1. These Regulations may be cited as the Royal Irish Constabulary (Widows' Pensions) Regulations 1971 and shall come into operation on 20th September 1971.
2. The Regulations set out in the Schedule hereto are hereby revoked.
3.—(1) In these Regulations “the standard weekly rate” means
(2) In these Regulations “state insurance benefit” means
(3) In these Regulations, “child”
(a)during any period while he is under the age of 15 years; and
(b)during any period before the first day of August next following the day on which he attains the age of 16 years while he is undergoing full-time instruction in a school or is an apprentice.
(4) Any reference in these Regulations to the rate of any pension shall be construed as a reference to that rate after taking into account any increases payable under the Pensions (Increase) Act 1971.
(5) For the purpose of determining the amount of any payment under these Regulations there shall be deemed to be 52 weeks and one-sixth of a week in every year.
(6) Any reference in these Regulations to any enactment shall be construed as a reference to that enactment as amended by or under any subsequent enactment.
(7) The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
4. Where the widow of a former member of the Royal Irish Constabulary is entitled to a pension under the enactments (other than the Royal Irish Constabulary (Widows' Pensions) Act 1954) relating to the pensions of that force, then, if and for so long as—
(a)the conditions prescribed by Regulation 7 of these Regulations are satisfied in her case, and
(b)the combined rate of the said pension and of any state insurance benefit received by her is less than the standard weekly rate,
a supplementary allowance may, if the Secretary of State thinks fit, be paid to that widow at such rate, subject to the provisions of Regulation 6 of these Regulations, as will secure that the combined rate of the said pension of any state insurance benefit received by her and of the said allowance is equal to the standard weekly rate.
5. Where a widow is not entitled to a pension under the aforesaid enactments in a case where her husband ceased to be a member of the Royal Irish Constabulary before 1st September 1918, or if his rank was higher than that of head constable major before 1st April 1919, then, if and for so long as—
(a)the conditions prescribed by Regulation 7, and one of the further conditions prescribed by Regulation 8, of these Regulations are satisfied in her case, and
(b)the rate of any state insurance benefit received by her is less than the standard weekly rate,
a pension may, if the Secretary of State thinks fit, be paid to that widow at such rate, subject to the provisions of Regulation 6 of these Regulations, as will secure that the combined rate of the said pension and of any state insurance benefit received by her is equal to the standard weekly rate:
6. Where a widow is in receipt of a non-contributory pension under the Old Age Pensions Act 1936, or any similar pension paid out of public funds in Northern Ireland, any of the Channel Islands, the Isle of Man or the Republic of Ireland, the Secretary of State may make such reduction in the amount of any supplementary allowance or pension otherwise payable to her under these Regulations as may be necessary to secure that she shall receive the greatest possible amount in respect of the supplementary allowance or pension, as the case may be, and the non-contributory pension taken together.
7.—(1) The prescribed conditions referred to in Regulations 4(a) and 5(a) of these Regulations are the following, that is to say:—
(a)that the widow married her husband before he ceased to be a member of the Royal Irish Constabulary;
(b)that she has attained the age of 60 or is incapable of self-support or has a dependent child;
(c)that she is ordinarily resident in the United Kingdom, any of the Channel Islands, the Isle of Man or the Republic of Ireland.
(2) For the purposes of sub-paragraph (b) of the foregoing paragraph, a woman shall be deemed incapable of self-support if, but only if, she is incapable of supporting herself by reason of physical or mental infirmity and is likely to remain so incapable for a prolonged period.
8. The further prescribed conditions referred to in Regulation 5(a) of these Regulations are the following, that is to say:—
(a)that the member in question died while serving in the Royal Irish Constabulary or while in receipt of a pension under the enactments relating to the pensions of that force;
(b)that having retired without a pension from that force on account of injury or disease, he died in consequence of that injury or disease;
(c)that he died or was disabled while employed on naval or military service in such circumstances that subsection (2) of section 1 of the Irish Police (Naval and Military Service) Act 1915 applied in his case.
9. Where the widow of a former member of the Royal Irish Constabulary has remarried and again become a widow, the same payments may be made to her under these Regulations as if she had not remarried; but save as aforesaid no payment shall be made under these Regulations where a widow of a former member of that force has remarried or is otherwise cohabiting with a man.
10. Articles 15 and 16 of the Royal Irish Constabulary Pensions Order 1922(1) (which relate to the assignment, forfeiture and withdrawal of pensions and contain provisions regulating payment), shall apply to any supplementary allowance or pension payable under these Regulations as the said Articles apply to a pension payable under that Order.
R. Maudling
One of Her Majesty's Principal Secretaries of State
2nd September 1971
Consent of the Minister for the Civil Service given under his Official Seal on 2nd September 1971.
L.S.
K. H. McNeill
Authorised by the Minister for the Civil Service