Haiti - Fourth Education and Training Project
Act partly in force at Royal Assent; all provisions in force so far as unrepealed at 1.2.1991. S. 1(1) repealed by Family Allowances and National Insurance Act 1968 (c. 40), s. (1) S. 1(2) repealed by Family Allowances and National Insurance Act 1968 (c. 40), s. (2)(b) S. 1(3) repealed by Family Allowances and National Insurance Act 1968 (c. 40), s. (3) S. 1(4) repealed by Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 1 Pt. I S. 1(5) repealed by Social Security Act 1973 (c. 38), Sch. 28 Pt. I S. 2(1)(2) repealed by Education (School-leaving Dates) Act 1976 (c. 5), Sch. S. 2(3) repealed by Social Security Act 1973 (c. 38), Sch. 28 Pt. I and Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 1 Pt. I S. 3(1) repealed by Child Benefit Act 1975 (c. 61), s. 21, Sch. 5 Pt. I S. 3(2) repealed by Social Security Act 1973 (c. 38), Sch. 28 Pt. I S. 4(1)(a) repealed by Child Benefit Act 1975 (c. 61), s. 21, Sch. 5 Pt. I S. 4(1)(b) repealed by Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 1 Pt. I S. 4(2) repealed by Child Benefit Act 1975 (c. 61), s. 21, Sch. 5 Pt. I and Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 1 Pt. I Sch. 1 Pt. I repealed by Family Allowances and National Insurance Act 1968 (c. 40), s. 1(2)(b) Sch. I Pt. II repealed by Social Security Act 1973 (c. 38), Sch. 28 Pt. I Sch. 2 repealed by Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 1 Pt. I Sch. 3 para. 1 repealed by Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 1 Pt. I Sch. 3 para. 2 repealed by Child Benefit Act 1975 (c. 61), s. 21, Sch. 5 Pt. I Sch. 3 para. 3 repealed by Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 1 Pt. I Sch. 3 para. 5(1) repealed by Child Benefit Act 1975 (c. 61), s. 21, Sch. 5 Pt. I Sch. 3 para. 5(2), 6, 7 repealed by Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 1 Pt. I Sch. 3 para. 5(2), 6, 7 repealed by Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 1 Pt. I Unreliable marginal note S. 1(5): power to continue conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5, 7(2), Sch. 3 Pt. II para.15 S. 2(3): power to continue conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5, 7(2), Sch. 3 Pt. II para.15 S. 3(2): power to continue conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5, 7(2), Sch. 3 Pt. II para.15 Sch. 1 Pt. II: power to continue conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5, 7(2), Sch. 3 Pt. II para.15 1967 c. 73. 1965 c. 53. An Act to increase family allowances under the Family Allowances Act 1965 and make related adjustments of certain benefits under the National Insurance Act 1965 or the National Insurance (Industrial Injuries) Act 1965, to make further provision as to the time at which a person ceases to be a child within the meaning of those Acts, and for purposes connected therewith.
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with the substitution of the words " fifteen shillings " for the words "eight shillings" and of the words " seventeen shillings " for the words " ten shillings " in section 1 (where the first amount mentioned gives the weekly rate of the allowance for the first child of a family other than the elder or eldest, and the second that of the allowance for any other such child); and
with the substitution of the words " fifteen shillings " for the words " eight shillings " also in section 3(2) and paragraph 1(1) of the Schedule (where the amount mentioned gives the minimum weekly contribution required from a person towards the maintenance of a child not living with him, if the child is to be included in a family as being his issue or maintained by him).
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the rates specified in column 3 (increases for only, elder or eldest qualifying child), and the rates specified in column 2 in paragraphs 7 and 9 (weekly rate of guardian's allowance and of child's special allowance) shall each be increased by 3 s.;
the rates specified in column 4 (increases for second qualifying child) shall each be decreased by 4s.;
the rates specified in column 5 (increases for each additional qualifying child) shall each be decreased by 6s., except that those in paragraphs 4, 5 and 9 (widow's allowance, widowed mother's allowance, and child's special allowance) shall be decreased only by 4s.
