PART IV.

Disqualifications for Pensions and Provisions in Relation to Commencement and Payment of Pensions.

27. —In this Part of this Act—

the expression “widow's pension” means a pension which is either a widow's (contributory) pension or a widow's (non-contributory) pension;

the expression “orphan's pension” means a pension which is either an orphan's (contributory) pension or an orphan's (non-contributory) pension;

the expression “contributory pension” means a pension which is either a widow's (contributory) pension or an orphan's (contributory) pension;

the expression “non-contributory pension” means a pension which is either a widow's (non-contributory) pension or an orphan's (non-contributory) pension;

the expression “child's allowance” means an allowance which is either a child's (contributory) allowance or a child's (non-contributory) allowance.

28. —The widow of a man who had attained the age of sixty years at the date of the marriage shall not, if the marriage takes place after the 11th day of April, 1935, be entitled to a widow's pension unless either—

(a) there is a child of the marriage; or

(b) at the date of the death of her husband three or more years have elapsed since the date of the marriage; or

(c) she was immediately before the marriage in receipt of a widow's pension; or

(d) she would immediately before the marriage have been in receipt of a widow's pension, but for disqualification by reason of cohabitation.

29. —(1) Where during any period a person is resident outside Saorstát Eireann in a country other than an appointed country, the following provisions shall have effect, that is to say:—

(a) a contributory pension shall not be granted to or in respect of such person,

(b) if a contributory pension has been granted to or in respect of such person, no sum shall be payable during such period on account of such pension.

(2) Where during any period a person is resident outside Saorstát Eireann, the following provisions shall have effect, that is to say:—

(a) a non-contributory pension shall not be granted to or in respect of such person,

(b) if a non-contributory pension has been granted to or in respect of such person, no sum shall be payable during such period on account of such pension.

(3) A non-contributory pension (other than an orphan's (non-contributory) pension) shall not be granted to or in respect of a person unless such person has, during the period of two years immediately preceding the date on which the claim therefor is made, been resident in Saorstát Eireann.

30. —(1) A widow shall not be entitled to and shall be disqualified from receiving payment of a widow's pension if and so long as—

(a) she 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

(b) she 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).

(2) A widow shall not, if and so long as she and any person are cohabiting as man and wife, be entitled to and shall be disqualified from receiving payment of—

(a) so much of a widow's (contributory) pension as consists of the widow's (contributory) allowance, or

(b) a widow's (non-contributory) pension.

31. —A sum shall not be paid on account of a pension if payment of the sum is not obtained within three months after the date on which it has become payable.

32. —(1) Where, under the provisions of this Act, a widow would, but for this sub-section, be entitled to both a widow's (contributory) pension and a widow's (non-contributory) pension, such widow's (non-contributory) pension shall not be payable.

(2) Not more than one widow's (contributory) allowance or widow's (non-contributory) allowance shall be payable to any one widow.

(3) Not more than one child's allowance or one orphan's pension shall be payable in respect of any one child.

(4) An orphan's pension shall not be payable in respect of a child in respect of whom a child's allowance is claimable.

33. —(1) Subject to the provisions of this section, a widow's pension shall be paid to the pensioner.

(2) The Minister may, in his discretion, from time to time direct—

(a) in the case of a widow's (contributory) pension, which does not include any child's (contributory) allowance, that such pension shall, in lieu of being paid to the pensioner, be paid to some other person for the pensioner's benefit;

(b) in the case of a widow's (contributory) pension which does not include the widow's (contributory) allowance, that any child's (contributory) allowance which is included in such pension shall, in lieu of being paid to the pensioner, be paid to some other person for the benefit of the child in respect of whom such child's (contributory) allowance is payable;

(c) in the case of any widow's (contributory) pension which consists of the widow's (contributory) allowance and any child's (contributory) allowance, that either or both of the following things shall be done:

(i) that the widow's (contributory) allowance shall, in lieu of being paid to the pensioner, be paid to some other person for the benefit of the pensioner, and

(ii) that any child's (contributory) allowance which is included in such pension shall, in lieu of being paid to the pensioner, be paid to some other person for the benefit of the child in respect of whom such allowance is payable.

