Derivative Settlement - Definition - Law Dictionary Home Dictionary Definition derivative-settlement

Definition :

Derivative settlement, in Poor Law that settlement (see SETTLEMENT) which a poor person may acquire from his parent's settlement. The (English) Poor Law Act, 1930 (20 Geo. 5, c. 17), s. 85, enacts:-

(1) Until a person acquires a settlement of his own or derives a settlement from a husband, that person-

(a) if a legitimate child, shall take and follow, up to the age of sixteen, the settlement of his father, or if and so long as his father has no settlement, the settlement which his mother had immediately before her marriage to his father, but if after the death of the father the mother acquires a settlement (not being a derivative settlement) shall take and follow, up to the age of sixteen, that settlement;

(b) if an illegitimate child, shall take and follow, up to the age of sixteen, the settlement of his mother;

and shall in either case retain that settlement which under the forgoing provisions of the section he had at the age of sixteen.

(2) Deals with the settlement of a married woman.

(3) If any person, whether legitimate or illegitimate, who has attained the age of sixteen, has not acquired a settlement nor derived one from a husband, and it cannot be shown what settlement has been derived from a parent without inquiring into the derivative settlement of that parent, that person shall be deemed to be settled in the county or county borough in which he was born.

See as to the previous law, 39 & 40 Vict. c. 61, and Reigate Union v. Croydon Union, (1889) 14 App Cas 465, and Lexden and Winstree Union v. Windsor Union, (1921) 2 KB 143.