S.L. 111.1 Art. 17Pensionstoparents of deceased persons.

(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 parent of that person -

(a) who at the time of the qualifying injury is in need, or at any time thereafter becomes in need, in either case the need ensuing from the fact that he is not less than sixty years of age or, in the case of a female parent, that she is not less than fifty-five years of age, or from some infirmity or other adverse condition which is not of a temporary character; or

(b) to whose support that person had been regularly contributing during the year immediately preceding the date of his death, or during such other period as the

Committee may in any special case determine, that parent may be awarded under this article in respect of that injury a pension in accordance with the following provisions of this article.

(2) (a) In determining whether and to what extent a parent is in need, the Committee shall take into account the amount of the contribution to the support of that parent which the deceased person had been making before his death and which he would, in the opinion of the Committee, have been likely to continue to make if he had not died.

(b) Notwithstanding the provisions of the following sub-articles of this article, a female parent may be awarded a pension in accordance with the provisions of this article, if she is a widow and if the Committee is satisfied that she was substantially dependent on the deceased person and that she is in genuine need.

(3) Where an award to a parent may be made under this article in respect of qualifying injuries sustained by two or more deceased persons -

(a) one pension only may be awarded under this article in respect of those injuries; and

(b) sub-article (2) of this article shall have effect as if it referred to the contributions of all those deceased persons.

(4) Where the conditions for the award of a pension under this article are fulfilled in the case of both the parents of a deceased person or of two or more deceased persons, one pension only may be awarded under this article and that pension may be awarded to whichever of those parents the Committee may select:

Provided that where those parents are separated a pension may, if the Committee thinks fit, be awarded to each of them, so, however, that the aggregate weekly rate of those pensions do not exceed the maximum weekly rate at which a pension under this article could have been awarded if those parents were not separated.

(5) The pension awarded under this article shall be at such weekly rate as the Committee may determine, being a weekly rate which is not less than thirty-five cents (0.35) and, where there is only one parent, is not more than thirty-three euros and seventy-eight cents (33.78) and, where there are two parents, is not more than thirty-three euros and seventy-eight cents (33.78): Provided that where by reason of exceptional circumstances the Committee thinks fit, a pension may be awarded at a weekly rate which exceeds thirty-three euros and seventy-eight cents (33.78) by an amount which does not exceed thirty-three euros and seventy-eight cents (33.78).

(6) For the purpose of this article, a person shall be deemed to be a parent of a deceased person if that deceased person was a minor whom he had adopted according to law.