S.L. 111.1 Art. 16Pensions to dependent minors of deceased persons.

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

Provided that -

(a) where the deceased person was a male person, a pension may only be awarded to his dependent minor if that minor is neither residing with nor in the custody of the widow, being a widow who was on his death eligible for a widow’s pension under article 14 of this Scheme;

(b) where the deceased person was a female person, a pension may only be awarded to her dependent minor if it is not possible, or not reasonably practicable, for means of support for that minor to be obtained from any individual liable to contribute to the support of that minor.

(2) A pension under this article awarded to a dependent minor of a male person shall be at a weekly rate not exceeding eighty-five cents (0.85) in the case of the first minor, seventy cents (0.70) in the case of the second minor and fifty-two cents (0.52) in respect of each additional minor.

(3) Where a widow’s pension under article 14 of this Scheme is not being paid or applied to or for the benefit of the widow of a deceased person, a pension awarded under this article to a dependent minor of that person may, if the Committee think fit having regard to the fact that the minor is motherless or has been removed from the custody of his mother or to any other circumstances of the case, be at a weekly rate not exceeding three euros and thirty-five cents (3.35) or, where there is more than one dependent minor of the deceased person residing in the same household three euros and thirty-five cents (3.35) in the case of the first minor in that household, and eighty-five cents (0.85) in the case of each additional minor in that household.

(4) Where there is more than one dependent minor of a deceased male person and there is a widow of that person who was on his death eligible for a widow’s pension under article 14 of this Scheme, the aggregate of the rates of any pensions under this article, or of the rates of any such pensions together with the rates of any allowances under article 15 of this Scheme, which may be paid to or in respect of the dependent minors of that deceased person shall not exceed -

(a) in a case where a widow’s pension is being paid the aggregate of the rates of the allowances which could be awarded under article 15 of this Scheme in respect of all the dependent minors of that person if they were all minors in respect of whom allowances under that article might be awarded; and

(b) in a case where a widow’s pension is not being paid by reason of any provision of this Scheme the aggregate of the rate at which that pension could be paid to her but for the provision by reason of which it is not being paid and the rates of the allowances which could be awarded under article 15 of this scheme in respect of all the dependent minors of that person if they were all minors in respect of whom allowances under that article might be awarded.

(5) A pension under this article awarded to a dependent minor of a female person shall be at a weekly rate not exceeding three euros and thirty-five cents (3.35), or where there is more than one dependent minor of that person residing in that same household three euros and thirty-five cents (3.35) in the case of the first minor in that household and eighty-five cents (0.85) in the case of each additional minor in that household.