Social Welfare (Widows' and Orphans' (Contributory) Pensions) (Transitional) Regulations, 1953.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Social Welfare (Widows' and Orphans' (Contributory) Pensions) (Transitional) Regulations, 1953.
2 Commencement
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paragraphs: These Regulations shall come into operation on the 5th day of January, 1953.
3 Interpretation.
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paragraphs: —(1) In these Regulations unless the context otherwise requires :
" the Act " means the Social Welfare Act, 1952 ;
" the Minister " means the Minister for Social Welfare ;
" the appointed day " means the 5th day of January, 1953 ;
" the Widows' and Orphans' Pensions Acts " means the Widows' and Orphans' Pensions Acts, 1935 to 1952.
" pension " when used in relation to the Widows' and Orphans' Pensions Acts means a widow's or orphan's (contributory) pension ;
" allowance " when used in relation to the said Acts means a contributory allowance ;
" existing pensions contributor " means any person who was, or was deemed to be or treated as, an insured person under the Widows' and Orphans' Pensions Acts on the day immediately preceding the appointed day ;
" existing pensions beneficiary " means any person to or in respect of whom immediately before the appointed day any pension or allowance is, or would, but for any disqualification be payable under or by virtue of the Widows' and Orphans' Pensions Acts ;
(2) References in these Regulations to any enactment shall include a reference to such enactment as amended or extended by any subsequent enactment, order or regulation.
4 Existing pensions contributors, and existing beneficiaries.
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paragraphs: The provisions of the Act and the orders and regulations for the time being in force thereunder shall have full force and effect in relation to existing pensions contributors and existing beneficiaries subject to the modifications contained in these Regulations.
PART I. EXISTING PENSIONS CONTRIBUTORS.
5 Conversion of contributions paid under the Widows' and Orphans' Pensions Acts for purposes of the basic test for widow's (contributory) pension.
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paragraphs: In determining whether the contribution condition for widow's (contributory) pension contained in sub-paragraph (a) of paragraph 4 of the Fourth Schedule to the Act has been satisfied in respect of an existing pensions contributor, every two contributions paid by or in respect of such contributor under the Widows' and Orphans' Pensions Acts since the date of such contributor's last entry into insurance under the said Acts shall be treated as three employment contributions paid under The act, and any odd contribution under the Widows' and Orphans' Pensions Acts shall be treated as two employment contributions paid under the Act.
6 Conversion of contributions paid or excused or treated as paid under the Widows' and Orphans' Pensions Acts for purposes of the average test.
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paragraphs: For the purposes of sub-paragraph (b) of paragraph 4 of the Fourth Schedule to the Act the following provisions shall have effect in relation to an existing pensions contributor—
(a) in determining whether the contribution condition for widows' (contributory) pension contained in the said sub-paragraph has been satisfied every two contributions paid or excused or deemed to have been or treated as paid by or in respect of such contributor under the Widows' and Orphans' Pensions Acts since the date of such contributor's last entry into insurance under the said Acts shall be treated as three contributions paid or credited under the Act and any odd contribution under the Widows' and Orphans' Pensions Acts shall be treated as two contributions paid or credited under the Act ;
(b) any period which is a period of insurance for the purposes of the said Acts commencing with the date of such contributor's last entry into insurance under the said Acts shall be treated as a period of insurance under the Act and contribution years in any such period shall be treated as contribution years under the Act but in relation to a male existing pensions contributor the period from the 2nd day of July, 1951 to the 4th day of January, 1953, shall be treated as one contribution year ;
(c) where the date of last entry into insurance under the said Acts of a male existing pensions contributor occurred subsequent to the 4th day of July, 1949, a contribution under the said Acts shall for the said purposes and for the purposes of paragraph (a) of this article be deemed to have been paid by him for each week from the week preceding that of his last entry to the commencement of the contribution year in which his said last entry occurred, where such contribution year is the first of the three contribution years over which the average is to be taken, and the date of his said last entry shall be regarded as the date of commencement of the said contribution year ;
(d) where the date of last entry into insurance under the said Acts of a male existing pensions contributor occurred subsequent to the 7th day of July, 1947, a contribution under the said Acts shall for the said purposes and for the purposes of paragraph (a) of this article be deemed to have been paid by him for each week from the week preceding that of his said last entry to the commencement of the contribution year in which his said last entry occurred, where such contribution year is the first of the five contribution years over which the average is to be taken, and the date of his said last entry shall be regarded as the date of commencement of the said contribution year.
7 Conversion of contributions paid under the Widows' and Orphans' Pensions Acts for purposes of entitlement to orphan's (contributory) allowance
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paragraphs: In determining whether the contribution condition for orphan's (contributory) allowance contained in paragraph 5 of the Fourth Schedule to the Act has been satisfied in respect of an existing pensions contributor, every contribution paid by or in respect of such contributor under the Widows' and Orphans' Pensions Acts since the date of such contributor's last entry into insurance under the said Acts shall be treated as a contribution paid under the Act.
8 Non-application of articles 5 and 6.
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paragraphs: Articles 5 and 6 of these Regulations shall not apply in relation to a death occurring before the appointed day.
9 Provisions in relation to certain persons absent from the State.
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paragraphs: —(1) (a) In this article—
(i) the " appointed period " means the period commencing on the appointed day and ending on the date which is fixed, under paragraph (b) of this sub-article as the closing date for the purposes of this article, and
(ii) " war pension " means any pension, award, or allowance granted under any law for the time being in force in any country (other than the State) in respect of any war which commenced on or after the 3rd day of September, 1939, or conditions attributable to any such war.
(b) The Minister with the consent of the Minister for Finance may by order fix a date as the closing date for the purposes of sub-paragraph (i) of the foregoing paragraph.
(2) This article shall apply to a person—
(a) who—
(i) is a male existing pensions contributor to whom section 7 of the Widows' and Orphans' Pensions Act, 1947 , (No. 8 of 1947) applied, or
(ii) being a male existing pensions contributor to whom Section 7 of the Widows' and Orphans' Pensions Act, 1947 applied is outside the State on the appointed day, or
(iii) not being a person to whom article 5 of the Social Welfare (Modifications of Insurance) Regulations, 1953, ( S.I. No. 10 of 1953 ) applies, or a voluntary contributor, leaves the State during the appointed period, and
(b) who dies during the appointed period or returns to the State during the period commencing on the 3rd day of September, 1939, and ending before the expiration of the appointed period.
(3) The following provisions shall have effect in relation to a person to whom this article applies—