No. 678/1935:

THE WIDOWS' AND ORPHANS' PENSIONS (CLAIMS AND PAYMENT REGULATIONS) ORDER, 1935.

THE WIDOWS' AND ORPHANS' PENSIONS (CLAIMS AND PAYMENT REGULATIONS) ORDER, 1935.

THE WIDOWS' AND ORPHANS' PENSIONS (CLAIMS AND PAYMENT REGULATIONS) ORDER, 1935, MADE BY THE MINISTER FOR LOCAL GOVERNMENT AND PUBLIC HEALTH WITH THE CONSENT OF THE MINISTER FOR POSTS AND TELEGRAPHS ON THE 27TH DAY OF DECEMBER, 1935, PURSUANT TO SECTION 65 of THE WIDOWS' AND ORPHANS' PENSIONS ACT, 1935 .

WHEREAS it is enacted by paragraph (a) of sub-section (1) of Section 65 of the Widows' and Orphans' Pensions Act, 1935 , that the Minister for Local Government and Public Health may by order make regulations for prescribing the manner in which claims to pensions may be made, and the manner in which pensions are to be paid :

AND WHEREAS it is enacted by paragraph (c) of sub-section (1) of Section 65 of the said Act that the Minister for Local Government and Public Health may by order make regulations for authorising in such cases as may be prescribed the payment of any sum by way of pension during any period intervening between the making of any claim or the referring of any question and the final determination of the claim or question :

AND WHEREAS it is enacted by paragraph (i) of sub-section (1) of Section 65 of the said Act that the Minister for Local Government and Public Health may by order make regulations for prescribing any matter or thing referred to in the said Act as prescribed or to be prescribed :

AND WHEREAS it is enacted by sub-section (2) of Section 65 of the said Act that regulations under the said Section for prescribing the manner in which pensions are to be paid shall be made with the consent of the Minister for Posts and Telegraphs :

NOW, THEREFORE, the Minister for Local Government and Public Health in exercise of the powers conferred on him by the said Section 65 of the Widows' and Orphans' Pensions Act, 1935 , and of every and any other power him in this behalf enabling, with the consent of the Minister for Posts and Telegraphs, hereby orders as follows, that is to say :—

1. This Order may be cited for all purposes as the Widows' and Orphans' Pensions (Claims and Payment Regulations) Order, 1935.

2. The following regulations shall have effect for the purposes of the Widows' and Orphans' Pensions Act, 1935 , that is to say :—

(1) In these Regulations—

The expression " the Act " means the Widows' and Orphans' Pensions Act, 1935 .

The expression " the Minister " means the Minister for Local Government and Public Health.

The expression " widow's pension " means a pension which is either a widow's (contributory) pension or a widow's (non-contributory) pension.

The expression " orphan's pension " means a pension which is either an orphan's (contributory) pension or an orphan's (non-contributory) pension.

The expression " contributory pension " means a pension which is either a widow's (contributory) pension or an orphan's (contributory) pension.

The expression " child's allowance " means an allowa ce which is either a child's (contributory) allowance or a child's (non-contributory) allowance.

The word " pension " means any pension under the Act.

(2) The Interpretation Act, 1923 , applies to the interpretation of this Order and of the Regulations hereby made thereunder in like manner as it applies to the interpretation of an Act of the Oireachtas.

3.—(1) Every person who desires to make a claim for a pension shall fill up a form of application for the pension and deliver or send the form when filled up to the Minister or to such officer or person as the Minister may appoint for the purpose.