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for those of section 41(4)(b) of the National Insurance Act 1965 (which are to the like effect as the substituted provisions, except that they do not make provision for a special rate of benefit in respect of a second child); and
for those of paragraph 1 of Schedule 5 to the National Insurance (Industrial Injuries) Act 1965 (which are also to the like effect as the substituted provisions, with the same exception).
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Schedule 3 to this Act shall have effect with respect to the commencement of subsections (2) to (5) above and with respect to the transitory matters dealt with in that Schedule.
The power to make regulations under section 13 of the Family Allowances Act 1965 shall, as regards England and Wales, include power to provide, either generally or for particular cases or classes of case,—
that for the purpose of determining whether a person is to be treated as a child either— the term in any school or establishment shall be treated as ending on a date determined by or under the regulations, and the instruction given there during the term as continuing to or ending on that date accordingly;
as being under the upper limit of the compulsory school age (in a case where by virtue of section 9(5) of the Education Act 1962 this may depend on the ending of a school term); or
as undergoing full-time instruction in a school;
that for the purpose of determining whether a person is to be treated as a child as undergoing full-time instruction in a school, a person who receives full-time instruction during any term shall be treated as continuing to receive it until the end of term (whether the actual end or the date treated as such by virtue of paragraph (a) above).
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The power to make regulations as aforesaid shall, as regards Scotland, include power to provide, either generally or for particular cases or classes of case—
that for the purpose of determining whether a person is to be treated as a child either— the school leaving date in respect of any school or establishment shall be treated as being a date determined by or under the regulations, and the instruction given there be treated as continuing to or ending on that date accordingly, whether or not any such date falls in a holiday period;
as being under the upper limit of the compulsory school age (in a case where by virtue of section 33 of the Education (Scotland) Act 1962 the upper limit of school age may depend on the incidence of the school leaving dates required to be fixed by education authorities for their areas); or
as undergoing full-time instruction in a school;
that for the purpose of determining whether a person is to be treated as a child as undergoing full-time instruction in a school, a person who receives full-time instruction during any term shall be treated as continuing to receive it throughout the term or until the occurrence of any school leaving date which may be fixed under the regulations.
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This Act may be cited as the Family Allowances and National Insurance Act 1967, and—
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in relation to allowances under the Family Allowances Act 1965 shall be construed as one with that Act; and
in relation to benefit under the National Insurance Act 1965 shall be construed as one with that Act; and
in relation to benefit under the National Insurance (Industrial Injuries) Act 1965 shall be construed as one with that Act.
1 2 3 4 5 6 Description of Benefit Weekly rate Increase for only, elder or eldest qualifying child Increase for second qualifying child Increase for each additional qualifying child Increase for adult dependant (where payable) £ s. d. £ s. d. £ s. d. £ s. d. £ s. d. 1. Unemployment or sickness benefit under s. 19(2)— (a) in the case of a person over the age of 18, not being a married woman 4 10 0 1 8 0 13 0 11 0 2 16 0 (b) in the case of a person under the age of 18, not being a married woman— (i) during any period during which that person is entitled to an increase of benefit in respect of a child or adult dependant 4 10 0 1 8 0 13 0 11 0 2 16 0 (ii) during any other period 2 10 0 — — — — (c) in the case of a married woman over the age of 18— (i) during any period during which she is entitled to an increase of benefit in respect of her husband, or during which she is not residing with her husband nor is he contributing to her maintenance at not less than the relevant rate 4 10 0 1 8 0 13 0 11 0 2 16 0 (ii) during any other period 3 2 0 1 8 0 13 0 11 0 2 16 0 (d) in the case of a married woman under the age of 18— (i) during