No. 29/1949:

MILITARY SERVICE PENSIONS (AMENDMENT ACT, 1949

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title and collective citation.

2 Definitions.

3 Deductions in respect of public claims from pensions under the Act of 1924 or the Act of 1934.

4 Repeals.

PART II AMENDMENTS OF THE ACT OF 1924

5 Interpretation of Part II.

6 Re-examination of certain applications under the Act of 1924.

7 Grant of certificates of military service to applicants refused grant under subsection (3) of section 2 of the Act of 1924.

8 Restoration of pensions under the Act of 1924 forfeited or revoked.

9 Date of commencement of certain pensions under the Act of 1924.

PART III AMENDMENTS OF THE ACT OF 1934

10 Interpretation of Part III.

11 Re-investigation of certain applications under the Act of 1934.

12 Grant of service certificates to applicants refused grant under subsection (3) of section 10 of the Act of 1934.

13 Restoration of pensions under the Act of 1934 revoked or forfeited.

14 Date of commencement of certain pensions under the Act of 1934.

SCHEDULE

AN ACT TO AMEND THE MILITARY SERVICE PENSIONS ACTS, 1924 TO 1946.

[7th December, 1949.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I PRELIMINARY AND GENERAL

1.—(1) This Act may be cited as the Military Service Pensions (Amendment) Act, 1949 .

(2) The Military Service Pensions Acts, 1924 to 1945, and this Act may be cited together as the Military Service Pensions Acts, 1924 to 1949.

2.—In this Act—

the expression "the Act of 1924" means the Military Service Pensions Act, 1924 (No. 48 of 1924), as amended by the Act of 1925, the Military Services Pensions Act, 1930 (No. 8 of 1930), the Act of 1934, the Act of 1944, and the No. 2 Act of 1945;

the expression "the Act of 1925" means the Military Service Pensions Act, 1925 (No. 15 of 1925);

the expression "the Act of 1934" means the Military Service Pensions Act, 1934 (No. 43 of 1934), as amended by the Act of 1944, the Military Service Pensions (Amendment) Act, 1945 (No. 11 of 1945), and the No. 2 Act of 1945;

the expression "the Act of 1944" means the Military Service Pensions (Amendment) Act, 1944 (No. 5 of 1944);

the expression "the No. 2 Act of 1945" means the Military Service Pensions (Amendment) (No. 2) Act, 1945 (No. 34 of 1945);

the expression "the operative date" means the date of the passing of this Act.

3.—(1) There may be deducted, from any pension payable under the Act of 1924 or under the Act of 1934, any moneys due or owing to a State authority by the person to whom the pension is payable.

(2) Where a deduction from a pension may be made under subsection (1) of this section, payment of the pension may be withheld until the amount of the deduction is ascertained.

(3) For the purpose of this section, each of the following shall be a State authority—

( a ) a Minister of State,

( b ) the Commissioners of Public Works in Ireland,

( c ) the Irish Land Commission.

4.— The enactments mentioned in column (2) of the Schedule to this Act are hereby repealed to the extent mentioned in column (3) of the said Schedule.

PART II AMENDMENTS OF THE ACT OF 1924

5.—(1) In this Part the expression "the Board" means the board of assessors constituted under section 3 of the Act of 1924.

(2) This Part shall be construed as one with the Act of 1924.

6.—(1) Where—

( a ) an application for a certificate of military service was made before the operative date, and

( b ) the Minister, under subsection (2) of section 2 of the Act of 1924, refused to grant a certificate of military service to the applicant, and

( c ) the applicant, not later than eighteen months after the operative date, sends to the Board, through the Minister, a petition in writing requesting them to re-examine the application on the ground that he is in a position to prove facts sufficient to establish that he is a person to whom the Act of 1924 applies, and

( d ) the petition contains a statement of the said facts,

the following provisions shall have effect—

(i) if the Board are of opinion that (having regard to the facts alleged in the petition and to the evidence previously before the Board in any proceedings had in relation to the application under the Act of 1924) there is a prima facie case that he is a person to whom the Act of 1924 applies, the Board shall re-examine the application,

(ii) if the Board are not of that opinion, the Board shall refuse to re-examine the application and inform the Minister accordingly.

(2) Where the Board are required by subsection (1) of this section to re-examine an application for a certificate of military service—

( a ) the provisions of the Act of 1924 shall apply as if—

(i) the Minister had not, before the operative date, referred the application to the Board under subsection (2) of section 2 of the Act of 1924, and

(ii) The Minister had, on or after the operative date, so referred the application,

( b ) if a pension under the Act of 1924 is granted to the applicant, the pension shall, notwithstanding anything contained in the Act of 1924, commence on—

(i) in case the applicant is serving in the Defence Forces on the operative date, the date of his discharge therefrom,

(ii) in any other case, such date (not being earlier than the operative date) as the Minister may appoint.

