substantially to the scheme of pensions established by this Act, and

(ii) which includes provision for the payment of pensions to residents in Saorstát Eireann, and

(b) which is not a country with the proper authority of which the Minister has entered into reciprocal arrangements under the provisions of Part VII of this Act relating to reciprocal arrangements with other countries;

the word “pension” when used without qualification means any pension under this Act;

the word “soldier” means a member of the Defence Forces of Saorstát Éireann (including the Reserve), in respect of whom contributions under the National Health Insurance Acts are for the time being payable under those Acts;

the expression “contribution year” has the same meaning as it has in the National Health Insurance Acts;

the expression “the appointed age” when used in relation to a child means the age of fourteen years, except in the case of a child who on attaining that age is under full-time instruction in a day school and continues under such full-time instruction after such attainment, when the said expression means the age (not exceeding sixteen years) up to which such child remains under such full-time instruction and except in the case of a child who on attaining the age of fourteen years is, owing to physical or mental infirmity neither able to receive full-time instruction at a day school nor to engage in any remunerative occupation, when the said expression means the age (not exceeding sixteen years) up to which such physical or mental infirmity continues;

the expression “public assistance authority” means the local authority charged by or in pursuance of any enactment with the administration of the laws relating to the relief of the poor in any area;

the expression “unemployment assistance” means unemployment assistance under the Unemployment Assistance Act, 1933 (No. 46 of 1933);

the expression “the Unified Society” means Cumann an Árachais Náisiúnta ar Shláinte;

the word “prescribed” means prescribed by regulations made by the Minister under this Act.

(2) Where the widow of a man has remarried she shall not for the purposes of this Act be regarded as the widow of her former husband.

3. —(1) In this Act—

the word “child” includes a step-child, and in relation to a man, an illegitimate child, either of himself or his wife, who was living with him at the time of his death and, in relation to a woman, includes an illegitimate child of such woman who was living with her at the time of her death;

the word “orphan” means a child both of whose parents are dead.

(2) Where, during any period, the widow of a man is undergoing a sentence of imprisonment, in pursuance of an order of a court directing her to be imprisoned without the option of a fine, or a sentence of penal servitude, or is maintained in any place as a criminal lunatic or as a non-paying patient in any district or auxiliary mental hospital, within the meaning of section 9 of the Local Government (Ireland) Act, 1898, as amended by section 79 of the Local Government Act, 1925 (No. 5 of 1925), the children (if any) of such man shall, during such period, be treated, for the purposes of the provisions of Part II of this Act relating to orphans' (contributory) pensions and the provisions of Part III of this Act relating to orphans' (non-contributory) pensions, as if they were the orphan children of such man.

(3) Where, during any period, a child of a deceased man is, while the widow of such man is alive—

(i) detained in a reformatory or industrial school, or

(ii) in pursuance of an order of a court, in the custody of some person other than such widow, or

(iii) deserted or abandoned by such widow, or

(iv) resident in an institution or boarded out by a public assistance authority,

the following provisions shall have effect, that is to say:—

(a) such child shall, during such period, be treated, for the purposes of the provisions of Part II of this Act relating to widows' (contributory) pensions and the provisions of Part III of this Act relating to widows' (non-contributory) pensions and the provisions of the First Schedule to this Act relating to the computation of the means of such widow, as if he were not the child of such man, and

(b) such child shall during such period be treated, for the purposes of the provisions of Part II of this Act relating to orphans' (contributory) pensions, and the provisions of Part III of this Act relating to orphans' (non-contributory) pensions, as if he were the orphan child of such man.

(4) Where during any period a child of a deceased man is, while the widow of such man is alive, resident outside Saorstát Eireann, the following provisions shall have effect, that is to say:—

(a) if such child is not resident in an appointed country such child shall, during such period, be treated, for the purposes of Part II of this Act relating to widows' (contributory) pensions, as if he were not the child of such man;

(b) such child shall, during such period, be treated, for the purposes of the provisions of Part III of this Act relating to widows' (non-contributory) pensions and the provisions of the First Schedule to this Act relating to the computation of the means of such widow, as if he were not the child of such man.

(5) Where a child born before the marriage of his parents has been legitimised by virtue of the subsequent marriage of his parents, such child shall, for the purposes of this Act, be deemed to be a child born of the marriage.