any period during which she is entitled to an increase of benefit in respect of her husband, or during which she is entitled to an increase of benefit in respect of a child or an adult dependant other than her husband and she is not residing with her husband nor is he contributing to her maintenance at not less than the relevant rate 4 10 0 1 8 0 13 0 11 0 2 16 0 (ii) during any other period during which she is entitled to an increase of benefit in respect of a child or adult dependant 3 2 0 1 8 0 13 0 11 0 2 16 0 (iii) during any other period 2 10 0 — — — — 2. Unemployment or sickness benefit at a weekly rate determined under s. 19(3) — 1 8 0 13 0 11 0 2 16 0 3. Maternity allowance 4 10 0 1 8 0 13 0 11 0 2 16 0 4. Widow's allowance 6 7 0 2 5 6 1 10 6 1 8 6 — 5. Widowed mother's allowance 4 10 0 2 5 6 1 10 6 1 8 6 — 6. Widow's pension 4 10 0 — — — — 7. Guardian's allowance 2 5 6 — — — — 8. Retirement pension— (a) where the pension is payable to a woman by virtue of her husband's insurance and he is alive 2 16 0 1 8 0 13 0 11 0 — (b) in any other case 4 10 0 1 8 0 13 0 11 0 2 16 0 9. Child's special allowance 2 5 6 — 1 10 6 1 8 6 — In paragraphs 1(c)(i) and 1(d)(i) of this Schedule " the relevant rate " means a weekly rate equal to the difference under this Schedule between the rates of benefit applying if the husband is, and if he is not, contributing to the wife's maintenance at not less than the relevant rate. In paragraph 2 of this Schedule, column 6 shall have effect subject to section 43(3)(b) of this Act.
Where a man and his wife are both entitled to a retirement pension by virtue of his insurance—
they shall not both be entitled for the same period to an increase under the said section 40(1) in respect of the same child, nor shall they both be entitled for the same period, in respect of different children, to such an increase at the rate applicable to an only, elder or eldest child, nor both to such an increase at the rate applicable to a second child ;
where one of them is entitled to such an increase at either of the rates above mentioned in respect of a child not included or treated as included in the other's family, the rates of any such increases to which the other is entitled shall be the rates which would have been appropriate if that child had been the elder or eldest or, as the case may be, the second child of the other's family.
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(a) in respect of only, elder or eldest child of beneficiary's family £1 8s. (b) in respect of second child of beneficiary's family 13s. (c) in respect of each additional child of beneficiary's family 11s.
(i) in respect of only, elder or eldest qualifying child £1 8s. (ii) in respect of second qualifying child 13s. (iii) in respect of each additional qualifying child 11s. ; and in sub-paragraph (b) (under which the additional weekly amount payable in cases where the beneficiary is the deceased's widow is 17s. 6d. for the first and for the second and 15s. 6d. for any other child) there shall be substituted for the entries in column 2 a single entry " 17s. 6d. in respect of each qualifying child ".
Where two or more persons satisfy the conditions, in respect of the same death, for receipt of an allowance or allowances under section 21 of this Act for any period—
not more than one of those persons shall be entitled for that period to such an allowance in respect of the same child, nor shall more than one of them be entitled for that period, in respect of different children, to such an allowance at a rate applicable to an only, elder or eldest child, nor more than one to such an allowance at a rate applicable to a second child ;
where one of them is entitled to such an allowance at a rate above mentioned in respect of a child not included fn the family of the other or another of them, the rates of any such allowances to which that other is entitled shall be those that would have been appropriate if the child had been the elder or eldest or, as the case may be, the second child of that other's family ;
where the deceased leaves a widow or widower, then for any period for which she or he is entitled to death benefit as the deceased's widow or widower and satisfies the conditions for receipt of such an allowance in respect of a child, she or he shall be entitled to the allowance in respect of that child, and any allowance payable to her or him in respect of the only, elder or eldest or the second child of her or his family shall be payable at a rate applicable to such a child ;
subject to sub-paragraph (c) of this paragraph, regulations may make provision as to the priority in any prescribed circumstances of two or more persons satisfying the said conditions.
