Widows' and Orphans' Pensions Act, 1935

Provisions where pension granted to person in receipt of outdoor relief.

55.—(1) Where—

(a) in respect of any period a public assistance authority has granted relief, otherwise than in an institution, to or on account of a person who, though entitled to a pension, is not at that time receiving payments on account thereof, and

(b) that relief is in excess of the amount which would have been granted to that person if he had been receiving payment on account of a pension, and

(c) any sum (in this sub-section referred to as the arrears) accruing in respect of any part of the said period on account of a pension subsequently becomes payable to that person, and

(d) such public assistance authority has, before the arrears are paid to that person, certified to the Minister the amount (in this sub-section referred to as the excess so paid by such public assistance authority in excess in respect of the period in respect of which the arrears accrued,

the Minister may reduce the arrears by an amount not exceeding the amount of the excess and shall, in such case, pay to such public assistance authority out of the Widows' and Orphans' Pensions Fund a sum equal to the amount by which the arrears are so reduced.

(2) This section shall extend to a case where any sum becomes subsequently payable on account of a child's (contributory) allowance, a child's (non-contributory) allowance, an orphan's (contributory) pension or orphan's (non-contributory) pension payable in respect of a child on account of whom any such relief as is mentioned in the immediately preceding sub-section has been granted in like manner as to a case where a sum on account of a pension becomes subsequently payable to a person to or on account of whom such relief as aforesaid has been granted, and shall apply in such a case subject to the necessary modifications.