4. —(1) In this Act the expression “excepted employment to which this Act applies” means an employment in respect of which the following conditions are complied with, that is to say:—

(a) either—

(i) is an employment which is an excepted employment, within the meaning of the National Health Insurance Acts, by virtue of a certificate given under paragraph (b) or (c) of Part II of the First Schedule to the National Insurance Act, 1911, or

(ii) is an employment under any local or other public authority which is excluded from Part I of the said First Schedule in pursuance of paragraph (e) of that Part (being the paragraph inserted by section 6 of the National Insurance Act, 1913), and

(b) is not an employment which is an excepted employment, within the meaning of the National Health Insurance Acts, by virtue of paragraph (g) of Part II of the said First Schedule, and

(c) is not an employment in respect of which an order is made by the Minister under sub-section (3) of this section.

(2) For the purposes of paragraph (b) of the immediately preceding sub-section, paragraph (g) of Part II of the First Schedule to the National Insurance Act, 1911, as amended by section 1 of the National Health Insurance Act, 1919, shall, in its application to any period before the 30th day of June, 1919, have effect as if in the said paragraph (g), as so amended, the words “one hundred and sixty pounds” were substituted for the words “two hundred and fifty pounds” wherever those words occur.

(3) Where the Minister is satisfied, as regards any employment in respect of which the conditions mentioned in paragraphs (a) and (b) of sub-section (1) of this section are complied with, that provision is made, by means of any statutory enactment or by other means approved by the Minister, for securing, in respect of the widows and children of men employed in such employment or in respect of the children of women employed in such employment, benefits on the whole not less favourable than the benefits conferred by this Act, the Minister may by order declare that such employment shall not be an excepted employment to which this Act applies.

(4) Section 66 of the National Insurance Act, 1911, shall, for the purposes of this Act, apply to any question whether any employment or class of employment is an excepted employment to which this Act applies or a particular class of excepted employment to which this Act applies, or whether a person was or is a person employed in such an excepted employment, and to any question as to who is or was the employer of a person employed in any such excepted employment, in like manner as if the question related to an employment within the meaning of the National Health Insurance Acts.

5. —(1) Each of the following persons shall be an insured person for the purposes of this Act, that is to say:—

(a) every person who is an insured person within the meaning of the National Health Insurance Acts;

(b) every person who is a soldier;

(c) every person employed in an excepted employment to which this Act applies.

(2) Where a person, who is, by virtue of paragraph (c) of the immediately preceding sub-section, an insured person, ceases to be employed in an excepted employment to which this Act applies, such person shall, for a period of twelve months commencing next after the end of the week in which he ceased to be so employed, for the purposes of this Act, remain an insured person.

In calculating for the purposes of this sub-section the said period of twelve months no account shall be taken of any period during which the person who has so ceased to be employed is rendered incapable of work by reason of some specific disease or by bodily or mental disablement of which notice and proof has been given to the Minister within the prescribed time and in the prescribed manner or any period after such person has attained the age of seventy years.

(3) In this Act the expression “insured person” when used without qualification means a person who is an insured person by virtue of this section, and the word “insurance” in relation to any such person shall be construed accordingly.

6. —(1) In this Act the expression “agricultural employment” when used in relation to any person means employment in agricultural work on land which is in the occupation of some other person and is used wholly for agriculture, but does not include employment as a domestic servant.

(2) If any question arises whether any particular employment is agricultural employment within the meaning of this Act, the question shall be referred to the Minister, whose decision shall be final.

7. —(1) For the purposes of this Act the Borough of Dun Laoghaire shall be deemed to be a county borough.

(2) In this Act the expression “urban area” means any urban district (not being a county borough), the population of which (as shown by the census of population which is for the time being the latest such census) exceeds seven thousand.

(3) In this Act the expression “rural area” means any area which is neither a county borough nor an urban area.

8. —(1) The Minister may by order appoint a day to be the first appointed day for the purposes of this Act and a day (which may or may not be the same day as the day appointed to be the first appointed day) to be the second appointed day for the purposes of this Act.

(2) In this Act the expressions “the first appointed day” and “the second appointed day” mean the day or days appointed by the Minister under this section to be the first appointed day and the second appointed day respectively.