(3) The Minister may make rules prescribing the procedure of the Board under subsection (1) of this section.

(4) In this section the word "evidence" includes any information obtained as the result of inquiries made by the Board or on their behalf or furnished by any person.

7.—Where the Minister, under subsection (3) of section 2 of the Act of 1924, has refused to grant a certificate of military service to an applicant therefor—

( a ) the Minister may, in his absolute discretion, grant to the applicant a certificate of military service,

( b ) if the Minister does so, any pension granted to the applicant shall commence on the date on which the certificate of military service is granted to the applicant.

8.—(1) Where a pension under the Act of 1924 has been forfeited under section 6 of the Act of 1924 or revoked under the Act of 1925 the Minister may by order, made with the consent of the Minister for Finance, restore such pension either in whole or in part.

(2) Where a pension is restored in part under subsection (1) of this section, the Minister may by order, made with the consent of the Minister for Finance, restore the balance of such pension.

(3) Payment of any pension or part of any pension which has been restored under this section shall be made from such date (not being earlier than the date of the order restoring it) as the Minister may determine.

9.—Where—

( a ) a certificate of military service is granted to a person in pursuance of an application made after the operative date, and

( b ) a pension under the Act of 1924 is granted to that person,

the pension shall, notwithstanding anything contained in the Act of 1924, commence on,—

(i) in case that person is serving in the Defence Forces on the operative date, the date of his discharge therefrom,

(ii) in any other case, such date (not being earlier than the operative date) as the Minister may appoint.

PART III AMENDMENTS OF THE ACT OF 1934

10.—This Part shall be construed as one with the Act of 1934.

11.—(1) Where—

( a ) an application for a service certificate was made before the operative date, and

( b ) the Minister, under subsection (1) of section 10 of the Act of 1934, refused to grant a service certificate to the applicant, and

( c ) the applicant, not later than eighteen months after the operative date, sends to the Referee, through the Minister, a petition in writing requesting him to reinvestigate the application on the ground that the applicant is in a position to prove facts sufficient to establish that he is a person to whom the Act of 1934 applies, and

( d ) the petition contains a statement of the said facts,

the following provisions shall have effect—

(i) if the Referee is of opinion that (having regard to the facts alleged in the petition and to the evidence previously before the Referee in any proceedings had in relation to the application under the Act of 1934) there is a prima facie case that the applicant is a person to whom the Act of 1934 applies, the Referee shall re-investigate the application,

(ii) if the Referee is not of that opinion, he shall refuse to re-investigate the application and inform the Minister accordingly.

(2) Where the Referee is required by subsection (1) of this section to re-investigate an application for a service certificate—

( a ) the provisions of the Act of 1934 shall apply as if—

(i) the Minister had not, before the operative date, referred the application to the Referee under subsection (1) of section 8 of the Act of 1934, and

(ii) the Minister had, after the operative date, so referred the application,

( b ) if a pension under the Act of 1934 is granted to the applicant, the pension shall, notwithstanding anything contained in the Act of 1934, commence on—

(i) in case the applicant is serving in the Defence Forces on the operative date, the date of his discharge therefrom,

(ii) in any other case, such date (not being earlier than the operative date) as the Minister may appoint.

(3) The Minister may make rules prescribing the procedure of the Referee under subsection (1) of this section.

(4) In this section the word "evidence" includes any information obtained as the result of inquiries made by the Referee or on his behalf or furnished by any person.

12.—Where the Minister, under subsection (3) of section 10 of the Act of 1934, has refused to grant a service certificate to an applicant therefor—

( a ) the Minister may, in his absolute discretion, grant to the applicant a service certificate,

( b ) if the Minister does so, any pension granted to the applicant shall commence on the date on which the service certificate is granted to the applicant.

13.—(1) Where a pension under the Act of 1934 has been revoked under section 12 of the Act of 1934 or forfeited under section 18 of the Act of 1934, the Minister may by order, made with the consent of the Minister for Finance, restore such pension either in whole or in part.

(2) Where a pension is restored in part under subsection (1) of this section, the Minister may by order, made with the consent of the Minister for Finance, restore the balance of such pension.

(3) Payment of any pension or part of a pension which has been restored under this section shall be made from such date (not being earlier than the date of the order restoring it) as the Minister may determine.

14.—Where—

( a ) a service certificate is granted to a person in pursuance of an application made after the operative date, and

( b ) a pension under the Act of 1934 is granted to that person,

the pension shall, notwithstanding anything contained in the Act of 1934, commence on—

(i) in case that person is serving in the Defence Forces on the operative date, the date of his discharge therefrom,

(ii) in any other case, such date (no being earlier than the operative date) as the Minister may appoint.

Section 4.

SCHEDULE