Widows' and Orphans' Pensions Act, 1935

Excepted employments to which this Act applies.

4.—(1) In this Act the expression “excepted employment to which this Act applies” means an employment in respect of which the following conditions are complied with, that is to say:—

(a) either—

(i) is an employment which is an excepted employment, within the meaning of the National Health Insurance Acts, by virtue of a certificate given under paragraph (b) or (c) of Part II of the First Schedule to the National Insurance Act, 1911, or

(ii) is an employment under any local or other public authority which is excluded from Part I of the said First Schedule in pursuance of paragraph (e) of that Part (being the paragraph inserted by section 6 of the National Insurance Act, 1913), and

(b) is not an employment which is an excepted employment, within the meaning of the National Health Insurance Acts, by virtue of paragraph (g) of Part II of the said First Schedule, and

(c) is not an employment in respect of which an order is made by the Minister under sub-section (3) of this section.

(2) For the purposes of paragraph (b) of the immediately preceding sub-section, paragraph (g) of Part II of the First Schedule to the National Insurance Act, 1911, as amended by section 1 of the National Health Insurance Act, 1919, shall, in its application to any period before the 30th day of June, 1919, have effect as if in the said paragraph (g), as so amended, the words “one hundred and sixty pounds” were substituted for the words “two hundred and fifty pounds” wherever those words occur.

(3) Where the Minister is satisfied, as regards any employment in respect of which the conditions mentioned in paragraphs (a) and (b) of sub-section (1) of this section are complied with, that provision is made, by means of any statutory enactment or by other means approved by the Minister, for securing, in respect of the widows and children of men employed in such employment or in respect of the children of women employed in such employment, benefits on the whole not less favourable than the benefits conferred by this Act, the Minister may by order declare that such employment shall not be an excepted employment to which this Act applies.

(4) Section 66 of the National Insurance Act, 1911, shall, for the purposes of this Act, apply to any question whether any employment or class of employment is an excepted employment to which this Act applies or a particular class of excepted employment to which this Act applies, or whether a person was or is a person employed in such an excepted employment, and to any question as to who is or was the employer of a person employed in any such excepted employment, in like manner as if the question related to an employment within the meaning of the National Health Insurance Acts.