S.L. 111.1 Art. 18Pensions to orphan brothersandsisters 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 an orphan brother or sister of that person who is in need and 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 brother or sister may be awarded under this article in respect of that injury a pension at such weekly rates (not exceeding not exceeding seventy-six cents (0.76)) as the Committee may, after taking into consideration the financial resources of that brother or sister, consider appropriate in the circumstances of the case: Provided that -

(a) a pension under this article shall not be awarded in respect of an injury if a pension or allowance under any of the foregoing provisions of this Part of this Scheme is being paid in respect of that injury; and

(b) where more than one pension awarded under this article in respect of the same injury is being paid, the aggregate of those pensions shall not at any time exceeds one euro and thirty-four cents (1.34).

(2) Not more than one pension may be paid at the same time under this article to the same person.

(3) In this article the expression "orphan brother or sister", in relation to a deceased person, means a brother or sister of that person whose parents are both dead and who has not attained the age of fourteen years, and includes a half-brother or half-sister: Provided that a brother or sister of that person who -

(i) had on the date of the death of the deceased person attained the age of fourteen years and was on that date a person receiving full time instruction at a school; or

(ii) is, on the date when he or she attains the age of fourteen years, a person receiving such instruction, may be treated, for the purposes of this sub-article, as a brother or sister of that person who has not attained the age of fourteen years until the date on which he or she ceases to be a person receiving such instruction or the thirty-first day of July next following the day on which he or she attains the age of fifteen years, whichever is the earlier date.