S.I. No. 25/1953 - Social Welfare (Widows' and Orphans' (Non-Contributory) Pensions) (Application and Modification of Enactments) Regulations, 1953.

S.I. No. 25 of 1953.

SOCIAL WELFARE (WIDOWS' AND ORPHANS' (NON-CONTRIBUTORY) PENSIONS) (APPLICATION AND MODIFICATION OF ENACTMENTS) REGULATIONS, 1953.

The Minister for Social Welfare in exercise of the powers conferred on him by sections 3 and 121 of the Social Welfare Act, 1952 (No. 11 of 1952) and of all other powers enabling him in this behalf hereby makes the following Regulations :—

1. These Regulations may be cited as the Social Welfare (Widows' and Orphans' (Non-contributory) Pensions) (Application and Modification of Enactments) Regulations, 1953.

2.—(1) In these Regulations unless the context otherwise requires—)

" the Act " means the Social Welfare Act, 1952 (No. 11 of 1952).

" the Minister " means the Minister for Social Welfare.

" the Widows' and Orphans' Pensions Acts " means the Widows' and Orphans' Pensions Acts, 1935 to 1952.

(2) References in these Regulations to any enactment shall be construed as references to that enactment as amended or extended by any subsequent enactment, order or regulation.

3. Subsection (3) of section 29 of the Act shall be modified so that the said subsection shall read as set out in the First Schedule hereto and small apply as so modified to widows' and orphans' (non-contributory) pensions.

4. Article 12 of the Social Welfare (Claims and Payments) Regulations, 1952, ( S.I. No. 374 of 1952 ) shall be modified so that the said article shall read as set out in Part I of the Second Schedule hereto and shall apply as so modified to widows' and orphans' (non-contributory) pensions in substitution for section 31 of the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935).

5. section 31 of the Act and articles 5 and 6 of the Social Welfare (General Benefit) Regulations, 1953 ( S.I. No. 16 of 1953 ) shall be modified so that they shall read as set out in Part II of the Second Schedule hereto and shall apply as so modified to widows' and orphans' (non-contributory) pensions in substitution for subsection (1) of section 30 of the Widows' and Orphans' Pension Act, 1935.

GIVEN under the Official Seal of the Minister for Social Welfare this Ninth day of January, One Thousand Nine Hundred and Fifty-three.

SÉAMAS Ó RIAIN,

Minister for Social Welfare.

FIRST SCHEDULE.

Subsection (3) of section 29 of the Act :—

For the purposes of the Widows' and Orphans' Pensions Acts, any claim or notice made or sent by post shall be deemed to have been made or given on the day on which it was posted.

SECOND SCHEDULE.

PART I.

Article 12 of the Social Welfare (Claims and Payments) Regulations, 1952 :—

The right to any sum payable by way of widow's or orphan's (non-contributory) pension shall be extinguished where payment thereof is not obtained within three months, or where in any particular case the Minister so approves, six months from the date on which that sum is receivable under article 5 of the Widows' and Orphans' Pensions (Claims and Payments Regulations) Order, 1935 (S.R. & O., 1935, No. 678).

PART II.

Section 31 of the Act :—

(1) Except where regulations otherwise provide, a widow shall be disqualified for receiving a widow's (non-contributory) pension (including any child's (non-contributory) allowance) for any period during which she is undergoing penal servitude, imprisonment or detention in legal custody.

(2) Regulations may provide for the suspension of payment to or in respect of any widow during any such period as is mentioned in subsection (1) of this section which is excepted from the operation of that subsection or which is payable otherwise than in respect of that period.

(3) Notwithstanding a disqualification by virtue of subsection (1) of this section for receiving a pension which includes a child's (non-contributory) allowance, the child's (non-contributory) allowance shall, in such cases as may be prescribed, be paid to the prescribed person.

Articles 5 and 6 of the Social Welfare (General Benefit) Regulations, 1953 :—

5. —(1) The disqualification imposed on a widow by subsection (1) of section 31 of the Act for receiving a widow's (non-contributory) pension for any period during which she is undergoing detention in legal custody shall not apply, subject to the provisions of the next following sub-article, in respect of any period during which she (not being a criminal lunatic) is detained in any institution for the treatment of mental or infectious disease.

(2) Notwithstanding the provisions of the foregoing sub-article, subsection (1) of the said section 31 shall operate to disqualify for receiving a child's (non-contributory) allowance a widow who is detained in an institution for the treatment of mental disease.

(3) Subject to the provisions of sub-articles (1) and (2) of this article subsection (1) of the said section 31 shall not operate so as to disqualify a widow undergoing a period of penal servitude, imprisonment or detention in legal custody—

(a) for receiving a widow's (non-contributory) pension, if—

(i) the detention is in respect of her being charged with a criminal offence, and

(ii) the charge is subsequently withdrawn, or

(iii) she is acquitted of the offence, or

(b) for receiving a widow's (non-contributory) pension if, in a case of imprisonment, the imprisonment is undergone as the alternative to payment of a fine.

(4) Notwithstanding that a widow, by reason of undergoing a period of penal servitude, imprisonment or detention in legal custody is disqualified by virtue of subsection (1) of the said section 31 for receiving a widow's (non-contributory) pension or for receiving a child's (non-contributory) allowance, the child's (non-contributory) allowance shall be paid to any person appointed for the purpose by the Minister to receive and deal with any sums payable on account of such allowance for the benefit of the child in respect of whom the allowance is payable.

6.—(1) Subject to the provisions of sub-articles (1) and (4) of article 5 and of sub-article (2) of this article, the payment of any widow's (non-contributory) pension—

(a) which is excepted from the operation of subsection (1) of section 31 of the act by virtue of the provisions of the said article 5, or

(b) which is payable otherwise than in respect of a period during which the widow is undergoing penal servitude, imprisonment or detention in legal custody,

shall be suspended while the widow is undergoing penal servitude, imprisonment or detention in legal custody.

(2) A widow's (non-contributory) pension to which the foregoing sub-article applies may nevertheless be paid during any such period to any person appointed for the purpose by the Minister to receive and deal with any sums payable on behalf of the beneficiary.

(3) Where by virtue of sub-article (1) of this article payment of a widow's (non-contributory) pension is suspended for any period, the period of suspension shall not be taken into account in calculating any period under article 12 of the Social Welfare (Claims and Payments) Regulations, 1952.