Social Welfare Act, 1948

Payment of child's (contributory) allowance in certain cases.

38.—(1) Notwithstanding anything contained in the Acts, where—

(a) the widow of a man remarries, and

(b) a child of such man is during any period—

(i) detained in a reformatory or industrial school, or

(ii) in pursuance of an order of a court, in the custody of some person other than such widow, or

(iii) deserted or abandoned by such widow, or

(iv) resident in an institution or boarded out by a public assistance authority,

payment may be made in accordance with the Acts during that period of an orphan's (contributory) pension in respect of such child, but such pension shall be at the same rate as the rate of the child's (contributory) allowance that would be payable if such widow had not remarried and such child were living with her.

(2) Notwithstanding anything contained in the Acts, where—

(a) the widow of a man remarries, and

(b) a child of such man is at the time of the marriage—

(i) detained in a reformatory or industrial school, or

(ii) in pursuance of an order of a court, in the custody of some person other than such widow, or

(iii) deserted or abandoned by such widow, or

(iv) resident in an institution or boarded out by a public assistance authority, and

(c) such widow subsequently resumes custody of the child,

payment of any child's (contributory) allowance that may be appropriate may be made in accordance with the Acts in respect of the child as from the time when custody of the child is resumed.

(3) This section shall be deemed to have come into operation on the 1st day of January, 1947.