Section 1.
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Where a beneficiary receives in respect of any persons as being, or as falling to be treated as, children of his family an amount of benefit which by reason of section 1 of this Act is not properly payable, but would have been properly payable according to the rates in force at the passing of this Act or at that of the National Insurance Act 1967, and he receives it for a period for which there are payable to him or anyone else in respect of those persons or any of them allowances under the Family Allowances Act 1965 at a rate which would not have been payable but for this Act, then the amount of benefit overpaid and not required to be repaid shall be treated as properly paid, but up to that amount any arrears of allowances payable under the Family Allowances Act 1965 for that period in respect of those persons shall be withheld.
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As regards benefit of which any weekly rate is reduced by this Act, the Minister of Social Security may by regulations make provision, either generally or for particular cases or classes of case, for excluding the reduction in whole or in part where—
immediately before the reduction takes effect a person is entitled to any such benefit in respect of any children ; and
during any period during which he continues without a break to be entitled to benefit (whether the same benefit or another) in respect of those children or any of them the aggregate weekly rate of the benefit to which he is entitled in respect of those children and of the allowances payable in respect of them under the Family Allowances Act 1965 is less than it would have been according to the rates in force at the passing of this Act or at that of the National Insurance Act 1967.
Section 108 of the National Insurance Act 1965 and section 62(2) of the National Insurance (Industrial Injuries) Act 1965 (which require a draft of proposals for regulations under the Act to be submitted to the National Insurance Advisory Committee or Industrial Injuries Advisory Council, as the case may be) shall not apply to any regulations (whether made under this Schedule or not) if they are contained in a statutory instrument made before the expiration of the six months beginning with the date of the passing of this Act and the instrument states that it is made in consequence of the passing of this Act.
In this Schedule “benefit” means benefit under the National Insurance Act 1965 or the National Insurance (Industrial Injuries) Act 1965, and “beneficiary” has a corresponding meaning.
Act partly in force at Royal Assent; all provisions in force so far as unrepealed at 1.2.1991. S. 1(1) repealed by Family Allowances and National Insurance Act 1968 (c. 40), s. (1) S. 1(2) repealed by Family Allowances and National Insurance Act 1968 (c. 40), s. (2)(b) S. 1(3) repealed by Family Allowances and National Insurance Act 1968 (c. 40), s. (3) S. 1(4) repealed by Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 1 Pt. I S. 1(5) repealed by Social Security Act 1973 (c. 38), Sch. 28 Pt. I S. 2(1)(2) repealed by Education (School-leaving Dates) Act 1976 (c. 5), Sch. S. 2(3) repealed by Social Security Act 1973 (c. 38), Sch. 28 Pt. I and Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 1 Pt. I S. 3(1) repealed by Child Benefit Act 1975 (c. 61), s. 21, Sch. 5 Pt. I S. 3(2) repealed by Social Security Act 1973 (c. 38), Sch. 28 Pt. I S. 4(1)(a) repealed by Child Benefit Act 1975 (c. 61), s. 21, Sch. 5 Pt. I S. 4(1)(b) repealed by Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 1 Pt. I S. 4(2) repealed by Child Benefit Act 1975 (c. 61), s. 21, Sch. 5 Pt. I and Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 1 Pt. I Sch. 1 Pt. I repealed by Family Allowances and National Insurance Act 1968 (c. 40), s. 1(2)(b) Sch. I Pt. II repealed by Social Security Act 1973 (c. 38), Sch. 28 Pt. I Sch. 2 repealed by Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 1 Pt. I Sch. 3 para. 1 repealed by Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 1 Pt. I Sch. 3 para. 2 repealed by Child Benefit Act 1975 (c. 61), s. 21, Sch. 5 Pt. I Sch. 3 para. 3 repealed by Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 1 Pt. I Sch. 3 para. 5(1) repealed by Child Benefit Act 1975 (c. 61), s. 21, Sch. 5 Pt. I Sch. 3 para. 5(2), 6, 7 repealed by Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 1 Pt. I Sch. 3 para. 5(2), 6, 7 repealed by Social Security (Consequential Provisions) Act 1975 (c. 18), Sch. 1 Pt. I Unreliable marginal note S. 1(5): power to continue conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5, 7(2), Sch. 3 Pt. II para.15 S. 2(3): power to continue conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5, 7(2), Sch. 3 Pt. II para.15 S. 3(2): power to continue conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5, 7(2), Sch. 3 Pt. II para.15 Sch. 1 Pt. II: power to continue conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5, 7(2), Sch. 3 Pt. II para.15 1967 c. 73. 1965 c. 53. An Act to increase family allowances under the Family Allowances Act 1965 and make related adjustments of certain benefits under the National Insurance Act 1965 or the National Insurance (Industrial Injuries) Act 1965, to make further provision as to the time at which a person ceases to be a child within the meaning of those Acts, and for purposes connected therewith.
