Widows' Orphans' and Old Age Contributory Pensions Act 1925

Publication Date:January 01, 1925
 
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Widows' Orphans' and Old Age Contributory Pensions Act, 1925

(15 & 16 Geo. 5.) CHAPTER 70.

An Act to make provision for pensions for widows, orphans, and persons between the ages of sixty-five and seventy, and for the payment of contributions in respect thereof; and to amend the enactments relating to health and unemployment insurance and old age pensions.

[7th August 1925]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contributory Pensions.

Contributory Pensions.

S-1 Contributory pensions for widows, orphans, and persons between the ages of 65 and 70.

1 Contributory pensions for widows, orphans, and persons between the ages of 65 and 70.

(1) Subject to the provisions of this Act relating to the payment of contributions (including payments out of moneys provided by Parliament) and otherwise, pensions shall be payable as follows, that is to say—

(a ) to the widow of an insured man a pension at the rate of ten shillings per week, with an additional allowance in respect of children while under the age hereinafter specified, at the rate of five shillings per week for the eldest or only such child, and three shillings per week for each other such child (in this Act called a ‘widow's pension’)

(b ) in respect of the orphan children while under the age hereinafter specified of an insured man or of an insured widow, a pension at the rate of seven shillings and sixpence per week for each such child (in this Act called an ‘orphan's pension’)

(c ) to an insured man or an insured woman who has attained the age of sixty-five but has not attained the age of seventy, and to the wife of an insured man who has attained the age of sixty-five (such wife having attained the age of sixty-five but not having attained the age of seventy) a pension at the rate of ten shillings per week (in this Act called an ‘old age pension’).

(2) The specified age in relation to any child shall be the age of fourteen or the age not exceeding sixteen up to which the child remains under full-time instruction in a day school.

(3) By way of contribution towards the cost of carrying this Act into effect there shall be paid such contributions as are hereinafter in this Act provided.

S-2 Meaning of ‘insured.’

2 Meaning of ‘insured.’

(1) In this Act, unless the context otherwise requires, the expression ‘insured’ means insured under the National Health Insurance Act, 1924 (in this Act referred to as the Insurance Act) or the Acts repealed by that Act, and in relation to any person who is deemed to be insured for the purposes of this Act, includes such a person; and the expression ‘insurance’ in relation to a person so deemed to be insured shall be construed accordingly.

(2) For the purposes of this Act, but not for any other purpose, a person insured under the Insurance Act shall be deemed to continue to be so insured during any period during which he is by virtue of subsection (4) of section twelve of the Insurance Act entitled to medical benefit.

(3) An exempt person and a person engaged in an excepted employment shall be deemed to be insured for the purposes of this Act in the circumstances and to the extent mentioned in this Act.

Widows and Orphans Pensions.

Widows and Orphans Pensions.

S-3 Widows pensions.

3 Widows pensions.

(1) Subject to the provisions of this Act, the widow of a person who dies after the commencement of this Act and who is insured at the date of his death but has not attained the age of seventy before the commencement of this Act shall, if the statutory conditions hereinafter mentioned are complied with, be entitled to a widow's pension

Provided that the widow of a man who had attained the age of sixty at the date of the marriage shall not, if the marriage takes place after the twenty-ninth day of April, nineteen hundred and twenty-five, be entitled to a widow's pension unless either—

(a ) there are or have been one or more children of the marriage; or

(b ) at the date of the death of her husband three years or more have elapsed since the date of the marriage; or

(c ) she was immediately before the marriage in receipt of a widow's pension.

(2) A widow's pension shall continue to be payable until the widow attains the age of seventy unless she re-marries before attaining that age, in which case the pension shall cease.

(3) An additional allowance shall, subject as hereinafter provided, be paid to the widow together with and as part of the pension:

Provided that, if for any reason other than the death of the widow, the widow's pension ceases to be payable before the expiration of the time during which an additional allowance is payable, such cesser shall not affect the continuance of the additional allowance.

S-4 Orphans pensions.

4 Orphans pensions.

(1) Subject to the provisions of this Act, an orphan's pension shall, if the statutory conditions hereinafter mentioned are complied with, be payable in respect of the orphan child—

(a ) of a man who, being a married man or a widower, dies after the commencement of this Act and is insured at the date of his death and has not attained the age of seventy before the commencement of this Act;

(b ) of a widow who dies after the commencement of this Act and is insured at the date of her death.

(2) Where an additional allowance is payable in respect of a child and the widow who was entitled to the widow's pension as part of which the additional allowance was or had been payable dies, an orphan's pension shall be payable in respect of the child; and where the wife of a man has predeceased him, and, if she had survived him and died immediately after she had become entitled to a widow's pension, an orphan's pension would under the foregoing provision of this subsection have been payable in respect of any child, an orphan's pension shall on the death of the man be payable in respect of that child.

(3) An orphan's pension shall, subject as hereinafter provided, be payable to the guardian or other person having the charge of the child.

S-5 Statutory conditions as to widows and orphans pensions.

5 Statutory conditions as to widows and orphans pensions.

5. The statutory conditions to be complied with in the case of a person in respect of whose insurance a widow's pension or an orphan's pension is payable are—

a ) that one hundred and four weeks have elapsed and one hundred and four contributions have been paid by or in respect of that person since the date of his entry into insurance; and
b ) where two hundred and eight weeks or more have elapsed since the date of the entry of that person into insurance, that the number of contributions paid, or deemed in accordance with regulations under this Act to have been paid, by or in respect of him for the three contribution years immediately prior to his death, or to the date on which contributions under the Insurance Act ceased to be payable by or in respect of him by reason of his age, as the case may be, represents on the average not less than twenty-six contributions calculated in the prescribed manner in respect of each of those three years.
S-6 Special provisions as to additional allowances and orphans pensions.

6 Special provisions as to additional allowances and orphans pensions.

(1) Where by order of any court any child in respect of whom an additional allowance is payable under this Act is or has before the commencement of this Act been removed from the custody of the person to whom the allowance is or would be payable, an orphan's pension shall be substituted for the additional allowance and shall be paid to the person in whose charge the child is or has been placed, or in such other manner as may from time to time be directed by order of the court.

(2) Where a representation is made to the Minister by the local authority or otherwise—

(a ) with reference to an additional allowance payable in respect of a child, that the widow or other person to whom the additional allowance is payable has deserted or abandoned or ceased to support the child, or has become disqualified for the time being from receiving a widow's pension and that it would be in the interests of the child that the additional allowance should be administered by the local authority or some other person for the benefit of the child;

(b ) with reference to an orphan's pension payable in respect of a child, that it would be in the interests of the child that it should be administered by the local authority or some other person for the benefit of the child;

the Minister, if satisfied that the allegations of the representation are true, and that it would be in the interests of the child so to do, may direct that the additional allowance or orphan's pension shall be paid to the person having the charge of the child or to any other person approved by the Minister or to the local authority, to be administered by such person or by the local authority for the benefit of the child:

Provided that, where the widow or other person to whom the additional allowance or orphan's pension is payable has not had an opportunity of presenting her case personally, or through some person appointed by her, to the local authority or a person appointed for the purpose by the local authority, the Minister (except where the widow or other person cannot be found, or is in prison, or in an asylum or other similar institution) shall, before giving any such direction, give the widow or such other person as aforesaid an opportunity of so presenting her case to a person appointed by him.

(3) Where the Minister is satisfied, on the application of a woman in receipt of an additional allowance as part of a widow's pension, or of any other person having the charge of a child in respect of whom an additional allowance or orphan's pension is payable, that the child is or is about to be placed in the...

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