(2) (a) The application shall be in the appropriate form set out in the Schedule to these Regulations, or in such other form substantially to the like effect as the Minister may determine: provided that—

where upon the death of a widow who had made application for and was entitled to a widow's pension as part of which a child's allowance was payable, any child in respect of whom such child's allowance was payable becomes eligible for an orphan's pension, the Minister may treat the application for the widow's pension as an application for an orphan's pension in respect of that child;

(b) where a claim for a pension is not duly signed or attested at the date of receipt by the Minister or such officer or person as the Minister may appoint for that purpose, the Minister may, provided that the claim is duly signed or attested and returned within one month of the date on which it is delivered to the applicant for completion, treat the claim as valid;

(c) where a claim for a pension has been made on a prescribed form other than the appropriate form, the Minister may treat the claim as if it had been made on the appropriate form and if in any particular case the Minister requires the claimant to complete the appropriate form, he may, if he thinks fit, treat the claim as made on the date on which a claim on the form other than the appropriate form was made.

(3) Every postmaster shall supply on demand a form of application, gratis, to any person who desires to make a claim for pension, except in the case of orphans' pensions, when the Minister shall cause the form to be supplied, gratis, to the person desiring to make the claim.

(4) Every person making a claim for a pension shall furnish such certificates by employers and others and such other documents and information as the Minister may require in connection therewith, and shall for that purpose attend at such office or place as the Minister may require.

4.—(1) A deciding officer appointed by the Minister under Section 49 of the Act may, in giving his award or decision on any claim made under these Regulations, have regard to any such evidence or information as in his opinion is sufficient for the purpose.

(2) The Minister shall cause due notice of the award or decision of a deciding officer on a claim to be given in writing to the person making the claim.

5.—(1) Subject as hereinafter provided, pensions shall be paid through the Post Office by means of pension orders payable in each case to the person to whom the pension is payable under the Act (in this Article referred to as "the pensioner") at such post office as the Minister, after consultation with the pensioner, may from time to time determine, the post office at which the pension is payable in the particular case being in this Article referred to as "the appropriate post office."

(2) In every case in which there is an award or decision under which a pension is payable, the Minister shall cause arrangements to be made whereby, on furnishing such evidence of identity and such other particulars as may be required, the pensioner may obtain (either through the postmaster of the appropriate post office or otherwise) a book of pension orders, and the Minister shall cause to be sent to the pensioner written intimation of the appropriate post office and of the arrangements so far as affecting the pensioner.

(3) The pensioner shall furnish, in writing, a statement in such form as the Minister may require, and at such times as the Minister may determine, with respect to the pension continuing to be payable to him.

(4) The Minister shall cause arrangements to be made for the issue to every pensioner either by the postmaster at the appropriate post office or otherwise of a fresh book of pension orders on the expiration of the previous book.

(5) Notwithstanding anything in this Article the Minister may in any particular case arrange for the payment of the pension otherwise than by means of pension orders through the post office.

6. The prescribed day in the week for the purposes of the weekly payments on account of pension shall be Friday.

7. Upon the death of a person entitled to a pension any person having possession or thereafter obtaining possession of the pension order book, and on the marriage of a widow entitled to a widow's pension the widow, shall deliver to the Minister the pension order book then current.

8. Where a claim for a pension has been duly made and the claim or any question in connection therewith has not been finally determined, the Minister may, if a deciding officer is satisfied that the claimant has furnished all such particulars in connection with the claim as she is in a position to furnish, and has produced all particulars and documents in connection therewith which are in her possession or the possession of which she would be able readily to secure, and that, subject to the production of further particulars or documents, the claim appears to be valid, authorise payment of a sum by way of pension for such period or periods as the Minister may from time to time determine.

9.—(1) Where any person, being either a person to whom a pension is payable or a person who is alleged to be entitled to a pension or a person by whom or on whose behalf a claim has been made, is by reason of any mental or other incapacity unable to act and no committee or quasi-committee of her estate has been appointed, the Minister may, upon written application being made to him, appoint a person to exercise on behalf of the person unable to act any right to which that person may be entitled under the Act and to receive on behalf and for the benefit of that person any sums which may become payable to that person by way of a pension; provided that—

(a) no person under 18 years of age shall be capable of being appointed to act under this Article; and

(b) the Minister may at any time in his absolute discretion revoke any appointment made under this Article; and

(c) any person appointed under this Article may, on giving the Minister one month's notice of his intention so to do, resign his office.

