Widows' and Orphans' Pensions Act, 1947

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Provisions in relation to certain persons absent from the State.

7.—(1) (a) In this section, the expression “the appointed period” means the period which commenced on the 3rd day of September, 1939, and will end on the date which is fixed, under paragraph (b) of this subsection, as the closing date for the purposes of this paragraph.

(b) The Minister, with the consent of the Minister for Finance, may by order fix a date as the closing date for the purposes of paragraph (a) of this subsection.

(2) This section applies to a person—

(a) who has (whether before, on or after the operative (Part II) date) left the State during the appointed period, and

(b) who was at the date of his departure an insured person under both the Health Insurance Acts and the Pensions Acts, otherwise than as a voluntary contributor, and

(c) in respect of whom the following conditions are, at the date of his departure, complied with—

(i) that fifty-two weeks have elapsed since the date of his last entry into insurance, and

(ii) that fifty-two contributions under the Pensions Acts have been paid by or in respect of him since the date of his last entry into insurance, and

(d) who (whether before, on or after the operative (Part II) date) dies or returns to the State before the expiration of the appointed period.

(3) The following provisions shall have effect in relation to a person to whom this section applies—

(a) for the purposes of the Pensions Acts, but not further or otherwise, no account shall, in calculating the period of eighteen months mentioned in subsection (1) of section 13 of the National Health Insurance Act, 1918, as amended by section 4 of the National Health Insurance Act, 1947 , be taken of any period of his absence from the State during the appointed period,

(b) the statutory conditions mentioned in paragraph (c) of subsection (1) of section 13 of the Principal Act shall be deemed to have been complied with if the number of contributions under the Pensions Acts paid or deemed in accordance with regulations made under the Principal Act to have been paid by or in respect of him during the period of one hundred and fifty-six weeks (excluding, in calculating that period, any week falling within the appointed period during the whole or any part of which he was absent from the State) terminating at the end of the contribution year immediately before, 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, amounts in the aggregate to not less than seventy-eight contributions calculated in the manner prescribed by regulations made under the Principal Act in respect of the said period of one hundred and fifty-six weeks.

(4) This section shall not operate to make a contributory pension payable on account of the insurance of any person in respect of whose death a pension is granted under any scheme of pensions in force in an appointed country or a war pension is granted.

(5) Where reciprocal arrangements have been made with another country under section 61 of the Principal Act, this section shall cease to apply in relation to any period of absence of an insured person in that country after the date on which the said reciprocal arrangements come into operation.

(6) Where—

(a) an application for a contributory pension was refused by a decision of a deciding officer before the operative (Part II) date, and

(b) such pension could have been granted if the preceding provisions of this section had been then in force,

the following provisions shall have effect—

(i) a deciding officer may, notwithstanding anything in the Principal Act, revise such decision, and the provisions of the Principal Act as to reference shall apply to such revised decision in the same manner as they apply as respects an original award or decision,

(ii) if such pension is granted it shall commence to accrue on the operative (Part II) date.

(7) Where—

(a) a person to whom this section applies died before the operative (Part II) date, and

(b) no claim to a contributory pension in respect of his insurance was made before the operative (Part II) date,

the date of entitlement for the purposes of subparagraph (i) of paragraph (e) of subsection (1) of section 35 of the Principal Act shall be deemed to be the operative (Part II) date.