S.I. No. 57/1929 - Royal Irish Constabulary (Resigned and Dismissed) Pensions Order, 1929.

STATUTORY RULES AND ORDERS. 1929. No. 57.

ROYAL IRISH CONSTABULARY (RESIGNED AND DISMISSED) PENSIONS ORDER, 1929.

WHEREAS it is enacted by sub-section (1) of section 3 of the Superannuation and Pensions Act, 1929 (No. 11 of 1929), that the Minister for Finance may by order authorise the grant of pensions, allowances, or gratuities to widows to whom the said section applies and may by such order regulate and appoint the rates and scales of such pensions, allowances, and gratuities and the conditions under which the same are to be payable :

AND WHEREAS by the Royal Irish Constabulary (Resigned and Dismissed) Pensions Order, 1924, made under section 5 of the Superannuation and Pensions Act, 1923 (No. 34 of 1923), the Minister for Finance authorised the grant and payment of pensions to the persons therein described and made the provisions and rules therein contained :

AND WHEREAS by sub-section (2) of section 2 of the said Superannuation and Pensions Act, 1929 , the said Order is made applicable to the persons mentioned in the said section until a further Order is made by the Minister for Finance under the said section 5 of the Superannuation and Pensions Act, 1923 , as amended by the said Superannuation and Pensions Act, 1929 :

NOW, I, EARNAN DE BLAGHD, Minister for Finance, in exercise of the powers conferred on me by the Superannuation and Pensions Acts, 1923 and 1929, and of every and any other power me in this behalf enabling do hereby order as follows :—

PRELIMINARY.

1. This Order may be cited as the Royal Irish Constabulary (Resigned and Dismissed) Pensions Order, 1929.

2. In this Order the expression " The Principal Act " means the Superannuation and Pensions Act, 1923 (No. 34 of 1923),

the expression " the Act of 1929 " means the Superannuation and Pensions Act, 1929 (No. 11 of 1929),

the expression " the Order of 1924 " means the Royal Irish Constabulary (Resigned and Dismissed) Pensions Order, 1924, and

the expression " the Minister " means the Minister for Finance.

3. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

PART I.

4. This part of this Order applies to all widows to whom section 3 of the Act of 1929 applies.

5. In this Part of this Order the word " pensioner " means a person to whom a pension is granted under this Part of this Order.

6. Subject to the provisions of this Part of this Order the Minister may grant to any widow to whom this Part of this Order applies a pension at the rate of thirty pounds a year.

7. A pension granted under this Part of this Order shall commence :—

(a) in the case of a widow whose deceased husband was at the date of his death, in receipt of a pension granted by virtue of section 5 of the Principal Act or of that section as amended by the Act of 1929, from the day immediately following the date of her deceased husband's death or from the end of the last period in respect of which her deceased husband's pension was paid, whichever is the later ;

(b) in the case of a widow whose deceased husband resigned or was dismissed from the Royal Irish Constabulary on or after the 1st day of April, 1916, and before the 6th day of December, 1921, and died before the passing of the Principal Act and is the subject of a certificate given under and in accordance with section 5 of that Act and in the opinion of the Committee of Inquiry mentioned in section 2 of the Act of 1929 resigned or was dismissed from the Royal Irish Constabulary because of his national sympathies, from the 8th day of August, 1923 ;

(c) in the case of a widow whose deceased husband died before the passing of the Act of 1929 and would, if he had survived the passing of that Act, have been qualified for the grant of a pension under section 2 of that Act, from the 14th day of May, 1929.

8. Where a widow to whom this Part of this Order applies receives, before the grant to her of a pension under this Part of this Order, compensation in respect of the death of her husband, whether awarded under the Acts relating to compensation for criminal injuries or awarded or paid otherwise, such compensation may be taken into account in considering the granting to her of a pension under this Part of this Order and in assessing such pension if granted, and where a pensioner receives any such compensation as aforesaid, her pension may be re-assessed having regard to such compensation and be varied or cancelled accordingly.

