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S.L. 111.1 · Personal Injuries Of Civilians Scheme (S.L. 111.1)

S.L. 111.1 Art. 14Pensions to widows of deceased persons.

PART III

In KraftAmtlicher Text

(1) Where a person has died as the direct result of a qualifying injury which may be compensated on the higher scale and there is a widow of that person, that widow may be awarded in respect of that injury a pension in accordance with the following provisions of this article.

(2) The pension which may be awarded to the widow shall be at a weekly rate not exceeding -

(a) in a case where she has attained the age of forty years, or an allowance may be awarded to her in respect of a dependent minor of her husband under article 15 of this Scheme, or she is incapable of self-support thirty-

three euros and seventy-eight cents (33.78);

(b) in any other case, thirty-three euros and seventy-eight cents (33.78).

(3) Where at the date of the death of the deceased person his widow was separated from him, a pension may only be awarded to her under this article -

(a) if she was entitled to periodical payments from him under a maintenance or separation order or a judgment awarding maintenance, and was, during the period of six months expiring on the date of his death or during such other period as the Committee may in any special case determine, either receiving payments to which she was so entitled or taking reasonable steps to obtain them; or

(b) in any other case, if the deceased person was during any such period contributing to a reasonable extent to her support; and the weekly rate of the pension shall be such as the Committee may determine, being a weekly rate which does not exceed -

(i) in the case mentioned in paragraph (a) of this sub-article, the rate (calculated on a weekly basis) of the periodical payments; or

(ii) in the case mentioned in paragraph (b) of this paragraph, the average weekly amount that the deceased person had been contributing to the support of the widow during any such period as is mentioned in that paragraph; and does not in any case exceed thirty-three euros and seventy-eight cents (33.78).

(4) For the purposes of this article, a widow who at the date of the death of her husband was separated from him may be treated as if she were not then separated from him if the separation was, in the opinion of the Committee, caused by his mental instability, being mental instability due to a qualifying injury sustained by him.

Änderungsgeschichte
  • Amended by L.N. 409 of 2007