Widows' and Orphans' Pensions Act, 1935
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Children and orphans. |
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. |