Friendly Societies Act 1974

Section 74.

SCHEDULE 6 Provisions Applicable Where Person Assured is Resident Outside the United Kingdom and Isle of Man

1 (1) Notwithstanding anything in Schedule 1 to this Act, a society is a friendly society for the purposes of this Act (and may be registered as such) if it is a society for the purpose of providing by voluntary subscriptions of the members thereof, with or without the aid of donations, for insuring money to be paid for the funeral expenses of any of the persons mentioned in sub-paragraph (2) below, where, subject to the provisions of any Order in Council under section 7 of the Industrial Assurance and Friendly Societies Act 1948, at the time of the proposal the person in question is ordinarily resident outside the United Kingdom and the Isle of Man.

(2) The persons referred to in sub-paragraph (1) above are the husband, wife or child of a member or the widow of a deceased member.

2 (1) Notwithstanding anything in Schedule 1 to this Act and subject to section 72 of this Act and sub-paragraph (3) below, among the purposes for which a registered friendly society may issue policies of insurance shall be included insuring money to be paid to a member on the duration for a specified period of the life of any of the persons mentioned in sub-paragraph (2) below where, subject to the provisions of any Order in Council under section 7 of the [1948 c. 39.] Industrial Assurance and Friendly Societies Act 1948, the life in question is that of a person who at the time of the proposal is ordinarily resident outside the United Kingdom and the Isle of Man ; and such a policy may include provision for the payment of money in the event of the death of that person before the expiration of the specified period.

(2) The persons referred to in sub-paragraph (1) above are a parent, child, grandparent, grandchild, brother or sister of the member in question.

(3) No such society shall insure or pay on the death of any person under such a policy any sum of money exceeding a reasonable amount for funeral expenses.

(4) The issuing of such policies by a collecting society shall, unless the premiums in respect thereof are payable at intervals of two months or more, be treated as part of the industrial assurance business of the society.

(5) This paragraph and so much of paragraph 4 below as relates to this paragraph shall in their application to collecting societies be construed as one with the Industrial Assurance Acts 1923 to 1968.

3 A registered friendly society or branch thereof shall not in pursuance of paragraph 1 or 2 above insure or pay on the death of a child under the ages hereinafter specified any sum of money which exceeds or which, when added to any amount payable on the death of that child by any other such society or branch or by any trade union or industrial assurance company, exceeds the amounts hereinafter specified, that is to say—

(a) in the case of a child under 3 years of age, £6 ;

(b) in the case of a child under 6 years of age, £10 ;

(c) in the case of a child under 10 years of age, £15.

4 (1) For the purpose of calculating the maximum sum which may be insured or paid under paragraph 2 or 3 above no account shall be taken of any repayment of the whole or any part of the premiums paid in respect of any endowment policy, or in respect of a policy or other contract insuring money to be paid on marriage, and paragraphs 5, 6 and 7 below shall not apply as respects any such repayment.

(2) In this paragraph " endowment policy " has the same meaning as in section 75 of this Act.

5 (1) Notwithstanding anything in section 70 of this Act, a registered friendly society or branch shall not in pursuance of paragraph 1 or 2 above pay any sum on the death of a child under 10 years of age except upon production by the person claiming payment of a certificate of death issued by the registrar of deaths, or other person having the care of the register of deaths, in accordance with the following provisions of this paragraph.

(2) Where application is made for a certificate of the death of a child for the purpose of sub-paragraph (1) above, the name of the society or branch and the sum sought to be obtained therefrom shall be stated to the registrar of deaths.

(3) The registrar shall write on or at the foot of the certificate the words " to be produced to the society or branch (naming it) said to be liable for payment of the sum of £ (stating the amount)".

(4) All certificates of the same death given for the purpose of sub-paragraph (1) above shall be numbered in consecutive order.

6 (1) A registrar of deaths shall not give for the purpose of paragraph 5(1) above any one or more certificates of death for the payment in the whole of any sum of money exceeding £6 on the death of a child under 3 years, £10 on the death of a child under 6 years or £15 on the death of a child under 10 years.

(2) A registrar of deaths shall not grant any such certificate for the said purpose unless the cause of death has been previously entered in the register of deaths on the certificate of a coroner or of a registered medical practitioner who attended the child during its last illness, or except upon the production of a certificate of the probable cause of death under the hand of a registered medical practitioner or of other satisfactory evidence thereof.

7 A registered friendly society or branch to which is produced for the purpose of paragraph 5(1) above a certificate of the death of a child which does not purport to be the first shall, before paying any money thereon, inquire whether any and what sums of money have been paid on the same death by any other society or branch.

8 Nothing in this Schedule respecting payments on the death of children shall apply to insurances on the lives of children of any age, where the person insuring has an interest in the life of the person insured.

9 Section 7 of the [1948 c. 39.] Industrial Assurance and Friendly Societies Act 1948 (which confers power by Order in Council to provide for extending the application of certain provisions of that Act originally limited to persons resident in Great Britain and for consequential amendment of provisions of that Act) shall have effect as if section 74 of this Act and paragraphs 1 and 2 above were provisions of that Act and for the consequential amendment of which provision may accordingly be made by Order in Council under that section.