Widows' and Orphans' Pensions Act, 1937

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Number 11 of 1937.

WIDOWS' AND ORPHANS' PENSIONS ACT, 1937.

ARRANGEMENT OF SECTIONS

SCHEDULE

Number 11 of 1937.

WIDOWS' AND ORPHANS' PENSIONS ACT, 1937.

AN ACT TO AMEND AND EXTEND THE WIDOWS' AND ORPHANS' PENSIONS ACTS, 1935 AND 1936. [2nd April, 1937.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Definitions.

1.—In this Act—

the expression “the Principal Act” means the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935);

the expression “the Minister” means the Minister for Local Government and Public Health.

“The appointed day.”

2.—(1) The Minister may by order appoint a day to be the appointed day for the purposes of this Act.

(2) In this Act the expression “the appointed day” means the day appointed by the Minister to be the appointed day for the purposes of this Act.

Amendment of section 2 of the Principal Act.

3.—(1) Section 2 of the Principal Act is hereby amended by the insertion at the end of the said section of the following additional sub-section and the Principal Act shall be construed and have effect accordingly, that is to say:—

“(3) A child shall be deemed for the purposes of this Act to be under the appointed age during each of the following periods, that is to say:—

(a) any period during which such child is under the age of fourteen years;

(b) any period, between the day before the date on which such child attains the age of fourteen years and the date on which such child attains the age of sixteen years, during which either—

(i) such child is, or is deemed, in accordance with regulations (which the Minister is hereby authorised to make by order) to be under full-time instruction in a day school, or

(ii) such child is, owing to physical or mental infirmity, neither able to receive full-time instruction in a day school nor to engage in any remunerative occupation.”

(2) The definition of the expression “appointed age” contained in sub-section (1) of section 2 of the Principal Act is hereby repealed.

Amendment of section 3 of the Principal Act.

4.— Section 3 of the Principal Act is hereby amended by the insertion therein of the following sub-section in lieu of sub-section (1) now contained therein, and the Principal Act and section 18 of the National Health Insurance and Widows' and Orphans' Pensions Act, 1936 (No. 12 of 1936), shall be construed and have effect accordingly, that is to say:—

“(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;

the word ‘orphan’ includes (in addition to a child both of whose parents are dead) an illegitimate child whose mother is dead and whose father is unknown.”

Amendment of section 4 of the Principal Act.

5.—Sub-section (3) of section 4 of the Principal Act is hereby amended by the insertion therein after the words “by this Act” of the words “or the Minister is satisfied, as regards any employment in respect of which the conditions mentioned in clause (ii) of paragraph (a) of sub-section (1) of this section are complied with, that, having regard to the nature of such employment, it would not be desirable for such employment to be excepted employment to which this Act applies.”

Amendment of section 6 of the Principal Act.

6.—Sub-section (1) of section 6 of the Principal Act is hereby amended by the deletion of the words “and is used wholly for agriculture”, and the Principal Act shall be construed and have effect accordingly.

Date of operation of census of population for the purposes of section 7 of the Principal Act.

7.—(1) For the purpose of determining the census of population which is the latest such census within the meaning of sub-section (2) of section 7 of the Principal Act, the Minister shall, whenever a census of the population of Saorstát Eireann has been taken, certify by order the date of publication of the result of such census, and every such census shall be deemed for the purpose aforesaid, but no further or otherwise, to have been taken on the date of publication so certified in respect thereof.

(2) Whenever, on the taking of a census of the population of Saorstát Eireann, it is found that the population of an urban district which was shown by the next previous such census to exceed seven thousand, does not exceed seven thousand, such urban district shall, notwithstanding such decrease in the population thereof, continue to be an urban area for the purposes of the Principal Act until (but not including) the first Friday in the month of January next following the date of publication certified under this section in respect of such census and shall cease on the said Friday to be an urban area for the said purposes.

(3) Whenever, on the taking of a census of population of Saorstát Eireann, it is found that the population of an urban district which was shown by the next previous such census not to exceed seven thousand exceeds seven thousand, such urban district shall, notwithstanding such increase in the population thereof, continue not to be an urban area for the purposes of the Principal Act until (but not including) the first Friday in the month of January next following the date of publication certified under this section in respect of such census and shall become on the said Friday an urban area for the said purposes.

(4) This section shall have and be deemed to have had effect as on and from the 1st day of January, 1936, and shall accordingly apply and have effect in relation to the census of the population of Saorstát Eireann taken in the year 1936.

Amendment of section 10 of the Principal Act.

8.— Section 10 of the Principal Act is hereby amended in the following respects and the said section shall be construed and have effect accordingly, that is to say:—

(a) by the insertion in sub-section (2) of the said section of the words “and also during such period was normally an employed contributor within the meaning of the National Health Insurance Acts” after the words “agricultural employment”, and

(b) the insertion in sub-section (3) of the said section of the words “or normally an employed contributor within the meaning of the National Health Insurance Acts” after the words “agricultural employment”.

