Widows' and Orphans' Pensions Act, 1935
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Statutory conditions as to widows' (contributory) pensions and orphans' (contributory) pensions. |
13.—(1) The statutory conditions to be complied with in the case of a person in respect of whose insurance a widow's (contributory) pension or an orphan's (contributory) pension is payable, are:— | |
(a) that one hundred and four weeks have elapsed since the date of the last entry of such person into insurance, and | ||
(b) that one hundred and four contributions under this Act have been paid by or in respect of such person since the date of the last entry of such person into insurance, and | ||
(c) that, where two hundred and eight weeks or more have elapsed between the date on which that person entered into insurance and the date on which he died or on which contributions under the National Health Insurance Acts ceased to be payable by or in respect of him by reason of his age, whichever was the earlier, the number of contributions under this Act paid or deemed in accordance with regulations made under this Act to have been paid by or in respect of him for the three contribution years immediately prior to, in case he died under the age of seventy years, his death or, in any other case, his attainment of the age of seventy years represents on the average not less than twenty-six contributions under this Act calculated in the prescribed manner in respect of each of those three years. | ||
(2) Where at or within the prescribed time before the second appointed day a person is or was employed in an excepted employment to which this Act applies then for the purposes of sub-section (1) of this section— | ||
(a) contributions under this Act shall be deemed to have been paid in respect of him for every week before the second appointed day during which he was continuously so employed; | ||
(b) every such week shall be deemed to be a week which has elapsed since the date of his last entry into insurance. | ||
(3) Contributions paid before the second appointed day under the National Health Insurance Acts shall, for the purposes of this section, be treated as contributions under this Act. | ||
(4) Contributions deemed to have been paid before the second appointed day under the National Health Insurance Acts shall, for the purposes of paragraph (c) of sub-section (1) of this section but not further or otherwise, be treated as contributions under this Act. | ||
(5) Subject to the provisions of any regulations made by the Minister under the provisions of Part VII of this Act relating to regulations, in determining for the purposes of a claim to a widow's (contributory) pension or an orphan's (contributory) pension whether the statutory conditions mentioned in this section have been complied with, no account shall be taken of contributions under this Act paid after the death of the person in respect of whose insurance the pension is claimed. |