Insurance Act, 1936

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Assurances on lives of children under the age of ten years.

51.—(1) Notwithstanding anything contained in the Life Assurance Act, 1774 , as extended by the Life Insurance (Ireland) Act, 1866 , it shall be lawful for an industrial assurance company to issue policies of industrial assurance on the life of a child under the age of ten years if, but only if, such policies are issued to a parent, grandparent, step-parent, brother, or sister of such child or to an uncle or aunt of such child if such child resides with such uncle or aunt at the time when the policy is effected.

(2) Subject to the provisions of this section, it shall not be lawful for an industrial assurance company to pay or undertake liability, by the issue of a policy or otherwise, to pay on the death of a child, under the age of ten years, any sum of money which, when added to the amount or the aggregate of the several amounts payable on the death of such child by another or other industrial assurance company or companies, exclusive of bonus or free paid-up policies, exceeds—

(a) if such child dies under the age of three years, the sum of six pounds, or

(b) if such child dies aged three years or more but less than six years, the sum of ten pounds, or

(c) if such child dies aged six years or more but less than ten years, the sum of fifteen pounds.

(3) In calculating in relation to any particular child the sum of money which is the maximum under the next preceding sub-section of this section, no account shall be taken of any repayment on the death of such child of premiums paid in respect of an endowment or endowment assurance policy.

(4) Subject to the provisions of this section, it shall not be lawful for an industrial assurance company to pay (otherwise than in respect of repayment of premiums paid on foot of and under an endowment or endowment assurance policy) any sum which becomes payable by such industrial assurance company on the death of a child dying under the age of ten years unless—

(a) such sum is paid under a policy which was effected on the life of such child and for which such company is liable, and

(b) such sum is paid either to the person who effected such policy or the personal representative of such person, or where there is no such personal representative, to one of the next-of-kin of such person who satisfies such industrial assurance company that he has defrayed or will defray the funeral expenses of such child, and

(c) except in the case of a free paid-up policy the person to whom such sum is paid produces to such industrial assurance company, before receiving such payment, a certificate of the death of such child issued by a registrar of deaths and complying with the provisions of the next following sub-section of this section.

(5) The following provisions shall have effect in relation to every certificate of death issued by a registrar of deaths where such certificate is applied for for the purpose of obtaining payment from an industrial assurance company of a sum of money payable by such company in pursuance of the next preceding sub-section of this section, that is to say:—

(a) the name of such industrial assurance company and the amount of the said sum of money shall be stated to such registrar of deaths by the applicant for such certificate;

(b) such registrar of deaths shall number consecutively every such certificate issued by him in respect of the death of the same child;

(c) such registrar of deaths shall write on every such certificate the words “To be produced to _________ said to be liable for payment of the sum of _________, exclusive of bonus or free paid-up policies,” the name of such industrial assurance company and the amount of the said sum of money respectively being inserted in the blank spaces in the foregoing form of words;

(d) the amount stated in any such certificate or certificates in pursuance of the next preceding paragraph of this sub-section shall not exceed in the whole the maximum sum, fixed by the first sub-section of this section, which is applicable to such child;

(e) such registrar of deaths shall not issue any such certificate unless there has been produced to such registrar on the registration of the death of the child to whom such certificate relates either the certificate of a coroner or of the registered medical practitioner who attended such child during his last illness stating the cause of the death of such child, or the certificate of a registered medical practitioner stating the probable cause of such death, or some other evidence, satisfactory to such registrar, of the cause of such death;

(f) if such certificate does not purport to be the first such certificate issued in respect of the child named therein, such industrial assurance company shall, before paying any money in respect of the death of such child, ascertain, as nearly as may be and by such inquiries as it thinks proper, the sums paid or payable by other industrial assurance companies in respect of such death and shall, in complying with the restrictions imposed by this section on the amount payable by an industrial assurance company, have regard to the sums so paid or payable, but shall disregard sums paid or payable on foot of bonus or free paid-up policies or in respect of the repayment of premiums paid on foot of endowment and endowment assurance policies.

(6) This section shall apply to payments under any policy (save as hereinafter mentioned) of assurance issued by an industrial assurance company whether the premiums on such policy are payable at intervals greater than, equal to, or less than two months, but shall not apply to payments under a policy effected by a person who had, when such policy was effected, an insurable interest in the life of the child to which such policy relates.

(7) For the purposes of this section a certificate of the death of a child dying under the age of ten years shall on application being made to a registrar of deaths in such form and manner as may be approved by the Registrar-General of Births, Deaths and Marriages, be issued by such registrar on payment of a sum not exceeding one shilling and such sum shall be in lieu of all other fees otherwise payable to or chargeable by such registrar in respect of such certificate.

(8) Whenever any application in the form and manner mentioned in the next preceding sub-section of this section is made for the purposes of this section to a registrar of deaths for more than one certified copy of the entry of the death of a child dying under the age of ten years every such certified copy (other than the first such copy) issued by such registrar in pursuance of such application shall be issued by such registrar on payment of a sum not exceeding six pence and such sum shall be in lieu of all other fees otherwise payable to or chargeable by such registrar in respect of every such copy other than the first such copy.

(9) Whenever a registrar of deaths is required by any person who applies to him for the purposes of this section for a certificate or certificates of the death of a child dying under the age of ten years to fill up the application mentioned in the two next preceding sub-sections of this section, such registrar may demand and take from such person a sum not exceeding threepence for so filling up such application.

(10) In this section, the expression “registrar of deaths” includes an assistant-registrar of deaths and any other person having custody of a register of deaths, and the expression “certificate of the death” means a certified copy of the entry of a death entered or registered in any register of deaths in the custody of a registrar of deaths.