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with the substitution of the words " fifteen shillings " for the words "eight shillings" and of the words " seventeen shillings " for the words " ten shillings " in section 1 (where the first amount mentioned gives the weekly rate of the allowance for the first child of a family other than the elder or eldest, and the second that of the allowance for any other such child); and
with the substitution of the words " fifteen shillings " for the words " eight shillings " also in section 3(2) and paragraph 1(1) of the Schedule (where the amount mentioned gives the minimum weekly contribution required from a person towards the maintenance of a child not living with him, if the child is to be included in a family as being his issue or maintained by him).
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the rates specified in column 3 (increases for only, elder or eldest qualifying child), and the rates specified in column 2 in paragraphs 7 and 9 (weekly rate of guardian's allowance and of child's special allowance) shall each be increased by 3 s.;
the rates specified in column 4 (increases for second qualifying child) shall each be decreased by 4s.;
the rates specified in column 5 (increases for each additional qualifying child) shall each be decreased by 6s., except that those in paragraphs 4, 5 and 9 (widow's allowance, widowed mother's allowance, and child's special allowance) shall be decreased only by 4s.
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for those of section 41(4)(b) of the National Insurance Act 1965 (which are to the like effect as the substituted provisions, except that they do not make provision for a special rate of benefit in respect of a second child); and
for those of paragraph 1 of Schedule 5 to the National Insurance (Industrial Injuries) Act 1965 (which are also to the like effect as the substituted provisions, with the same exception).
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Schedule 3 to this Act shall have effect with respect to the commencement of subsections (2) to (5) above and with respect to the transitory matters dealt with in that Schedule.
The power to make regulations under section 13 of the Family Allowances Act 1965 shall, as regards England and Wales, include power to provide, either generally or for particular cases or classes of case,—
that for the purpose of determining whether a person is to be treated as a child either— the term in any school or establishment shall be treated as ending on a date determined by or under the regulations, and the instruction given there during the term as continuing to or ending on that date accordingly;
as being under the upper limit of the compulsory school age (in a case where by virtue of section 9(5) of the Education Act 1962 this may depend on the ending of a school term); or
as undergoing full-time instruction in a school;
that for the purpose of determining whether a person is to be treated as a child as undergoing full-time instruction in a school, a person who receives full-time instruction during any term shall be treated as continuing to receive it until the end of term (whether the actual end or the date treated as such by virtue of paragraph (a) above).
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The power to make regulations as aforesaid shall, as regards Scotland, include power to provide, either generally or for particular cases or classes of case—
that for the purpose of determining whether a person is to be treated as a child either— the school leaving date in respect of any school or establishment shall be treated as being a date determined by or under the regulations, and the instruction given there be treated as continuing to or ending on that date accordingly, whether or not any such date falls in a holiday period;
as being under the upper limit of the compulsory school age (in a case where by virtue of section 33 of the Education (Scotland) Act 1962 the upper limit of school age may depend on the incidence of the school leaving dates required to be fixed by education authorities for their areas); or
as undergoing full-time instruction in a school;
that for the purpose of determining whether a person is to be treated as a child as undergoing full-time instruction in a school, a person who receives full-time instruction during any term shall be treated as continuing to receive it throughout the term or until the occurrence of any school leaving date which may be fixed under the regulations.
