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UNEMPLOYMENT INSURANCE ACT, 1925.

SECOND SCHEDULE (s. 4).

RATES OF CONTRIBUTIONS OUT OF MONEYS PROVIDED BY PARLIAMENT.

PART I. DURING THE EXTENDED PERIOD, OR, IF THE EXTENDED PERIOD DOES NOT EXPIRE on or before 1st January 1928, durinG THE PERIOD ENDING ON THAT DATE.

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PART II. During such TIME AS THE Extended PERIOD CONTINUES
AFTER 1ST JANUARY 1928.

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13 & 14 Geo. 5, c. 2.

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15 & 16 GEORGE 5, CHAPTER 70.

CHAPTER LXX.

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.]

[Preamble.]

Contributory Pensions.

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 ");

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(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.

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(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.

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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 (14 & 15 Geo. 5, c. 38) (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.

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 :

WIDOWS', ETC., CONTRIBUTORY PENSIONS ACT, 1925.

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.

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. 5. STATUTORY CONDITIONS AS TO WIDOWS AND ORPHANS PENSIONS. 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.

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.

15 & 16 GEORGE 5, CHAPTER 70.

(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 temporary custody of some other person and that the additional allowance or orphan's pension should be paid to that other person so long as such temporary custody continues, he may direct that the additional allowance or orphan's pension shall be paid accordingly, subject to such terms and conditions as he may think fit to impose.

Old Age Pensions.

7. OLD AGE PENSIONS.-(1) As from the appointed day the following provisions shall have effect, that is to say, subject to the provisions of this Act, a person shall, if the statutory conditions hereinafter mentioned are complied with, be entitled to an old age pension

(a) if he or she has before the appointed day attained the age of sixty-five and not attained the age of seventy, and was an insured person at that date; or (b) if he or she attains the age of sixty-five after the appointed day, and is at the time of attaining that age an insured person; or

(c) if, being a woman, who has attained the age of sixty-five but has not attained the age of seventy, she is the wife of a man who is an insured person and who is or has been entitled to an old age pension by virtue of paragraph (a) or (b) of this subsection :

Provided that the wife 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 an old age pension under paragraph (c) of this subsection unless she was immediately before the marriage in receipt of a widow's pension, or unless or until three years have elapsed since the date of the marriage.

(2) An old age pension shall continue payable until the person entitled thereto attains the age of seventy years, unless, being a woman, she before attaining that age becomes entitled to a widow's pension.

WIDOWS', ETC., CONTRIBUTORY PENSIONS ACT, 1925.

8. STATUTORY CONDITIONS AS TO OLD AGE PENSIONS.-The statutory conditions to be complied with in the case of a person in respect of whose insurance an old age pension is payable are

(a) that the person was continuously insured for a period of not less than five years immediately prior to the date on which he attained the age of sixtyfive, or immediately prior to the appointed day in the case of a person who attained that age before the appointed day; and

(b) that one hundred and four contributions have been paid by or in respect of him since the date of his entry into insurance; and

(c) 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 the date on which he attained the age of sixty-five, represents on the average not less than thirty-nine contributions calculated in the prescribed manner in respect of each of those three years:

Provided that

(i) Where the period for which a person has been continuously insured immediately prior to the date on which he attained the age of sixty-five, or to the appointed day, if he attained that age before the appointed day, is less than five years, the foregoing conditions shall apply with the substitution of a reference to the expiration of the period of five years from the date of his entry into insurance for the reference to the date on which he attained the age of sixty-five, or the appointed day, as the case may be ;

(ii) In the case of a person who has before the appointed day attained the age of sixty-five and is not a person to whom the foregoing proviso applies, condition (c) shall apply, with the substitution of a reference to the two contribution years immediately prior to the second day of January, nineteen hundred and twenty-seven, for the reference to the three contribution years immediately prior to the date on which he attained the age of sixty-five;

(iii) Where a person on attaining the age of sixty in the case of a man, or fifty-five in the case of a woman, had been continuously insured for a period of ten years or since the fifteenth day of July, nineteen hundred and twelve, whichever period is the shorter, condition (c) shall, if he or she so elects, apply as if, for the reference to thirty-nine contributions, there were substituted a reference to twenty-six contributions, but in such case the regulations shall not provide that the contributions shall for the purposes of that condition be deemed to have been paid in respect of any period of unemployment except unemployment owing to incapacity for work due to some specific disease or some bodily or mental disablement.

Contributions and Financial Provisions.

9. RATES OF CONTRIBUTIONS.-(1) For the purpose of making provision towards the cost of pensions payable under this Act, contributions under this Act shall, until varied in manner hereinafter provided, be payable at the following rates, that is to say

(i) by or in respect of every person insured under the Insurance Act who has not attained the age of sixty-five, whether an employed contributor or a voluntary contributor, at the rates specified in Part I. of the First Schedule to this Act (which rates are hereinafter referred to as the ordinary rates of contribution);

(ii) in respect of every person employed within the meaning of the Insurance Act who has attained the age of sixty-five, at the rates specified in Part II. of the First Schedule to this Act (being the rates of contributions payable by the employer in respect of employed persons under the Insurance Act and paragraph (i) of this subsection combined);

(iii) in respect of every exempt person within the meaning of the Insurance Act

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