Document ID: chunk:federal_register_of_legislation:C1967A00052:front:0:p6
Version: federal_register_of_legislation:C1967A00052
Segment Type: other
Provision Reference: 
Character Range: 11816–14522

be, have been payable to the wife or husband or would have been so payable but for sub-section (2.) of section forty-six of this Act or sub-section (2.) of the last preceding section.
"(3.) In the application of sub-section (1.) of this section in relation to a deceased pensioner who remarried after he or she became a pensioner, the reference in that sub-section to the wife or husband of a pensioner shall be read as not including a reference to the person who became the wife or husband of the pensioner on that remarriage.
"(4.) Where the present value, as determined by the Board, of a pension or pensions payable, on the death of a contributor, under sub-section (1.) of this section is less than the contributions made by the contributor, the amount of the difference shall be paid to the personal representatives of the contributor or, if there are no such personal representatives, to such persons, if any, as the Board determines.".
5. Section 49 of the Principal Act is repealed and the following section inserted in its stead:—

Refund of contributions on death of contributor without dependants.
"49. Where—
      (a) a contributor dies before retirement; and
      (b) pension is not payable under this Act upon his or her death to the widow or widower of the contributor or to any child,
there shall be paid to the personal representatives of the contributor, or, if there are no such personal representatives, to such persons, if any, as the Board determines, an amount equal to the amount of the contributions paid by the contributor.".

Desertion by pensioner of spouse or child.
6. Section 54 of the Principal Act is amended—
      (a) by inserting in sub-section (1.), before the word "pensioner" (first occurring), the word "male"; and
      (b) by omitting sub-section (2.) and inserting in its stead the following sub-sections:—
       "(1a.) Where—
           (a) the husband of a female pensioner is wholly or substantially dependent upon her; and
           (b) his wife leaves him without means of support,
     the husband may, from time to time, apply to a court of summary jurisdiction constituted by a Police, Stipendiary or Special Magistrate, and, on proof that the husband is wholly or substantially

     dependent on his wife and that his wife has left him without means of support, the court may order the payment, during such period as it thinks desirable, of pension in accordance with section forty-seven of this Act as if the pensioner were dead.
     "(2.) Where a pensioner (being a person who is a pensioner by reason of having been a contributor) whose wife or husband is dead or divorced deserts, or leaves without means of support, any of the children of the