First Previous (PART V. Amendments of the Unemployment Assistance Acts, 1933 to 1940.) Next (Chapter II. Amendments of the Acts operative as from the 1st day of October, 1948.)

17 1948

SOCIAL WELFARE ACT, 1948

PART VI.

Amendments of the Widows' and Orphans' Pensions Acts, 1935 to 1947.

Chapter I.

Preliminary and General.

Commencement of Chapters II, III and IV of Part VI.

36. —(1) Chapter II of this Part shall come into operation on the 1st day of October, 1948.

(2) Chapter III of this Part shall come into operation on the 4th day of October, 1948.

(3) Chapter IV of this Part shall come into operation on the 7th day of January, 1949.

Interpretation of Part VI. Acts.

37. —(1) In this Part—

the expression “the Acts” means the Widows' and Orphans' Pensions Acts, 1935 to 1947;

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

(2) This Part shall be construed as one with the Acts.

Payment of child's (contributory) allowance in certain cases.

38. —(1) Notwithstanding anything contained in the Acts, where—

(a) the widow of a man remarries, and

(b) a child of such man is during any period—

(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,

payment may be made in accordance with the Acts during that period of an orphan's (contributory) pension in respect of such child, but such pension shall be at the same rate as the rate of the child's (contributory) allowance that would be payable if such widow had not remarried and such child were living with her.

(2) Notwithstanding anything contained in the Acts, where—

(a) the widow of a man remarries, and

(b) a child of such man is at the time of the marriage—

(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, and

(c) such widow subsequently resumes custody of the child,

payment of any child's (contributory) allowance that may be appropriate may be made in accordance with the Acts in respect of the child as from the time when custody of the child is resumed.

(3) This section shall be deemed to have come into operation on the 1st day of January, 1947.