HL Deb 30 June 1948 vol 157 cc104-5

Clause 37, page 25, line 46, at end insert— ("The date hereinbefore referred to is the last of the following dates, that is to say—

  1. (a) the date on which the application for the allowance was granted or, where the application was granted before the commencement of this Act but so as to take effect at a subsequent date not earlier than the commencement thereof, the date on which the allowance became payable;
  2. (b) the date of the death of the first to die of the child's parents;
  3. (c) where it is proved that at the later of the dates mentioned in the foregoing paragraphs the person in question had reasonable cause to believe that both parents of the child were alive, the date on which the said person became aware that one of the child's parents had died.")

LORD MORRISON

My Lords, Clause 37, subsection (1) as it is drafted brings within the scope of the child life protection provisions total or partial orphans who are being maintained by a person other than a parent, guardian or relative, to whom a guardian s allowance or family allowance is payable by reason of the child being so maintained. As subsection (1) is drafted the child life protection provisions apply as from the date on which the person's application for a guardian's or family allowance is granted. A person may be in receipt of a family allowance by reason of maintaining a child who is not his own and who is not a total or partial orphan. In that case the child life protection provisions would not necessarily apply, but they would apply if the child became a total or partial orphan while being cared for in this way. The Amendment provides for this contingency. I beg to move that this House do agree with the Commons in the said Amendment.

Moved, that this House do agree with the Commons in the said Amendment.—(Lord Morrison.)

On Question, Motion agreed to.