Social Welfare (No. 2) Act, 1974

Prisoner's wife's allowance.

9.—(1) An allowance (in this section referred to as a prisoner's wife's allowance) shall, subject to regulations, be paid out of moneys provided by the Oireachtas to a woman—

(a) whose husband, being a prisoner, has been committed in custody to a prison or place of detention for a period of not less than six calendar months,

(b) who has not attained pensionable age,

(c) who, if she is less than forty years of age, has at least one qualified child residing with her, and

(d) who satisfies the conditions as to means specified for the purposes of this subsection by regulations.

(2) The rate of a prisoner's wife's allowance shall be the same as the rate of the widow's (non-contributory) pension which would be payable to the woman under the Widows' and Orphans' Pensions Acts, 1935 to 1974, if her husband were dead.

(3) A child shall be a qualified child for the purposes of this section in relation to a woman if, on the assumption that her husband was dead, the child would be a qualified child in relation to her for the purposes of the Widows' and Orphans' Pensions Acts, 1935 to 1974.

(4) Any question relating to the normal residence of a qualified child shall, for the purposes of this section and the regulations thereunder, be decided in accordance with section 2 (6) of the Act of 1952 and the regulations under that subsection.

(5) The Minister may make regulations with respect to any matter relating to a prisoner's wife's allowance and such regulations may, in particular and without prejudice to the generality of the foregoing, apply (with or without modification), or make provisions corresponding (with or without modification) to, any provisions of or made under the Act of 1952 and the Acts amending and extending that Act.

(6) This section shall come into operation on the 4th day of July, 1974.