First Previous (PART I. Preliminary and General.) Next (PART III. Widows' (Non-Contributory) Pensions and Orphans' (Non-Contributory) Pensions.)

29 1935

WIDOWS AND ORPHANS PENSIONS ACT, 1935

PART II.

Widows' (Contributory) Pensions and Orphans' (Contributory) Pensions.

Pensions Widows' (contributory) pensions.

9. —Subject to the provisions of this Act a pension (in this Act referred to as a widow's (contributory) pension) shall, if the statutory conditions are complied with, be payable to the widow of a man who—

(a) dies on or after the second appointed day,

(b) was not over the age of seventy years on the second appointed day, and

(c) was an insured person at the date of his death.

Composition and rates of widows' (contributory) pensions.

10. —(1) A widow's (contributory) pension payable to the widow of an insured person shall, subject to the provisions of this Act, be as follows, that is to say:—

(a) if and so long as there are two or more children of such person alive and under the appointed age, such pension shall consist of—

(i) an allowance (in this Act referred to as the widow's (contributory) allowance) at the rate of ten shillings per week, and

(ii) an allowance (in this Act referred to as a child's (contributory) allowance), in respect of the eldest or elder of such children, at the rate of five shillings per week, and

(iii) an allowance (in this Act also referred to as a child's (contributory) allowance), in respect of, in case there are three or more such children, each of such children (other than the eldest) or, in case there are two such children only, the younger of such children, at the rate of three shillings per week;

(b) if and so long as there is one child only of such person alive and under the appointed age, such pension shall consist of—

(i) the widow's (contributory) allowance, and

(ii) an allowance (in this Act also referred to as a child's (contributory) allowance), in respect of such child, at the rate of five shillings per week;

(c) if there is no child of such person alive and under the appointed age, such pension shall consist of the widow's (contributory) allowance.

(2) Where the person in respect of whose insurance a widow's (contributory) pension is payable was during the relevant period normally engaged in agricultural employment, the immediately preceding sub-section shall, during the period of five years commencing on the second appointed day, have effect in relation to the amount of such pension as if there were substituted for the words “ten shillings” “five shillings” and “three shillings” wherever those words respectively occur in the said sub-section the words “eight shillings” “four shillings” and “two shillings and six pence” respectively.

(3) If any question arises under the immediately preceding sub-section whether any person was during the relevant period normally engaged in agricultural employment, the question shall be referred to the Minister whose decision shall be final.

(4) For the purposes of the two immediately preceding sub-sections—

(a) the expression “the relevant period” means, in relation to a person who died on or after the date on which he attained the age of seventy years, the period of three years immediately preceding the said date, but in calculating the said period of three years no account shall be taken of any unbroken period ending on the said date during which such person was incapable of work by reason of some specific disease or mental or bodily infirmity; and

(b) the expression “the relevant period” means, in relation to a person who died before he attained the age of seventy years, the period of three years immediately preceding the date of his death, but in calculating the said period of three years no account shall be taken of any unbroken period ending on the said date during which such person was incapable of work by reason of some specific disease or mental or bodily infirmity.

Orphans' (contributory) pensions.

11. —Subject to the provisions of this Act, a pension (in this Act referred to as an orphan's (contributory) pension) shall, if the statutory conditions are complied with, be payable in respect of every child who complies with the following conditions, that is to say:—

(a) is the orphan child of a man or woman who—

(i) dies on or after the second appointed day, and

(ii) was not over the age of seventy years on the second appointed day, and

(iii) was an insured person at the date of his or her death; and

(b) is for the time being under the appointed age.

Rate of orphans' (contributory) pensions.

12. —(1) An orphan's (contributory) pension shall, subject to the provisions of this Act, be at the rate of seven shillings and six pence per week.

(2) Where the person in respect of whose insurance an orphan's (contributory) pension is payable was during the relevant period normally engaged in agricultural employment, the immediately preceding sub-section shall, during the period of five years commencing on the second appointed day, have effect in relation to the amount of such pension as if the words “six shillings” were substituted in the said sub-section for the words “seven shillings and six pence.”

(3) If any question arises under the immediately preceding sub-section whether any person was during the relevant period normally engaged in agricultural employment, the question shall be referred to the Minister whose decision shall be final.

(4) For the purposes of the two immediately preceding sub-sections—

(a) the expression “the relevant period” means, in relation to a person who died on or after the date on which he attained the age of seventy years, the period of three years immediately preceding the said date, but in calculating the said period of three years no account shall be taken of any unbroken period ending on the said date during which such person was incapable of work by reason of some specific disease or mental or bodily infirmity; and

(b) the expression “the relevant period” means, in relation to a person who died before he attained the age of seventy years, the period of three years immediately preceding the date of his death, but in calculating the said period of three years no account shall be taken of any unbroken period ending on the said date during which such person was incapable of work by reason of some specific disease or mental or bodily infirmity.

Statutory conditions as to widows' (contributory) pensions and orphans' (contributory) pensions.

13. —(1) The statutory conditions to be complied with in the case of a person in respect of whose insurance a widow's (contributory) pension or an orphan's (contributory) pension is payable, are:—

(a) that one hundred and four weeks have elapsed since the date of the last entry of such person into insurance, and

(b) that one hundred and four contributions under this Act have been paid by or in respect of such person since the date of the last entry of such person into insurance, and

(c) that, where two hundred and eight weeks or more have elapsed between the date on which that person entered into insurance and the date on which he died or on which contributions under the National Health Insurance Acts ceased to be payable by or in respect of him by reason of his age, whichever was the earlier, the number of contributions under this Act paid or deemed in accordance with regulations made under this Act to have been paid by or in respect of him for the three contribution years immediately prior to, in case he died under the age of seventy years, his death or, in any other case, his attainment of the age of seventy years represents on the average not less than twenty-six contributions under this Act calculated in the prescribed manner in respect of each of those three years.

(2) Where at or within the prescribed time before the second appointed day a person is or was employed in an excepted employment to which this Act applies then for the purposes of sub-section (1) of this section—

(a) contributions under this Act shall be deemed to have been paid in respect of him for every week before the second appointed day during which he was continuously so employed;

(b) every such week shall be deemed to be a week which has elapsed since the date of his last entry into insurance.

(3) Contributions paid before the second appointed day under the National Health Insurance Acts shall, for the purposes of this section, be treated as contributions under this Act.

(4) Contributions deemed to have been paid before the second appointed day under the National Health Insurance Acts shall, for the purposes of paragraph (c) of sub-section (1) of this section but not further or otherwise, be treated as contributions under this Act.

(5) Subject to the provisions of any regulations made by the Minister under the provisions of Part VII of this Act relating to regulations, in determining for the purposes of a claim to a widow's (contributory) pension or an orphan's (contributory) pension whether the statutory conditions mentioned in this section have been complied with, no account shall be taken of contributions under this Act paid after the death of the person in respect of whose insurance the pension is claimed.

Duration of widows' (contributory) pensions.

14. —(1) So much (if any) of a widow's (contributory) pension payable to a widow as consists of the widow's (contributory) allowance shall, subject to the provisions of this Act, continue to be payable until she attains the age of seventy years and shall then cease, unless she previously re-marries, in which case the said widow's (contributory) allowance shall cease as on and from such re-marriage.

(2) So much (if any) of a widow's (contributory) pension as consists of a child's (contributory) allowance shall, subject to the provisions of this Act, continue to be payable until the child in respect of whom such allowance is payable attains the appointed age and shall then cease.