(2) Anything required by these Regulations to be done by or to any such person as aforesaid who is by reason of any mental or other incapacity unable to act, may be done by or to the committee or quasi-committee of his estate, if any, or by or to the person appointed under this Article to act on his behalf.

10. Where it is shown that failure to make a claim for a contributory pension within the time specified in sub-section (1) (e) (i) of Section 35 of the Act was due to circumstances over which the claimant had no control, the contributory pension shall commence to accrue on the date on which the claimant became entitled thereto in the following cases:—

(a) where the person in respect of whose insurance the contributory pension becomes payable died outside Saorstát Eireann;

(b) where the failure to make the claim within the time aforesaid was due to—

(i) the inability of the claimant to obtain the appropriate form of application from a postmaster; or

(ii) the person entitled to the pension being unable to act and to instruct any person to act on his behalf by reason of bodily or mental incapacity;

(c) where the person in respect of whose insurance the pension becomes payable disappeared more than one month prior to the date on which the claim is made and his death is presumed to have taken place on or about the date on which he disappeared.

11. Where a claim has been made in the prescribed manner the claim may be amended by notice in writing delivered or sent to the Minister or to such officer as the Minister may appoint for the purpose and the provisions of Section 35 of the Act shall apply to the amended claim as though it were a new claim.

12. Any notice or other document required or authorised to be sent to any person for the purpose of these Regulations shall be deemed to be duly sent if sent by post addressed to that person at his ordinary address.

By Order of the Minister for Local Government and Public Health.

Dated this 27th day of December, 1935.

SEÁN T. Ó CEALLAIGH,

Minister for Local Government and Public Health.

The Minister for Posts and Telegraphs hereby consents to the foregoing Order.

GERALD BOLAND.

SCHEDULE.

APPLICATION FOR WIDOW'S PENSION.

PART I.

1. Full name of claimant : Surname............................................................ ............................................................ ...

(in block capitals)

Christian name(s)............................................................ ........................

2. Full postal address............................................................ ............................................................ .........................

............................................................ ............................................................ ............................

3. Full address of the Post Office at which you desire that pension (if awarded) should be paid............

............................................................ ............................................................ ......................................

(If not, you must fill in space 18.)

6. What was your husband's full name ?

Surname............................................................ .....................................

Christian name(s)............................................................ ......................

11. State particulars of your husband's National Health insurance :—

(a) Name of his Society or Fund............................................................ .........................

(b) Name and number of Branch............................................................ ........................

(if any)

(c) His membership number............................................................ ...........................

18.        PARTICULARS OF CLAIMANT'S BIRTH.

This space need not be filled in if a birth certificate is sent with the claim.

Date of birth............................................................ ............................................................ .............................................

Place where born (Street or Road)............................................................ ............................................................ ........

Town or Paris and County............................................................ ............................................................ .....................

Father's full name and surname............................................................ ............................................................ ............

Father's occupation............................................................ ............................................................ ...............................

Mother's full name and surname............................................................ ............................................................ ........

Mother's maiden surname............................................................ ......... ............................................................ ........

19.  PARTICULARS OF BIRTH OF HUSBAND OF CLAIMANT.

Date of birth............................................................ ............................................................ .......................................

Place where born (Street or Road)............................................................ ............................................................ .

Town or Paris and County............................................................ ............................................................ .............

Father's full name and surname............................................................ ............................................................ .....

Father's occupation............................................................ ............................................................ ........................

Mother's full name and surname............................................................ ............................................................ ..

Mother's maiden surname............................................................ ............................................................ ............

This space need not be filled in if a birth certificate is sent with the claim.

20.       PARTICULARS OF CLAIMANT'S MARRIAGE.

Date of Marriage............................................................ ............................................................ ...................................

Place of Marriage (Town or Village and County)............................................................ ........................................

