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29 1935

WIDOWS AND ORPHANS PENSIONS ACT, 1935

PART III.

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

Deceased persons in respect of whom Part III of this Act applies.

15. —This Part of this Act applies in respect of the following deceased persons, that is to say:—

(a) a person who—

(i) dies (whether before or after the passing of this Act) before the second appointed day, and

(ii) was an insured person under the National Health Insurance Acts at the date of his or her death;

(b) a person who—

(i) dies (whether before or after the passing of this Act) before the second appointed day, and

(ii) in case he or she was not over the age of seventy years at the date of his or her death, was engaged in an excepted employment to which this Act applies at the date of his or her death or, in case he or she was over the age of seventy years at the date of his or her death, was engaged in an excepted employment to which this Act applies on his or her seventieth birthday;

(c) a person—

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

(ii) who was not over the age of seventy years at the date of his or her death, and

(iii) who was an insured person under this Act at the date of his or her death, and

(iv) in respect of whom the statutory conditions had not been complied with;

(d) a person who—

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

(ii) is over the age of seventy years on the second appointed day, and

(iii) either was an insured person under the National Health Insurance Acts at the date of his or her death, or was on his or her seventieth birthday engaged in an excepted employment to which this Act applies.

Net weekly means of widows and orphans.

16. —For the purposes of this Part of this Act the net weekly means of a widow or an orphan shall be the net weekly means of such widow or orphan as ascertained in accordance with the appropriate provisions of the First Schedule to this Act.

Residence.

17. —For the purposes of this Part of this Act and the First Schedule to this Act, the following provisions shall have effect, that is to say:—

(a) a person though actually resident in an urban area shall if such person, immediately prior to taking up residence in such urban area was resident in a rural area, be deemed to continue to be resident in such rural area for a period of twelve months after such person so takes up residence;

(b) a person though actually resident in a county borough shall, if such person immediately prior to taking up residence in such county borough was resident in an urban area or was resident or was, by virtue of paragraph (a) of this sub-section, deemed to have been resident in a rural area, be deemed to continue to be resident in such urban area or rural area (as the case may be) for a period of twelve months after such person so takes up residence.

Small holder.

18. —(1) In this Part of this Act the expression “small holder” means a person who—

(a) is the occupier of a holding or holdings of agricultural land the valuation or the total valuations-of which does or do not exceed eight pounds, and

(b) is not the occupier or owner of any rateable hereditament or hereditaments (other than agricultural land) the valuation or the total valuations of which would, if added to the valuation of such holding or the total valuation of such holdings, exceed eight pounds.

(2) In this section—

the expression “agricultural land” means any hereditament or portion thereof which—

(a) is entered as land in the valuation lists under the Valuation Acts, and

(b) is not mainly used for purposes other than agricultural or live-stock production;

the expression “valuation” means valuation under the Valuation Acts;

the expression “rateable hereditament” has the same meaning as in the Valuation Acts.

Widows' (non-contributory) pensions.

19. —Subject to the provisions of this Act, a pension (in this Act referred to as a widow's (non-contributory) pension) shall be payable to—

(a) the widow of a deceased man in respect of whom this Part of this Act applies, or

(b) the widow of a man who, whether he died before on or after the second appointed day, was at the date of his death a small holder, if and so long as such widow is resident on the holding by virtue of the occupation of which such man was a small holder.

Composition and rates of widows' (non-contributory) pensions.

20. —(1) A widow's (non-contributory) pension payable to the widow, resident in a county borough, of a man shall, subject to the provisions of this Part of this Act, be as follows, that is to say:—

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

(i) an allowance in respect of such widow at the rate of seven shillings and six pence per week, and

(ii) an allowance in respect of the eldest or elder of such children, at the rate of three shillings and six pence per week, and

(iii) an 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 one shilling and six pence per week;

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

(i) an allowance in respect of such widow at the rate of seven shillings and six pence per week, and

(ii) an allowance in respect of such child at the rate of three shillings and six pence per week; and

(c) if there is no child of such man alive and under the appointed age, such pension shall consist of an allowance in respect of such widow at the rate of seven shillings and six pence per week.

(2) A widow's (non-contributory) pension payable to the widow, resident in an urban area, of a man shall, subject to the provisions of this Part of this Act, be as follows, that is to say:—

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

(i) an allowance in respect of such widow at the rate of six shillings per week, and

(ii) an allowance in respect of the eldest or elder of such children, at the rate of two shillings and six pence per week, and

(iii) an 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 one shilling per week;

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

(i) an allowance in respect of such widow at the rate of six shillings per week, and

(ii) an allowance in respect of such child, at the rate of two shillings and six pence per week; and

(c) if there is no child of such man alive and under the appointed age, such pension shall consist of an allowance in respect of such widow at the rate of six shillings per week.

