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17 1948

SOCIAL WELFARE ACT, 1948

Chapter II.

Amendments of the Acts operative as from the 1st day of October, 1948.

Amendment of section 13 of the Principal Act.

39. —In paragraph (c) of subsection (1) of section 13 of the Principal Act the words “or the five contribution years” shall be inserted after the words “the three contribution years” and the words “or five years (as the case may be)” shall be inserted at the end of the paragraph after the words “three years”.

Interpretation of Part II of the Principal Act.

40. —(1) There shall be inserted in Part II of the Principal Act the following new section:—

“8a.—(1) In this Part—

the expression ‘urban area’ means any area being—

(a) a county or other borough, or

(b) an urban district, or

(c) a town;

the expression ‘rural area’ means any area which is not an urban area.

(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.

(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—

(a) in case such person was at any time resident in the State, the place in the State in which such person last resided,

(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.

(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.

(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.

(c) In this subsection the expression ‘the relevant period’ means—

(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

(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.”

(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.

Composition and rates of widows' (contributory) pensions.

41. —The following section shall be inserted in the Principal Act in lieu of section 10—

“10.—(1) In this section the expression ‘qualified child’ means, in relation to an insured person, a child of that person who is alive and is for the time being under the appointed age.

(2) A widow's (contributory) pension payable to the widow of an insured person (being a widow of the class mentioned in column (2) of the Table to this section at any reference number) shall, subject to the provisions of this Act, be as follows—

(a) if and so long as there is or are any qualified child or children of such person, such pension shall consist of—

(i) an allowance (in this Act referred to as a widow's (contributory) allowance) in respect of the widow at the rate set out in column (3) of the said Table at that reference number, and

(ii) an allowance (in this Act referred to as a child's (contributory) allowance) in respect of each qualified child at the rate set out in column (4), (5), (6), (7), (8) or (9) (whichever is applicable) of the said Table at that reference number,

(b) if there is no qualified child of such person, such pension shall consist of an allowance in respect of the widow at the rate set out in column (3) of the said Table at that reference number.

Table to Section 10.

Weekly Rates of Widows' (Contributory) Pensions.

Ref. No.

Class

Widow's (Contributory) Allowance Rate per week

Child's (Contributory) Allowance Rate per week

First or only qualified child

Second qualified child

Third qualified child

Fourth qualified child

Fifth or sixth qualified child

Each other qualified child

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

s.

d.

s.

d.

s.

d.

s.

d.

s.

d.

s.

d.

s.

d.

1

Widow resident in an urban area where the person, in respect of whose insurance the pension is payable, was not an agricultural worker.

16

0

6

6

5

6

3

6

5

0

5

6

5

6

so long as the widow's (contributory) allowance is payable. 7s. 6d. on cesser of said allowance.

so long as the widow's (contributory) allowance is payable. 5s. 6d. on cesser of said allowance.

so long as the widow's (contributory) allowance is payable. 5s. 6d. on cesser of said allowance.

2

Widow resident in an urban area where the person, in respect of whose insurance the pension is payable, was an agricultural worker.

14

0

6

0

6

0

4

0

4

0

4

0

5

0

3

Widow resident in a rural area where the person, in respect of whose insurance the pension is payable, was not an agricultural worker.

16

0

6

6

4

6

4

6

4

6

4

6

4

6

4

Widow resident in a rural area where the person, in respect of whose insurance the pension is payable, was an agricultural worker.

12

6

5

6

4

0

4

0

4

0

4

0

4

0

Rates of orphans' (contributory) pensions.

42. —The following section shall be inserted in the Principal Act in lieu of section 12:—

“12.—An orphan's (contributory) pension in respect of a child of the class mentioned in column (2) of the Table to this section at any reference number shall be at the rate set out in column (3) of the said Table at that reference number.

Table to Section 12.

Rates of Orphans' Contributory Pensions.

Ref. No.

Class

Weekly rate of Pension

(1)

(2)

(3)

s.

d.

1

A child resident in an urban area where the person, in respect of whose insurance the pension is payable, was not an agricultural worker

10

0

2

A child resident in an urban area where the person, in respect of whose insurance the pension is payable, was an agricultural worker

8

6

3

A child resident in a rural area where the person, in respect of whose insurance the pension is payable, was not an agricultural worker

9

0

4

A child resident in a rural area where the person, in respect of whose insurance the pension is payable, was an agricultural worker

7

6

Saving for certain existing pensioners.

43. —No person, who was immediately before the 1st day of October, 1948, entitled to a contributory pension and of a supplement thereto under the Order of 1947, shall, on or after the 1st day of October, 1948, receive less by way of contributory pension than she would have received if this Act had not been passed and the Order of 1947 had continued in force.

Provisions in respect of home assistance to persons in receipt of contributory pensions.

44. —(1) In granting home assistance to a person in receipt of or entitled to a contributory pension, a public assistance authority shall not take into account such pension, except so far as it exceeds ten shillings a week.

(2) Section 54 of the Principal Act shall cease to apply in respect of a person in receipt of or entitled to a contributory pension.