Social Welfare Act, 1995

Orphans' pensions (definition and rate of payment).

20.—(1) Section 2 (1) of the Principal Act is hereby amended by the substitution for the definition of “orphan” of the following definition:

“‘orphan’ means a qualified child—

(a) both of whose parents are dead, or

(b) one of whose parents is dead, unknown, has abandoned or has refused or failed to provide for the child and whose other parent—

(i) is unknown, or

(ii) has abandoned or has refused or failed to provide for the child,

where that child is not normally residing with a step-parent or with a person who is married to and living with that step-parent;”.

(2) Section 149 of the Principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) An orphan's (non-contributory) pension shall be payable where—

(a) the weekly means of the claimant or beneficiary do not exceed £6, at the scheduled rate, and

(b) such weekly means exceed £6, at the scheduled rate reduced by £2 for each amount (if any) of £2 by which those weekly means exceed £6, any fraction of £2 in those weekly means being treated for this purpose as £2:

Provided that, if the rate calculated pursuant to this paragraph at which, but for this proviso, the pension would be payable is less than £2, the pension shall not be payable.”.

(3) Subsection (2) of this section shall come into operation on the 16th day of June, 1995.