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Death benefit—parents.
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20.—(1) A parent of the deceased shall be entitled to death benefit if, at the deceased's death, he or she was being wholly or mainly maintained by the deceased, or would but for the relevant accident have been so maintained.
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(2) In the case of a parent, the deceased having been at death a married person, death benefit shall be a pension at the weekly rate of twenty-four shillings.
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(3) In the case of a parent, the deceased having been at death a widower or widow or an unmarried person, death benefit shall be—
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(a) where the parent is the father—a pension at the weekly rate of ninety-five shillings in case he was, at the death of the deceased, incapable of self-support by reason of some physical or mental infirmity and likely to remain permanently so incapable and at the weekly rate of twenty-four shillings in any other case,
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(b) where the parent is the mother, having been, at the death of the deceased, a widow or having thereafter become a widow—a pension at the weekly rate of ninety-five shillings,
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(c) where the parent is the mother, not being a widow—a pension at the weekly rate of twenty-four shillings in case a pension at the weekly rate of ninety-five shillings under paragraph (a) of this subsection is payable to her husband and at the weekly rate of ninety-five shillings in any other case.
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(4) Where a person to whom a pension at the weekly rate of ninety-five shillings under paragraph (a) of the foregoing subsection is payable ceases at any time to be incapable of self-support by reason of some physical or mental infirmity, the pension shall thereafter be payable at the weekly rate of twenty-four shillings and, if at that time a pension at the weekly rate of twenty-four shillings under paragraph (c) of that subsection is payable to his wife, that pension shall thereafter be payable at the weekly rate of ninety-five shillings.
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(5) Where a parent was partly maintained by each of two or more insured persons who have died as a result of accidents arising out of and in the course of their employments, being insurable (occupational injuries) employments, the parent may be treated for the purposes of this section as having received from the last of those insured persons to die contributions to his or her maintenance equal to the aggregate amount which those insured persons were together contributing before the accident happened, and as having received nothing from the other or others.
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(6) A pension under this section payable to a woman who, at the deceased's death, was a widow or an unmarried woman shall not be payable for any period after her remarriage or marriage.
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(7) A widow or an unmarried woman shall be disqualified for receiving a pension under this section if and so long as she and any person are cohabiting as man and wife.
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(8) (a) In the foregoing subsections of this section “parent”—
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(i) if the deceased was adopted pursuant to the provisions of the Adoption Acts, 1952 and 1964, shall be taken as referring to the adopters or the adopter, and
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(ii) includes a stepparent,
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and “father” and “mother” shall be construed accordingly.
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(b) Subject to subparagraph (i) of the foregoing paragraph, in the foregoing subsections of this section “parent”, if the deceased was illegitimate, shall be taken as referring to the mother of the deceased.
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