Document ID: chunk:federal_register_of_legislation:C1965A00097:body:0:p18
Version: federal_register_of_legislation:C1965A00097
Segment Type: other
Provision Reference: 
Character Range: 42034–44731

annum.".

Pension to orphans on death of contributor or pensioner.
21. Section 48 of the Principal Act is amended—
       (a) by omitting sub-section (1.) and inserting in its stead the following sub-section:—
       "(1.) On the death of a male contributor or of a male pensioner, being a person whose wife is dead or divorced and who leaves children of himself or of his wife who are eligible children and were dependent upon him at the time of his death, there shall be paid to the guardian of the children, to be used for their support and education, a pension at the rate of Two hundred and sixty pounds per annum in respect of each child.";
       (b) by omitting from sub-section (1a.) the words "the actuarial member of"; and
       (c) by omitting sub-section (2.).

22.—(1.) After section 48 of the Principal Act the following sections are inserted:—
Pension not payable in respect of children in certain circumstances.
"48a. Where—
       (a) a male person to whom pension was payable under the Defence Forces Retirement Benefits Act 1948 or under that Act as amended has, whether before or after the commencement of this section, become a contributor;
       (b) the person has died since he became a contributor and pension is payable under the Defence Forces Retirement Benefits Act 1948-1965 in respect of a child of the person or of his wife; and

       (c) pension would, but for this section, be payable under this Act in respect of the child by reason of the person's having been a contributor,
the last-mentioned pension is not payable.

Pension not payable in certain circumstances.
"48b. Where—
       (a) within three years after the obligation of a contributor to contribute to the Fund under Part III. of this Act came into existence, the contributor dies or is retired on the ground of invalidity or physical or mental incapacity to perform his duties;
       (b) the Board is satisfied that the death, invalidity or incapacity was caused, or substantially contributed to, by a physical or mental condition that, to the knowledge of the contributor, existed at the time when he underwent the medical examination referred to in sub-section (1.) or sub-section (2.) of section five, or sub-section (2.) of section seventy-nine, of this Act; and
       (c) the contributor did not disclose the existence of the condition to the person who made the examination or made or furnished a false or misleading statement to that person in respect of the condition,
pension is not payable to or in respect of the contributor but there is payable to him or to his personal representatives, as the case may be, an amount equal to the amount of the contributions paid by him under this