Widows' and Orphans' Pensions Act, 1935

Rate of orphans' (contributory) pensions.

12.—(1) An orphan's (contributory) pension shall, subject to the provisions of this Act, be at the rate of seven shillings and six pence per week.

(2) Where the person in respect of whose insurance an orphan's (contributory) pension is payable was during the relevant period normally engaged in agricultural employment, the immediately preceding sub-section shall, during the period of five years commencing on the second appointed day, have effect in relation to the amount of such pension as if the words “six shillings” were substituted in the said sub-section for the words “seven shillings and six pence.”

(3) If any question arises under the immediately preceding sub-section whether any person was during the relevant period normally engaged in agricultural employment, the question shall be referred to the Minister whose decision shall be final.

(4) For the purposes of the two immediately preceding sub-sections—

(a) the expression “the relevant period” means, in relation to a person who died on or after the date on which he attained the age of seventy years, the period of three years immediately preceding the said date, but in calculating the said period of three years no account shall be taken of any unbroken period ending on the said date during which such person was incapable of work by reason of some specific disease or mental or bodily infirmity; and

(b) the expression “the relevant period” means, in relation to a person who died before he attained the age of seventy years, the period of three years immediately preceding the date of his death, but in calculating the said period of three years no account shall be taken of any unbroken period ending on the said date during which such person was incapable of work by reason of some specific disease or mental or bodily infirmity.