Social Security Act (Cap. 318), article 32

32. (1) Notwithstanding the provisions of article 31, a widow under pension age who is gainful ly occupied, shall not be entit led 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 in formed of such gainful occupation: Provided that no account s hall 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 ag e 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 daug hter in respect of whom an allowance under article 76 is being paid or a fostered child in respect of whom an allowance under article 76 A 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 unde r this Part whilst she is gainfully occu pied, whatever the earnings de rived therefrom: Provided that with effect from the 6th January 2007, where entitlement under the provision s of this article ceases to appl y, such widow shall continue to remain entitled to receive a pension un der this part, for the period starting from the first Saturday foll owing the date on which the son or daughter reaches the age of sixtee n years, or from the 6th January 2007, whichever is the later, an d ending on the Friday following t he 21st birthday of the child i f: Cap. 452. (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 a n d Jobsplus had been duly informed of such gainful occupation; and 56 CAP. 318.] SOCIAL SECURITY Cap. 605. (b) such son or daughter is undergoing full time education or training in an educational institution recognized in terms of the Education Act ; or Cap. 594. (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 pa yable under this Act: Cap. 452. 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 g ainful occupation and the Natio nal Minimum Wage as is applicable t o persons of eighteen years of a ge 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 m ay 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 earnin gs from such gainful occupation ex ceed the national minimum wage. Widow’s Pension to be abated by pension from late husband’s employer. Added by: XIII.1991.14. Re-numbered by: XXIV . 1993.2. Amended by: XXII. 1997.3 L.N. 424 of 2007.