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This Act may be cited as the Family Allowances and National Insurance Act 1967, and—
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in relation to allowances under the Family Allowances Act 1965 shall be construed as one with that Act; and
in relation to benefit under the National Insurance Act 1965 shall be construed as one with that Act; and
in relation to benefit under the National Insurance (Industrial Injuries) Act 1965 shall be construed as one with that Act.
1 2 3 4 5 6 Description of Benefit Weekly rate Increase for only, elder or eldest qualifying child Increase for second qualifying child Increase for each additional qualifying child Increase for adult dependant (where payable) £ s. d. £ s. d. £ s. d. £ s. d. £ s. d. 1. Unemployment or sickness benefit under s. 19(2)— (a) in the case of a person over the age of 18, not being a married woman 4 10 0 1 8 0 13 0 11 0 2 16 0 (b) in the case of a person under the age of 18, not being a married woman— (i) during any period during which that person is entitled to an increase of benefit in respect of a child or adult dependant 4 10 0 1 8 0 13 0 11 0 2 16 0 (ii) during any other period 2 10 0 — — — — (c) in the case of a married woman over the age of 18— (i) during any period during which she is entitled to an increase of benefit in respect of her husband, or during which she is not residing with her husband nor is he contributing to her maintenance at not less than the relevant rate 4 10 0 1 8 0 13 0 11 0 2 16 0 (ii) during any other period 3 2 0 1 8 0 13 0 11 0 2 16 0 (d) in the case of a married woman under the age of 18— (i) during any period during which she is entitled to an increase of benefit in respect of her husband, or during which she is entitled to an increase of benefit in respect of a child or an adult dependant other than her husband and she is not residing with her husband nor is he contributing to her maintenance at not less than the relevant rate 4 10 0 1 8 0 13 0 11 0 2 16 0 (ii) during any other period during which she is entitled to an increase of benefit in respect of a child or adult dependant 3 2 0 1 8 0 13 0 11 0 2 16 0 (iii) during any other period 2 10 0 — — — — 2. Unemployment or sickness benefit at a weekly rate determined under s. 19(3) — 1 8 0 13 0 11 0 2 16 0 3. Maternity allowance 4 10 0 1 8 0 13 0 11 0 2 16 0 4. Widow's allowance 6 7 0 2 5 6 1 10 6 1 8 6 — 5. Widowed mother's allowance 4 10 0 2 5 6 1 10 6 1 8 6 — 6. Widow's pension 4 10 0 — — — — 7. Guardian's allowance 2 5 6 — — — — 8. Retirement pension— (a) where the pension is payable to a woman by virtue of her husband's insurance and he is alive 2 16 0 1 8 0 13 0 11 0 — (b) in any other case 4 10 0 1 8 0 13 0 11 0 2 16 0 9. Child's special allowance 2 5 6 — 1 10 6 1 8 6 — In paragraphs 1(c)(i) and 1(d)(i) of this Schedule " the relevant rate " means a weekly rate equal to the difference under this Schedule between the rates of benefit applying if the husband is, and if he is not, contributing to the wife's maintenance at not less than the relevant rate. In paragraph 2 of this Schedule, column 6 shall have effect subject to section 43(3)(b) of this Act.
Where a man and his wife are both entitled to a retirement pension by virtue of his insurance—
they shall not both be entitled for the same period to an increase under the said section 40(1) in respect of the same child, nor shall they both be entitled for the same period, in respect of different children, to such an increase at the rate applicable to an only, elder or eldest child, nor both to such an increase at the rate applicable to a second child ;
where one of them is entitled to such an increase at either of the rates above mentioned in respect of a child not included or treated as included in the other's family, the rates of any such increases to which the other is entitled shall be the rates which would have been appropriate if that child had been the elder or eldest or, as the case may be, the second child of the other's family.
