COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 126 Children's pension: rate and mode of payment.

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COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 126

Children's pension: rate and mode of payment.

126.(1) Only one children's pension shall be granted in respect of the service
of any one person, but

(a)the rate thereof may vary according to the number of persons for whose
benefit it can for the time being enure; and

(b)it shall be paid to such person or persons as the [Minister for the Civil
Service] may from time to time direct, and different parts thereof may be
directed to be paid to different persons; and

(c)the person to whom all or any part thereof is paid shall apply the sum paid
to him, without distinction, for the benefit of all the persons for whose
benefit the pension can for the time being enure or for the benefit of such of
them as the [Minister for the Civil Service] from time to time directs.

(2) Where the deceased leaves no widow and, if he leaves a widow, after her
death, the annual amount of a children's pension

(a)while the persons for whose benefit it can enure are three or more in
number, may amount to one-third of the annual amount of the personal pension;

(b)while the said persons are two in number, may amount to one-quarter of the
annual amount of the personal pension;

(c)while there is only one such person, may amount to one-sixth of the annual
amount of the personal pension.

(3) Subject to the provisions of sub-section (4), where the deceased leaves a
widow, the annual amount of a children's pension during her life

(a)while the persons for whose benefit it can enure are four or more in
number, may amount to one-third of the annual amount of the personal pension;

(b)while the said persons are three in number, may amount to one-quarter of
the annual amount of the personal pension;

(c)while the said persons are two in number, may amount to one-sixth of the
annual amount of the personal pension;

(d)while there is only one such person, may amount to one-twelfth of the
annual amount of the personal pension.

(4) Notwithstanding anything in the foregoing provisions of this section,
where the deceased leaves a widow who remarries, no children's pension shall
be payable as respects any period when she has a husband unless the [Minister
for the Civil Service] specially directs that such a pension shall be so
payable, but, if the [Minister for the Civil Service] does specially so
direct, it may, if it thinks fit, further direct that sub-section (2) shall
apply as respects any such period notwithstanding that the widow is alive.

S.127 rep. by 1980 NI 3 art.69(2) sch.3

Persons serving again after retirement.

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Northern Irish Legislation

COUNTY COURTS ACT (NORTHERN IRELAND) 1959 - SECT 126