Widows' and Orphans' Pensions Act, 1935

Composition and rates of widows' (contributory) pensions.

10.—(1) A widow's (contributory) pension payable to the widow of an insured person shall, subject to the provisions of this Act, be as follows, that is to say:—

(a) if and so long as there are two or more children of such person alive and under the appointed age, such pension shall consist of—

(i) an allowance (in this Act referred to as the widow's (contributory) allowance) at the rate of ten shillings per week, and

(ii) an allowance (in this Act referred to as a child's (contributory) allowance), in respect of the eldest or elder of such children, at the rate of five shillings per week, and

(iii) an allowance (in this Act also referred to as a child's (contributory) allowance), in respect of, in case there are three or more such children, each of such children (other than the eldest) or, in case there are two such children only, the younger of such children, at the rate of three shillings per week;

(b) if and so long as there is one child only of such person alive and under the appointed age, such pension shall consist of—

(i) the widow's (contributory) allowance, and

(ii) an allowance (in this Act also referred to as a child's (contributory) allowance), in respect of such child, at the rate of five shillings per week;

(c) if there is no child of such person alive and under the appointed age, such pension shall consist of the widow's (contributory) allowance.

(2) Where the person in respect of whose insurance a widow's (contributory) pension is payable was during the relevant period normally engaged in agricultural employment, the immediately preceding sub-section shall, during the period of five years commencing on the second appointed day, have effect in relation to the amount of such pension as if there were substituted for the words “ten shillings” “five shillings” and “three shillings” wherever those words respectively occur in the said sub-section the words “eight shillings” “four shillings” and “two shillings and six pence” respectively.

(3) If any question arises under the immediately preceding sub-section whether any person was during the relevant period normally engaged in agricultural employment, the question shall be referred to the Minister whose decision shall be final.

(4) For the purposes of the two immediately preceding sub-sections—

(a) the expression “the relevant period” means, 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

(b) the expression “the relevant period” means, 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.