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Interpretation of Part II of the Principal Act.
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40.—(1) There shall be inserted in Part II of the Principal Act the following new section:—
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“8a.—(1) In this Part—
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the expression ‘urban area’ means any area being—
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(a) a county or other borough, or
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(b) an urban district, or
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(c) a town;
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the expression ‘rural area’ means any area which is not an urban area.
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(2) Where a house situate in a rural area is owned by the corporation of a county or other borough or the council of an urban district or the commissioners of a town, residence in that house shall, for the purposes of this Part, be deemed to be residence in an urban area.
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(3) Where a person, to whom a widow's (contributory) pension or an orphan's (contributory) pension is payable, is for the time being resident in an appointed country, such person shall, for the purposes of this Part, be deemed to be resident in—
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(a) in case such person was at any time resident in the State, the place in the State in which such person last resided,
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(b) in any other case, the place in the State in which the person, in respect of whose insurance the pension is payable, last resided.
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(4) (a) Where a deceased person was during the relevant period normally engaged in agricultural employment and also during such period was normally an employed contributor within the meaning of the National Health Insurance Acts, such person shall be deemed, for the purposes of this Part, to have been an agricultural worker.
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(b) If any question arises under paragraph (a) of this subsection whether any person was during the relevant period normally engaged in agricultural employment or normally an employed contributor, within the meaning of the National Health Insurance Acts, the question shall be referred to the Minister whose decision shall be final.
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(c) In this subsection the expression ‘the relevant period’ means—
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(i) 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
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(ii) 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.”
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(2) Section 7 (which defines “urban area” and “rural area” and is repealed as from the 7th day of January, 1949, by this Act) of the Principal Act shall cease to apply to the interpretation of Part II of the Principal Act.
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