Widows' and Orphans' Pensions Act, 1935

FIRST SCHEDULE.

Rules for Determining Net Weekly Means of Widows and Orphans for the Purposes of Part III of this Act.

Annual means.

1.—(1) In the calculation of the annual means of a person for the purpose of this Schedule the following things and no others shall be deemed to constitute the means of such person, that is to say:—

(a) the yearly value ascertained in the prescribed manner of all property belonging to such person (not being property personally used or enjoyed by him) which is invested or is otherwise put to profitable use or is capable of being but is not invested or put to profitable use;

(b) all income (in this Schedule referred to as annual earned income) which such person received during the year immediately preceding the date of calculation under the following heads:—

(i) the net cash value of any income derived from the personal exertions of such person,

(ii) any moneys received by way of sickness or disablement benefit under the National Health Insurance Acts or from a friendly society or a trade union,

(iii) any moneys received by way of unemployment benefit under the Unemployment Insurance Acts, 1920 to 1933;

(c) all income which such person may reasonably expect to receive during the succeeding year in cash, but excluding—

(i) any income or money coming under any other paragraph of this Rule,

(ii) the net cash value of any income derived from the personal exertions of such person,

(iii) any moneys received by way of sickness or disablement benefit under the National Health Insurance Acts, or from a friendly society or a trade union,

(iv) any moneys received by way of unemployment benefit under the Unemployment Insurance Acts, 1920 to 1933,

(v) any moneys received by way of pension under this Act;

(d) the yearly value ascertained in the prescribed manner of any advantage accruing to such person from the use of property (other than furniture and personal effects) which is personally used or enjoyed by such person;

(e) all income and the yearly value ascertained in the prescribed manner of all property of which such person has directly or indirectly deprived herself in order to qualify herself for the receipt of a widow's (non-contributory) pension.

(2) For the purposes of paragraph (c) of the immediately preceding sub-rule, the income of a person shall, in the absence of other means for ascertaining it, be taken to be the income actually received during the year immediately preceding the date of calculation.

Weekly means and weekly earned means.

2.—(1) For the purposes of these Rules—

(a) the weekly means of a person shall be the annual means of such persons calculated under Rule 1 of this Schedule divided by fifty-two;

(b) the weekly earned means of a person shall be the annual earned income of such person divided by fifty-two.

(2) For the purposes of this Rule—

(a) the annual means of a widow who has any child or children under the appointed age shall be deemed to include the annual means (if any) of such child or children;

(b) the earned means of a widow who has any child or children under the appointed age shall be deemed to include the annual earned income (if any) of such child or children.

(3) References in this and the next following Rule to the child or children of a widow shall be construed as references to the child or children (as the case may be) of the man who was the husband of such widow.

The appropriate sum in relation to a widow.

3.—In this Schedule the expression “the appropriate sum” means—

(1) in relation to a widow who has no children under the appointed age or a widow whose weekly means are neither wholly nor partly earned weekly means—

(a) if she resides in a county borough

5s. 0d.

(b) if she resides in an urban area

4s. 0d.

(c) if she resides in a rural area

3s. 0d.

(2) in relation to a widow whose weekly means are wholly earned weekly means and who has three or more children under the appointed age—

(a) if she resides in a county borough

12s. 6d.

(b) if she resides in an urban area

10s. 9d.

(c) if she resides in a rural area

9s. 0d.

(3) in relation to a widow whose weekly means are wholly earned weekly means and who has two children only under the appointed age—

(a) if she resides in a county borough

10s. 0d.

(b) if she resides in an urban area

8s. 6d.

(c) if she resides in a rural area

7s. 0d.

(4) in relation to a widow whose weekly means are wholly earned weekly means and who has one child only under the appointed age—

(a) if she resides in a county borough

7s. 6d.

(b) if she resides in an urban area

6s. 3d.

(c) if she resides in a rural area

5s. 0d.

(5) in relation to a widow whose weekly means are partly earned weekly means and who has three or more children under the appointed age—

(a) if she resides in a county borough—

(i) 5s. and

(ii) in case her said earned weekly means are less than 7s. 6d. her said earned weekly means or, in any other case, 7s. 6d.,

(b) if she resides in an urban area—

(i) 4s. and

(ii) in case her said weekly earned means are less than 6s. 9d. her said earned weekly means or, in any other case, 6s. 9d.,

(c) if she resides in a rural area—

(i) 3s. and

(ii) in case her said earned weekly means are less than 6s. her said earned weekly means or, in any other case, 6s.,

(6) in relation to a widow whose weekly means are partly earned weekly means and who has two children only under the appointed age—

(a) if she resides in a county borough—

(i) 5s. and

(ii) in case her said earned weekly means are less than 5s. her said earned weekly means or, in any other case, 5s.,

(b) if she resides in an urban area—

(i) 4s. and

(ii) in case her said earned weekly means are less than 4s. 6d. her said earned weekly means or, in any other case, 4s. 6d.,

(c) if she resides in a rural area—

(i) 3s. and

(ii) in case her said earned weekly means are less than 4s. her said earned weekly means or, in any other case, 4s.,

(7) in relation to a widow whose weekly means are partly earned weekly means and who has one child only under the appointed age—

(a) if she resides in a county borough—

(i) 5s. and

(ii) in case her said earned weekly means are less than 2s. 6d. her said earned weekly means or, in any other case, 2s. 6d.,

(b) if she resides in an urban area—

(i) 4s. and

(ii) in case her said earned weekly means are less than 2s. 3d. her said earned weekly means or, in any other case, 2s. 3d.,

(c) if she resides in a rural area—

(i) 3s. and

(ii) in case her said earned weekly means are less than 2s. her said earned weekly means or, in any other case, 2s.

The appropriate sum in relation to an orphan child.

4.—In this Schedule the expression “the appropriate sum” in relation to an orphan child means three shillings.

Net weekly means.

5.—(1) Where the weekly means of a person are equal to or less than the appropriate sum, the net weekly means of such person shall for the purposes of this Act be nil.

(2) Where the weekly means of a person exceed the appropriate sum, the net weekly means of such person shall for the purposes of this Act be the excess.