1. HomeBaile
  2. Statutory InstrumentsIonstraimí Reachtúla
  3. 1940
  4. S.I. No. 9/1940 - The Widows' and Orphans' Pensions (Calculation of Means) Regulations, 1940.

S.I. No. 9/1940 - The Widows' and Orphans' Pensions (Calculation of Means) Regulations, 1940.

STATUTORY RULES AND ORDERS. 1940. No. 9.

THE WIDOWS' AND ORPHANS' PENSIONS (CALCULATION OF MEANS) REGULATIONS, 1940.

The Minister for Local Government and Public Health, in exercise of the powers conferred on him by paragraph (i) of sub-section (1) of Section 65 and paragraphs (a), (d) and (e) of sub-rule (1) of Rule (1) of the First Schedule to the Widows' and Orphans' Pensions Act, 1935 , by this, his Order, makes the following regulations, that is to say :—

1. These regulations may be cited as the Widows' and Orphans' Pensions (Calculation of Means) Regulations, 1940.

2. The Interpretation Act, 1937 , applies to the interpretation of these regulations.

3. The Widows' and Orphans' Pensions (Calculation of Means Regulations) Order, 1935, is hereby revoked.

4. The yearly value of all property belonging to a particular person (not being property personally used or enjoyed by him) which is invested or is otherwise put to profitable use, or is capable of being, but is not invested or put to profitable use, shall be ascertained in the following manner, that is to say :—

(1) The first twenty-five pounds of the capital value of the said property shall be excluded ; and

(2) the yearly value of the next three hundred and seventy-five pounds of the capital value of the said property shall be taken to be one-twentieth part of so much of the capital value as exceeds twenty-five pounds and does not exceed four hundred pounds ; and

(3) the yearly value of so much of the capital value of the said property as exceeds the sum of four hundred pounds shall be taken to be one-tenth part of so much of the capital value as exceeds four hundred pounds.

5. The yearly value of any advantage accruing to a particular person from the use of property (other than furniture and personal effects) which is personally used or enjoyed by such person shall be ascertained by reference to the facts, evidence and information which it is reasonably possible to obtain in each particular case and which appear to be sufficient for the purpose.

6. Where a particular person has directly or indirectly deprived herself of any property in order to qualify herself for the receipt of a widows' (non-contributory) pension, the means of such person shall be calculated as if such property still belonged to such person.

Given under the Official Seal of the Minister for Local Government and Public Health, this Seventh day of February, one thousand nine hundred and forty.

PATRICK RUTTLEDGE,

Minister for Local Government and Public Health.