(3) A widow's (non-contributory) pension payable to the widow, resident in a rural area, of a man shall, subject to the provisions of this Part of this Act, be as follows, that is to say:—

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

(i) an allowance in respect of such widow at the rate of five shillings per week, and

(ii) an allowance in respect of the eldest or elder of such children, at the rate of two shillings per week, and

(iii) an 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 one shilling per week;

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

(i) an allowance in respect of such widow at the rate of five shillings per week, and

(ii) an allowance in respect of such child, at the rate of two shillings per week; and

(c) if there is no child of such man alive and under the appointed age, such pension shall consist of an allowance in respect of such widow at the rate of five shillings per week.

(4) References in this Act to the widow's (non-contributory) allowance shall be construed as references to an allowance in respect of a widow under sub-sections (1), (2), or (3) of this section, and references in this Act to a child's (non-contributory) allowance shall be construed as references to an allowance in respect of a child under sub-sections (1), (2) or (3) of this section.

Classes of widows to whom widows' (non-cont ributory) pensions may be granted.

21. —A widow of a man shall not be granted a widow's (non-contributory) pension unless—

(a) she has attained the age of sixty years and has not attained the age of seventy years, or

(b) she is under the age of seventy years and there is at least one child of such man who is for the time being alive and under the appointed age.

Duration of widows' (non-contributory) pensions.

22. —(1) A widow's (non-contributory) pension payable to a widow 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 remarries, in which case the said pension shall cease as on and from such remarriage.

(2) Where—

(a) a widow's (non-contributory) pension which includes any child's (non-contributory) allowance has ceased to include any child's (non-contributory) allowance, and

(b) the widow to whom such pension was granted has not at the date of such cesser attained the age of fifty-nine years and six months,

such pension shall cease to be payable on the expiration of six months after the date of such cesser, without prejudice however to the regrant of a widow's (non-contributory) pension to her when she attains the age of sixty years.

Cesser or reduction of widow's (non-contributory) pension on grounds of means.

23. —(1) A woman shall not be entitled to and shall be disqualified from receiving payment of a widow's (non-contributory) pension if and so long as her net weekly means equal or exceed the appointed sum.

(2) Where the net weekly means of a widow are less than the appointed sum, any widow's (non-contributory) pension payable to such widow shall be reduced by one shilling for every complete shilling of such net weekly means.

(3) In this section the expression “the appointed sum” in relation to a widow means the weekly amount which, if she were in receipt of a widow's (non-contributory) pension and had no net weekly means would, having regard to the provisions of this Part of this Act relating to composition and rates of widows' (non-contributory) pensions, be for the time being payable to her on account of such pension.

Orphans' (non-contributory) pensions.

24. —Subject to the provisions of this Act, a pension (in this Act referred to as an orphan's (non-contributory) pension) shall be payable in respect of each child who complies with the following conditions, that is to say:—

(a) is the orphan child of either—

(i) a deceased person in respect of whom this Part of this Act applies, or

(ii) a person who, whether he or she died before, on or after the second appointed day, was at the date of his or her death a small holder, and

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

Rates of orphans' (non-contributory) pensions.

25. —An orphan's (non-contributory) pension payable in respect of a child shall, subject to the provisions of this Act, be at the following rates, that is to say:—

(a) in case such child is neither detained in a reformatory or industrial school nor resident in an institution nor boarded out by a public assistance authority—

(i) if such child is resident in a county borough, four shillings per week,

(ii) if such child is resident in an urban area, three shillings and sixpence per week,

(iii) if such child is resident in a rural area, two shillings and sixpence per week;

(b) in case such child is detained in a reformatory or industrial school or resident in an institution or boarded out by a public assistance authority—

(i) if such reformatory or industrial school or institution is in a county borough or such child is boarded out in a county borough, three shillings per week,

(ii) if such reformatory or industrial school or institution is in an urban area or a rural area or such child is boarded out in an urban area or a rural area, two shillings per week.

Cesser or reduction of orphan's (non-contributory) pension on grounds of means.

26. —(1) An orphan shall not be entitled to and shall be disqualified from receiving payment of an orphan's (non-contributory) pension if and so long as the net weekly means of such orphan equal or exceed the appointed sum.

(2) Where the net weekly means of an orphan are less than the appointed sum, any orphan's (non-contributory) pension payable to such orphan shall be reduced by one shilling for every complete shilling of such net weekly means.

(3) In this section the expression “the appointed sum” in relation to an orphan means the weekly amount which, if an orphan's (non-contributory) pension were being paid in respect of such orphan and such orphan had no net weekly means, would, having regard to the provisions of this Part of this Act relating to rates of orphans' (non-contributory) pensions, be payable on account of such pension.

(4) For the purposes of sub-sections (1) and (2) of this section an orphan's (non-contributory) pension in respect of an orphan shall be deemed to be payable to such orphan.