Name and Religious Denomination of Church or name of Registry Office..........................................................

What was your name before marriage ?............................................................ ........................................................

This space need not be filled in if a certificate of marriage is sent with the claim.

21.       PARTICULARS OF HUSBAND'S DEATH.

Date of your husband's death............................................................ ............................................................ ..........

Place of death (full address)............................................................ ............................................................ .............

His age when he died............................................................ ............... ............................................................ ........

This space need not be filled in if a certificate of death is sent in with the claim.

22. PARTICULARS OF LIVING CHILDREN OF THE CLAIMANT AND/OR HER HUSBAND, WHO ARE UNDER 14 YEARS OF AGE

PARTICULARS OF LIVING CHILDREN OF THE CLAIMANT AND/OR HER HUSBAND, WHO ARE OVER THE AGE OF 14 AND UNDER THE AGE OF 16, AND ARE EITHER UNDER FULL-TIME INSTRUCTION IN A DAY SCHOOL, OR ARE PHYSICALLY OR MENTALLY INCAPACITATED FROM ATTENDING SCHOOL OR EARNING A LIVELIHOOD.

PART II

This part of the Form must also be completed by a widow of a smallholder who claims a widow's (non-contributory) pension.

28. I HEREBY apply for a Widow's Pension, and such Children's Allowances as I am entitled to under the Widows' and Orphans' Pensions Act, 1935 . I declare that I am the widow of the man named in the reply to question 6 of this Form, and that all the children named on page 5 of this Form are living and are my own and/or my husband's, or of a former wife of my husband, and that there are no other living children, either my own or my husband's or of any former wife of my husband, within the specified ages.

I declare that to the best of my knowledge and belief all the information which I have given in this application is true. I declare that I am not disqualified, nor are any of the children named on page 5 disqualified by reason of any of the Disqualifications stated below which I have read.

Claimant's Signature (or Mark if unable to write).*

...........................................................Date................................................ 193...

The claimant must sign or mark the claim herself unless she is incapable of so doing through bodily or mental infirmity. In such a case any person claiming to act on her behalf should communicate with the Controller, Department of Local Government and Public Health, Widows' and Orphans' Pensions D'Olier House, D'Olier Street, Dublin.

*The signature should be the applicant's usual signature and the christian names should be the applicant's, not her late husband's.

* If an official stamp denoting the office is in use it should be impressed on the certificate.

DISQUALIFICATIONS.

A widow is by law disqualified from receiving a pension in the following cases:—

(1) If, and so long as she and any person are cohabiting together as man and wife.

(2) While she is in prison under a sentence of imprisonment without the option of a fine, or under sentence of penal servitude.

(3) While she is being maintained in any place as a criminal lunatic, or as a non-paying patient in any district or auxiliary mental hospital.

A child's (non-contributory) allowance is not payable if condition (1) is applicable or if the child is resident outside Saorstát Eireann.

Allowances in respect of children are not payable if either condition (2) or (3) is applicable, the child being then treated as an orphan for pension purposes.

A child's allowance cannot be claimed by a widow in respect of a child who has been removed from her custody by order of a Court, sent to a reformatory or industrial school, deserted or abandoned, or who is an inmate of an institution or boarded out by a local authority. In such cases the child is treated as an orphan for pension purposes.

TO BE FILLED IN ONLY WHEN THE CLAIMANT HAS BEEN ASSISTED BY A SUB-POSTMASTER.

I have assisted the claimant to fill up this form.

DATE

STAMP

Signature............................................................ ..............................

Sub-Postmaster of...........................

I certify that the applicant assisted in this case has been granted a pension

(No..........................)     Signature............................................................ ...............................................

Deciding Officer.

Date.................................... 193......

I CERTIFY that the undermentioned child(ren) is/are living and has/have been seen by me this day and that the child(ren) over 14 is/are under full-time instruction in a Day School.

*Name and present address of child(ren) to be inserted by claimant.

