Cap. 318 Art. 32Non-eligibility to a pension in widowhood.

(1) Notwithstanding the provisions of article 31, a widow under pension age who is gainfully occupied, shall not be entitled to any pension mentioned in that article unless -

(i) she proves to the satisfaction of the Director that her earnings from any gainful occupation do not exceed a weekly average equivalent to the

National Minimum Wage as is applicable to persons of 18 years of age or over established by a National Standard Order issued under the Employment and Industrial Relations Act, and

Jobsplus had been duly informed of such gainful occupation: Provided that no account shall be taken of the earnings derived from membership of any Board, committee, commission or council established by or under any law or of such classes of earnings as the Minister may declare by order, published in the Gazette; or

(ii) she is over the age of sixty-five years.

(2) Notwithstanding the provisions of sub-article (1), a widow under the age of 60 years who is taking care of her son or daughter in respect of whom an allowance under article 76 is being paid or a fostered child in respect of whom an allowance under article 76A is being paid, and such son or daughter has not yet reached his or her 18th birthday shall still be entitled to a pension payable under this Part whilst she is gainfully occupied, whatever the earnings derived therefrom: Provided that with effect from the 6th January 2007, where entitlement under the provisions of this article ceases to apply, such widow shall continue to remain entitled to receive a pension under this part, for the period starting from the first Saturday following the date on which the son or daughter reaches the age of sixteen years, or from the 6th January 2007, whichever is the later, and ending on the Friday following the 21st birthday of the child if:

(a) such widow is gainfully occupied and the earnings from such gainful occupation exceed a weekly average equivalent to the National Minimum Wage as applicable to persons of eighteen years of age or over established by a National Standard Order made under the Employment and Industrial Relations Act and Jobsplus had been duly informed of such gainful occupation; and

(b) such son or daughter is undergoing full time education or training in an educational institution recognized in terms of the Education Act; or

(c) such son or daughter is registered in the Register established under the Employment and Training Services Act and who has never been gainfully occupied, and who is not in receipt of any benefit, pension or assistance payable under this Act: Provided further that the rate of pension payable under this sub-article shall be abated by the difference obtained between such widow’s actual earnings from a gainful occupation and the National Minimum Wage as is applicable to persons of eighteen years of age or over established by a National Standard Order made under the Employment and Industrial Relations Act, but in no case shall receive a rate of pension less than the Widow’s Pension rate in terms of article 31 or 33 as may be applicable in her case: Provided that with effect from the 4th January 2014, entitlement for the full Pension under Part IV shall not cease notwithstanding such widow is gainfully occupied and the earnings from such gainful occupation exceed the national minimum wage.