Amendment of section 12 of the Principal Act.

9.— Section 12 of the Principal Act is hereby amended in the following respects and the said section shall be construed and have effect accordingly, that is to say:—

(a) by the insertion in sub-section (2) of the said section of the words “and also during such period was normally an employed contributor within the meaning of the National Health Insurance Acts” after the words “agricultural employment”, and

(b) the insertion in sub-section (3) of the said section of the words “or normally an employed contributor within the meaning of the National Health Insurance Acts” after the words “agricultural employment”.

Amendment of section 14 of the Principal Act.

10.—Sub-section (2) of section 14 of the Principal Act is hereby amended by the substitution of the words “during any period while the child in respect of whom such allowance is payable is under the appointed age and not otherwise” for the words “until the child in respect of whom such allowance is payable attains the appointed age and shall then cease”, and the said sub-section shall be construed and have effect accordingly.

Repeal of sections 15 and 18 of the Principal Act.

11.—(1) Sections 15 and 18 of the Principal Act are hereby repealed.

(2) This section shall come into operation on the appointed day.

Amendment of section 19 of the Principal Act.

12.—(1) Section 19 of the Principal Act is hereby amended by the deletion therefrom of all words following the word “shall” and the substitution therefor of the words “be payable to every widow”, and the Principal Act shall be construed and have effect accordingly.

(2) This section shall come into operation on the appointed day.

Amendment of section 21 of the Principal Act.

13.—(1) Section 21 of the Principal Act is hereby amended by the deletion of the word “sixty” and the substitution therefor of the word “fifty-five”, and the said section shall be construed and have effect accordingly.

(2) This section shall come into operation on the appointed day.

Amendment of section 22 of the Principal Act.

14.—(1) Sub-section (2) of section 22 of the Principal Act is hereby amended by the deletion therefrom of the word “fifty-nine” and the substitution therefor of the word “fifty-four” and by the deletion therefrom of the word “sixty” and the substitution therefor of the word “fifty-five”, and the said sub-section shall be construed and have effect accordingly.

(2) This section shall come into operation on the appointed day.

Amendment of section 23 of the Principal Act.

15.— Section 23 of the Principal Act is hereby amended by the insertion at the end of the said section of the following additional sub-section, and the Principal Act shall be construed and have effect accordingly, that is to say:—

“(4) Where a woman is in receipt of a widow's (non-contributory) pension and a change occurs in her net weekly means so that in accordance with this section—

(a) such pension should be increased, or

(b) such pension should be decreased, or

(c) such pension should cease,

such increase, decrease or cesser (as the case may be) shall operate as from the day in the week, prescribed as the day in the week on which weekly payments of widows' (non-contributory) pensions are to be made, occurring next after the decision by a deciding officer that such change has occurred.”

Amendment of section 24 of the Principal Act.

16.—(1) Section 24 of the Principal Act is hereby amended by the deletion therefrom of all words following the word “shall” and the substitution therefor of the words “be payable in respect of every orphan who is for the time being under the appointed age”, and the Principal Act shall be construed and have effect accordingly.

(2) This section shall come into operation on the appointed day.

Amendment of section 26 of the Principal Act.

17.— Section 26 of the Principal Act is hereby amended by the insertion at the end of the said section of the following additional sub-section, and the Principal Act shall be construed and have effect accordingly, that is to say:—

“(5) Where an orphan's (non-contributory) pension is payable in respect of any orphan and a change occurs in the net weekly means of such orphan so that in accordance with this section—

(a) such pension should be increased, or

(b) such pension should be decreased, or

(c) such pension should cease,

such increase, decrease or cesser (as the case may be) shall operate as from the day in the week, prescribed as the day in the week on which weekly payments of orphans' (non-contributory) pensions are to be made, occurring next after the decision by a deciding officer that such change has occurred.”

Amendment of section 29 of the Principal Act.

18.—(1) Nothing contained in section 29 of the Principal Act shall operate to prevent, in the case of a person resident for any period outside Saorstát Eireann—

(a) a pension being granted to or in respect of such person if a claim for such pension was made prior to such person becoming so resident, or

(b) a pension granted by virtue of the immediately preceding paragraph being paid for any period prior to (but net after) such person becoming so resident, or

(c) any arrears of a pension granted to or in respect of such person (being arrears due for a period prior to such person becoming so resident) being paid.

(2) In this section the word “pension” means a pension which is either a contributory pension or a non-contributory pension within the meaning of Part IV of the Principal Act.

Amendment of section 35 of the Principal Act.

19.—(1) Paragraphs (d) and (e) of sub-section (1) of section 35 of the Principal Act are hereby amended by the deletion in each paragraph of the words “one month” and the substitution therefor in each paragraph of the words “three months,” and the said sub-section shall be construed and have effect accordingly.