STATEMENT AS TO ANNUAL MEANS TO BE COMPLETED BY CLAIMANTS FOR NON-CONTRIBUTORY PENSIONS.

I have clearly understood the above questions, and to the best of my knowledge and belief all the statements made by me are correct.

Signature or Mark of Claimant............................................................ .................

Date............................................................ ........

Signed (or mark made) in my presence :

Witness............................................................ ..............................................

Address............................................................ .............................................

............................................................ .....................................

APPLICATION FOR ORPHAN'S PENSION.

PART 1.

PARTICULARS OF APPLICANT (THAT IS, THE GUARDIAN OR PERSON HAVING CHARGE OF THE ORPHAN).

(1) Full name of applicant :   Surname............................................................ .....................................................

(in block capitals)

Christian name(s)............................................................ .......................................

(2) Full postal address............................................................ ............................................................ ..............................

............................................................ .........................  ............................................................ ....................................

(3) Full address of the Post Office at which you desire that pension (if awarded) should be paid....................

PART 2.

PARTICULARS OF EACH LIVING CHILD UNDER 14 YEARS OF AGE FOR WHOM AN ORPHAN'S PENSION IS CLAIMED.

PARTICULARS OF EACH LIVING CHILD FOR WHOM AN ORPHAN'S PENSION IS CLAIMED WHO IS OVER THE AGE OF 14 AND UNDER THE AGE OF 16, AND IS EITHER UNDER FULL-TIME INSTRUCTION IN A DAY-SCHOOL, OR IS PHYSICALLY OR MENTALLY INCAPACITATED FROM ATTENDING SCHOOL OR ENGAGING IN ANY REMUNERATIVE OCCUPATION.

PART 3.

PARTICULARS OF DECEASED PARENTS OF CHILD(REN) NAMED IN PART 2.

PART 4.

This part of the Form together with Parts 1 to 3 must be completed by the applicant for an orphan's (non-contributory) pension in respect of the child of a smallholder.

PART 5.

I CERTIFY that the undermentioned Child(ren) is/are living and has/have been seen by me this day and that the Child(ren) over 14 is/are under full-time Instruction in a Day School.

PART 6.

PART 7.

CERTIFIED APPLICATION FOR AN ORPHAN'S PENSION.

This application and Declaration must be Signed and Dated by the Applicant in the Presence of the Person who Signs Part 8 below.

I hereby apply for an Orphan's Pension under the Widows' and Orphans' Pensions Act, 1935 , in respect of the child(ren) named in Part 2 of this Form. I declare that I am the of the child(ren) and that the child(ren) of ............................................................ ...... and ............................................................ ..., both of whom are dead. I declare that to the best of my knowledge and belief all the information which I have given in this application is true.

* Delete as necessary.

* Signature (or Mark, if unable to write) ............................................................ ...............

* The signature should be the applicant's usual signature

Date .........................................................

PART 8.

THIS CERTIFICATE MUST BE SIGNED AND DATED IN THE PRESENCE OF THE APPLICANT. THE PERSON SIGNING THIS PART OF THE FORM MUST POSSESS ONE OF THE QUALIFICATIONS SHOWN IN THE MARGIN AND MUST SO DESCRIBE HIMSELF IN THE SPACE PROVIDED UNDER HIS SIGNATURE.

If an official stamp denoting the Office is in use it should be impressed on the Certificate.

STATEMENT AS TO ANNUAL MEANS TO BE COMPLETED IN RESPECT OF EACH CHILD FOR WHOM AN ORPHAN'S (NON-CONTRIBUTORY) PENSION IS CLAIMED. A SEPARATE ANSWER MUST BE GIVEN TO EACH QUESTION IN RESPECT OF EACH CHILD, THE NAME OF THE CHILD BEING STATED IN EACH CASE.

I have clearly understood the above questions, and to the best of my knowledge and belief all the statements made by me are correct.

Signature or Mark of Applicant............................................................ .......................................

Date............................................................ .............................................