Ministerial and Parliamentary Offices Act, 1938

Pensions and allowances to widows and children of deceased holders of qualifying offices.

20.—(1) Where—

(a) a person, who died before the date of the passing of this Act but did not hold a qualifying office at the date of his death, would, if this Act had been in force at that date, have been entitled at that date to a pension, or

(b) a person, who died before the date of the passing of this Act and held a qualifying office at the date of his death, would, if this Act had been in force at that date and he had ceased to hold such office on that date, have been entitled at that date to a pension, or

(c) a person, who died on or after the date of the passing of this Act but did not hold a qualifying office at the date of his death, was at that date entitled to a pension, or

(d) a person, who died on or after the date of the passing of this Act and held a qualifying office at the date of his death, would, if he had ceased to hold such office on that date, have been entitled at that date to a pension,

the following provisions shall, subject to the provisions of this Act, have effect, that is to say:—

(e) the widow of such person shall, unless such person died before the date of the passing of this Act and she has re-married, be entitled to receive a pension (in this Act referred to as a widow's pension) of an amount equal to half the amount of the pension to which such person would have been so entitled or was entitled (as the case may be);

(f) each child of such person who is for the time being a minor shall, during his or her minority, be entitled to receive—

(i) in case the mother of such child survives such person, an allowance (in this Act referred to as a child's allowance) at the rate of £30 per annum, increasable, in the event of such widow dying during such minority, as from the date of her death, to £50 per annum,

(ii) in case the mother of such child does not survive such person, an allowance (in this Act also referred to as a child's allowance) at the rate of £50 per annum;

(g) in case such person died before the date of the passing of this Act and did not hold a qualifying office at the date of his death, any child, who is not the child or step-child of such person and was, during the period commencing on the date on which such person last ceased to hold a qualifying office and ending on the date of his death, living with and supported and maintained by such person, and is for the time being a minor, shall, during his or her minority, be entitled to receive—

(i) in case such person leaves a widow, an allowance (in this Act referred to as a child's allowance) at the rate of £30 per annum, increasable, in the event of such widow dying during such minority, as from the date of her death, to £50 per annum,

(ii) in case such person leaves no widow, an allowance (in this Act also referred to as a child's allowance) at the rate of £50 per annum.

(2) No widow's pension shall be payable to the widow of a person unless their marriage took place either while he held a qualifying office or previous to a period during which he held a qualifying office.

(3) No child's allowance under paragraph (f) of sub-section (1) of this section shall be payable to the child of a person who held a qualifying office unless the marriage of which such child is the issue took place either while such person held a qualifying office or previous to a period during which such person held a qualifying office.

(4) Every widow's pension shall terminate upon the re-marriage of the person to whom such pension is granted.

(5) For the purposes of this section, the minority of a child who is a female shall be deemed to terminate, in case she marries under the age of twenty-one years, upon her marriage.

(6) In this section the word “pension” when used without qualification means a pension which is either a ministerial pension or a secretarial pension.

(7) The following provisions shall have effect in respect of any widow's pension or child's allowance payable in respect of a deceased person, that is to say:—

(a) if such person dies before the date of the passing of this Act, such pension or allowance shall commence to be payable—

(i) in case an application therefor is duly made not later than six months after such date, as on and from the 1st day of April, 1938, or the day next following the date of the death of such person, whichever day is the later, or

(ii) in any other case, as on and from the date on which the application therefor is duly made;

(b) if such person dies on or after the date of the passing of this Act, such pension or allowance shall commence to be payable—

(i) in case an application therefor is duly made not later than six months after the date of such person's death, as on and from the day following such date, or

(ii) in any other case, as on and from the date on which the application therefor is duly made.

(8) Where provision has been made by any Saorstát Eireann statute for the payment, out of the Central Fund or out of moneys provided by the Oireachtas, of any sum or sums, whether by way of grant, annuity or otherwise, to or for the benefit of the widow or any child of a person who was the holder of a ministerial office, no widow's pension shall be payable to such widow nor shall any child's allowance be payable to such child.

(9) A widow's pension shall, for the purposes of sub-section (1) of section 8 of the Military Service Pensions Act, 1924 (No. 48 of 1924), or sub-section (1) of section 20 of the Military Service. Pensions Act, 1934 (No. 43 of 1934), be deemed not to be a pension or allowance payable out of public moneys.