Widows' and Orphans' Pensions Act, 1935

Date of commencement of pensions.

35.—(1) Subject to the provisions of this section, the following provisions shall have effect in relation to the dates on which pensions under this Act shall commence to accrue, that is to say:—

(a) a non-contributory pension shall not in any case commence to accrue on a date earlier than the first appointed day;

(b) a contributory pension shall not in any case commence to accrue on a date earlier than the second appointed day;

(c) where a person becomes entitled to a non-contributory pension on the first appointed day, the following provisions shall have effect, that is to say:—

(i) in case a claim thereto is made before the expiration of two months after the first appointed day, such pension shall commence to accrue on the first appointed day,

(ii) in any other case, such pension shall commence to accrue on the date on which the claim thereto is made;

(d) where a person becomes entitled to a non-contributory pension on a date after the first appointed day, the following provisions shall have effect, that is to say:—

(i) in case a claim thereto is made before the expiration of one month after such date, such pension shall commence to accrue on such date,

(ii) in any other case, such pension shall commence to accrue on the date on which the claim is made;

(e) where a person becomes entitled to a contributory pension, the following provisions shall have effect, that is to say:—

(i) in case a claim thereto is made before the expiration of one month after the date on which such person became entitled to such pension, such pension shall commence to accrue on such date,

(ii) where it is shown in any prescribed case that the failure to make a claim for a contributory pension within the time limited by the immediately preceding clause, was due to circumstances over which the claimant had no control, such pension shall commence to accrue on the date on which the claimant became entitled thereto,

(iii) in any other case, such pension shall commence to to accrue on the date on which the claim is made.

(2) Where the date on which a pension would begin to accrue under the immediately preceding sub-section is a day of the week other than a day prescribed as the day in the week on which the weekly payments on account of pensions of that class are to be made, the pension shall not begin to accrue until such prescribed day in the week occurring next after the first-mentioned date.