JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 9 Meaning of ""period of childhood and full-time education''.

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JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 9

Meaning of ""period of childhood and full-time education''.

9.(1) A person shall be deemed for the purposes of the last preceding section
to be in his period of childhood and full-time education while either

(a)he is under the age of sixteen; or

(b)he is receiving full-time instruction at any university, college, school or
other educational establishment; or

(c)he is undergoing training by any person (hereinafter referred to as "the
employer") for any trade, profession or vocation in such circumstances that

(i)he is required to devote the whole of his time to the training for a period
of not less than two years; and

(ii)while he is undergoing the training, the emoluments receivable by him, or
payable by the employer in respect of him, do not exceed [#104] a year,
exclusive of any emoluments receivable or payable by way of return of any
premium paid in respect of the training:

Provided that a person shall not be deemed for the purposes of this section to
satisfy the conditions specified in paragraph (b) or the conditions specified
in paragraph (c) of this sub-section, unless there has up till then been no
time since he attained the age of sixteen when he did not satisfy one or other
of those conditions. Any period of whole-time service in the armed forces of
the Crown under the National Service Acts, 1948 to 1950, shall be ignored for
the purposes of this proviso.

(2) In the preceding sub-section the expression "emolument" means any salary,
fees, wages, perquisites or profits or gains whatsoever, and includes the
value of free board, lodging or clothing, and, for the purposes of
sub-paragraph (ii) of paragraph (c) of the said sub-section, where a premium
has been paid in respect of the training of a person, all emoluments at any
time receivable by him, or payable by the employer in respect of him, shall be
deemed to be receivable or payable by way of return of the premium, unless and
except to the extent that the amount thereof exceeds in the aggregate the
amount of the premium.

(3) As respects any period during which neither of the conditions specified in
paragraphs (b) and (c) of sub-section (1) of this section is satisfied in
relation to a person, the Ministry of Finance may, if it thinks fit, and is
satisfied that that person's full-time education ought not to be regarded as
completed, direct either

(a)that that period shall be ignored for the purposes of the proviso to
sub-section (1) of this section; or

(b)that that period shall be so ignored and shall also be treated as part of
his period of childhood and full-time education for all the other purposes of
the last preceding section.

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Northern Irish Legislation

JUDICIAL PENSIONS ACT (NORTHERN IRELAND) 1951 - SECT 9