(3) The Minister may, in his discretion, from time to time, direct either—

(a) that so much of a widow's (non-contributory) pension as is the widow's (non-contributory) allowance shall, in lieu of being paid to the pensioner, be paid to some other person for the benefit of the pensioner, and that every child's (non-contributory) allowance, being part of such pension, shall, in lieu of being paid to the pensioner, be paid to some other person for the benefit of the child in respect of whom such allowance is payable, or

(b) that any child's (non-contributory) allowance, part of a widow's (non-contributory) pension, shall, in lieu of being paid to the pensioner, be paid to some other person for the benefit of the child in respect of whom such allowance is payable.

34. —(1) Subject to the provisions of this section, an orphan's pension shall be paid to the guardian of the child in respect of whom such pension is payable.

(2) The Minister may, if he considers it advisable so to do, direct that an orphan's pension shall, in lieu of being paid to the guardian of the child in respect of whom such pension is payable, be paid to some other person for the benefit of the child.

35. —(1) Subject to the provisions of this section, the following provisions shall have effect in relation to the dates on which pensions under this Act shall commence to accrue, that is to say:—

(a) a non-contributory pension shall not in any case commence to accrue on a date earlier than the first appointed day;

(b) a contributory pension shall not in any case commence to accrue on a date earlier than the second appointed day;

(c) where a person becomes entitled to a non-contributory pension on the first appointed day, the following provisions shall have effect, that is to say:—

(i) in case a claim thereto is made before the expiration of two months after the first appointed day, such pension shall commence to accrue on the first appointed day,

(ii) in any other case, such pension shall commence to accrue on the date on which the claim thereto is made;

(d) where a person becomes entitled to a non-contributory pension on a date after the first appointed day, the following provisions shall have effect, that is to say:—

(i) in case a claim thereto is made before the expiration of one month after such date, such pension shall commence to accrue on such date,

(ii) in any other case, such pension shall commence to accrue on the date on which the claim is made;

(e) where a person becomes entitled to a contributory pension, the following provisions shall have effect, that is to say:—

(i) in case a claim thereto is made before the expiration of one month after the date on which such person became entitled to such pension, such pension shall commence to accrue on such date,

(ii) where it is shown in any prescribed case that the failure to make a claim for a contributory pension within the time limited by the immediately preceding clause, was due to circumstances over which the claimant had no control, such pension shall commence to accrue on the date on which the claimant became entitled thereto,

(iii) in any other case, such pension shall commence to to accrue on the date on which the claim is made.

(2) Where the date on which a pension would begin to accrue under the immediately preceding sub-section is a day of the week other than a day prescribed as the day in the week on which the weekly payments on account of pensions of that class are to be made, the pension shall not begin to accrue until such prescribed day in the week occurring next after the first-mentioned date.

36. —The following provisions shall have effect in relation to the continuance of payment of every widow's pension, that is to say:—

(a) in case—

(i) such pension ceases to be payable by reason of the person entitled thereto attaining the age of seventy years, and

(ii) the day in the week on which such person attains the said age is not the day in the week on which payments on account of old age pensions are payable,

such pension shall continue to be payable in respect of the days in the week up to, but not including, the day in the week on which such payments are payable:

(b) in any other case, where the date on which such pension would cease to be payable is a day of the week other than that immediately preceding the day in the week prescribed as the day in the week on which the weekly payments on account of such pension are to be made, such pension shall continue payable in respect of the days in the week up to but not including such prescribed day.

37. —A pension under this Act shall, subject to any directions of the Minister in special cases, be paid weekly in advance in such manner and subject to such conditions as to identification or otherwise as the Minister may direct.