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(a) in respect of only, elder or eldest child of beneficiary's family £1 8s. (b) in respect of second child of beneficiary's family 13s. (c) in respect of each additional child of beneficiary's family 11s.
(i) in respect of only, elder or eldest qualifying child £1 8s. (ii) in respect of second qualifying child 13s. (iii) in respect of each additional qualifying child 11s. ; and in sub-paragraph (b) (under which the additional weekly amount payable in cases where the beneficiary is the deceased's widow is 17s. 6d. for the first and for the second and 15s. 6d. for any other child) there shall be substituted for the entries in column 2 a single entry " 17s. 6d. in respect of each qualifying child ".
Where two or more persons satisfy the conditions, in respect of the same death, for receipt of an allowance or allowances under section 21 of this Act for any period—
not more than one of those persons shall be entitled for that period to such an allowance in respect of the same child, nor shall more than one of them be entitled for that period, in respect of different children, to such an allowance at a rate applicable to an only, elder or eldest child, nor more than one to such an allowance at a rate applicable to a second child ;
where one of them is entitled to such an allowance at a rate above mentioned in respect of a child not included fn the family of the other or another of them, the rates of any such allowances to which that other is entitled shall be those that would have been appropriate if the child had been the elder or eldest or, as the case may be, the second child of that other's family ;
where the deceased leaves a widow or widower, then for any period for which she or he is entitled to death benefit as the deceased's widow or widower and satisfies the conditions for receipt of such an allowance in respect of a child, she or he shall be entitled to the allowance in respect of that child, and any allowance payable to her or him in respect of the only, elder or eldest or the second child of her or his family shall be payable at a rate applicable to such a child ;
subject to sub-paragraph (c) of this paragraph, regulations may make provision as to the priority in any prescribed circumstances of two or more persons satisfying the said conditions.
Section 1.
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Where a beneficiary receives in respect of any persons as being, or as falling to be treated as, children of his family an amount of benefit which by reason of section 1 of this Act is not properly payable, but would have been properly payable according to the rates in force at the passing of this Act or at that of the National Insurance Act 1967, and he receives it for a period for which there are payable to him or anyone else in respect of those persons or any of them allowances under the Family Allowances Act 1965 at a rate which would not have been payable but for this Act, then the amount of benefit overpaid and not required to be repaid shall be treated as properly paid, but up to that amount any arrears of allowances payable under the Family Allowances Act 1965 for that period in respect of those persons shall be withheld.
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As regards benefit of which any weekly rate is reduced by this Act, the Minister of Social Security may by regulations make provision, either generally or for particular cases or classes of case, for excluding the reduction in whole or in part where—
immediately before the reduction takes effect a person is entitled to any such benefit in respect of any children ; and
during any period during which he continues without a break to be entitled to benefit (whether the same benefit or another) in respect of those children or any of them the aggregate weekly rate of the benefit to which he is entitled in respect of those children and of the allowances payable in respect of them under the Family Allowances Act 1965 is less than it would have been according to the rates in force at the passing of this Act or at that of the National Insurance Act 1967.
Section 108 of the National Insurance Act 1965 and section 62(2) of the National Insurance (Industrial Injuries) Act 1965 (which require a draft of proposals for regulations under the Act to be submitted to the National Insurance Advisory Committee or Industrial Injuries Advisory Council, as the case may be) shall not apply to any regulations (whether made under this Schedule or not) if they are contained in a statutory instrument made before the expiration of the six months beginning with the date of the passing of this Act and the instrument states that it is made in consequence of the passing of this Act.
In this Schedule “benefit” means benefit under the National Insurance Act 1965 or the National Insurance (Industrial Injuries) Act 1965, and “beneficiary” has a corresponding meaning.