(2) The amendment of paragraphs (d) and (e) of sub-section (1) of section 35 of the Principal Act effected by this section shall not have effect in relation to a person who became entitled to a non-contributory pension or a contributory pension, within the meaning of Part IV of the Principal Act, before the date of the passing of this Act.

Amendment of section 36 of the Principal Act.

20.— Section 36 of the Principal Act is hereby amended by the insertion at the end of the said section of the following additional sub-section, and the Principal Act shall be construed and have effect accordingly, that is to say:—

“(2) Where the date on which any orphan's 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.”

Amendment of section 42 of the Principal Act.

21.—Sub-section (2) of section 42 of the Principal Act shall be construed and have effect as if the said sub-section provided for the payment into the Pensions Investment Account, out of moneys provided by the Oireachtas, in respect of the financial year ending on the 31st day of March, 1938, and in respect of each of the next seven succeeding years, of the annual sum of four hundred and fifty thousand pounds in lieu of the sum of two hundred and fifty thousand pounds mentioned therein.

Amendment of section 50 of the Principal Act.

22.— Section 50 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

(a) by the substitution of the words “arising on such claim or in relation thereto or in respect of any pension which has been granted” for the words “arising thereon or in relation thereto” in sub-section (1) of the said section, and

(b) by the insertion of the words “or a claim for a pension” after the word “pension” in sub-section (2) of the said section.

Amendment of section 57 of the Principal Act.

23.— Section 57 of the Principal Act is hereby amended by the insertion at the end of the said section of the following additional sub-section, and the Principal Act shall be construed and have effect accordingly, that is to say:—

“(5) Nothing contained in sub-section (4) of section 23 of this Act or in sub-section (5) of section 26 of this Act shall, in any case in which a pension has been paid as the result of any statement or representation (whether written or verbal) which is to the knowledge of the person making it false or misleading in any material respect, be construed as affecting the operation of this section.”

Time limit for prosecutions under section 58 of the Principal Act.

24.—A prosecution for an offence under section 58 of the Principal Act may be brought at any time within whichever of the following periods latest expires, that is to say:—

(a) three months from the date on which evidence sufficient in the opinion of the Minister to justify a prosecution for the offence comes to his knowledge, or

(b) twelve months after the commission of the offence,

and, for the purposes of paragraph (a) of this section, a certificate purporting to be signed by the Minister as to the date on which such evidence comes to his knowledge shall be conclusive evidence thereof.

Amendment of section 70 of the Principal Act.

25.—Sub-section (1) of section 70 of the Principal Act is hereby amended by the insertion of the words “or such later date as the Minister may in any particular ease determine” after the words “the second appointed day” where those words first occur in the said sub-section, and the said section shall be construed and have effect accordingly.

Amendment of section 72 of the Principal Act.

26.— Section 72 of the Principal Act is hereby amended by the deletion therefrom of the words “and as from that date shall be deemed not to be an insured person for the purposes of this Act.”

Amendment of section 75 of the Principal Act.

27.— Section 75 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

(a) by the deletion therefrom of the words “her yearly means exceed the amount entitling her to a pension at that rate” and the substitution therefor of the words “any of the statutory conditions within the meaning of the said Acts as to means, residence and nationality is not satisfied in the case of such woman”, and

(b) by the insertion at the end of the said section of the following additional sub-section, that is to say:—

“(2) Where, by virtue of this section, an old age pension under the Old Age Pensions Acts, 1908 to 1932, would, but for the provisions of section 5 of the Old Age Pensions Act, 1911, as amended by section 4 of the Old Age Pensions Act, 1932 (No. 18 of 1932), be payable to a woman, such pension shall, notwithstanding the said provisions, be payable to such woman if she is resident in an appointed country.”

Amendment of First Schedule to the Principal Act.

28.—(1) The several provisions of the First Schedule to the Principal Act mentioned in the first column of the Schedule to this Act are hereby respectively amended or otherwise dealt with in the manner stated in the second column of the said Schedule opposite the mention of each such provision in the said first column, and the Principal Act shall be construed and have effect accordingly.

(2) This section shall come into operation on the appointed day.

Exemption from stamp duty.

29.—(1) Stamp duty shall not be chargeable on any cheque, pay order, or other document by which a payment of widow's pension, orphan's pension or a child's allowance is made, nor on any receipt given for any such payment.

(2) In this section the expressions “widow's pension”, “orphan's pension” and “child's allowance” have the same meanings as such expressions respectively have in Part IV of the Principal Act.

Short title and citation.

30.—(1) This Act may be cited as the Widows' and Orphans' Pensions Act, 1937.

(2) The Widows' and Orphans' Pensions Acts, 1935 and 1936, and this Act may be cited together as the Widows' and Orphans' Pensions Acts, 1935 to 1937.

SCHEDULE.

Amendments of the First Schedule to the Principal Act.