9. A pension granted under this Part of this Order shall be granted only on condition that it may be withdrawn by the Minister at his discretion wholly or in part either permanently or temporarily if the pensioner is convicted of any crime or offence by a court of competent jurisdiction and is sentenced by that Court to penal servitude or to imprisonment for any term exceeding three months.

10. Every assignment of and every charge on and every agreement to assign or charge any pension granted under this Part of this Order shall be null and void, and on the bankruptcy of the pensioner the pension shall not pass to any trustee or any person acting on behalf of the creditors.

11. Where any sum is due from a pensioner to the Minister or to any other Minister who is Head of a Department of State or to any statutory body under the control of any such Minister, the Minister may deduct the amount of any such sum from the pension.

12. Where upon the death of a pensioner a sum not exceeding one hundred pounds is due to her estate on account of a pension, the Minister may, without requiring probate of her will or letters of administration of her personal estate to be obtained, pay such sum to such person or persons as appear to him to be beneficially entitled to the personal estate of the deceased, or in the case of the illegitimacy of the deceased to such person or persons as the Minister may think fit, and the Minister and any officer of the Minister making the payment shall be discharged from all liability in respect of any such payment.

13. If the Minister is satisfied on the certificate of a duly qualified medical practitioner that a pensioner is unable by reason of mental disability to manage her affairs, he may pay the pension wholly or in part either to the institution or the person having the care of the pensioner, or wholly or in part otherwise for the benefit of the pensioner or the pensioner's dependants (if any) in such manner as he may think fit, and the Minister and any officer of the Minister making the payment shall be discharged from all liability in respect of any payment so made.

14. If a widow to whom this Part of this Order applies was living apart from her husband at the time of his death (not being deserted by him) a pension shall be paid to her only if the Minister is satisfied that her deceased husband regularly contributed to her support, and the amount of the pension shall not, in such a case, exceed the amount which her deceased husband so contributed.

15. No pension shall be granted under this Part of this Order to a widow unless her marriage to her deceased husband took place while he was serving in the Royal Irish Constabulary.

16. No pension shall be granted under this Part of this Order to a widow who is eligible for a pension, gratuity, or other allowance under the Superannuation Acts, 1834 to 1923, or the Army Pensions Acts, 1923 and 1927, or in respect of her deceased husband's service (if any) in the Gárda Síochána.

17. Payment of a pension granted under this Part of this Order shall, if at any time the pensioner re-marries, be suspended, but, in the event of her again becoming a widow, payment may be resumed on proof to the satisfaction of the Minister that her circumstances are such that the pension is necessary for her support.

18. Every pension granted under this Part of this Order shall be paid, after the first instalment, monthly in advance subject to such deductions (if any) as may be authorised by this Part of this Order, and on the death of a pensioner before the expiration of a month for which an instalment has been so paid in advance no refund shall be required in respect of the portion of such month subsequent to the death of such pensioner.

19. Where a pensioner is appointed to any office or employment remunerated out of moneys provided by the Oireachtas or by the Parliament of Great Britain or the Parliament of Northern Ireland, or which is a " public office " within the meaning of the Superannuation Act, 1892, or any Act amending the same, payment of the pension shall be suspended during such period as she remains in that office or employment.

PART II.

20. The Order of 1924 shall be construed and have effect and be deemed always to have had effect as if there were inserted in Paragraph 1 of Part II. of the Schedule to the said Order a new sub-paragraph as follows :—

" (5) If the Minister for Finance is satisfied on the certificate of a duly qualified medical practitioner that a person (in this paragraph referred to as a pensioner) who has been granted a pension under this Order is unable by reason of mental disability to manage his affairs he may pay the pension wholly or in part either to the institution or the person having the care of such pensioner or wholly or in part otherwise for the benefit of such pensioner or such pensioner's dependants (if any) in such manner as he may think fit and the Minister for Finance and any officer of the Minister for Finance making the payment shall be discharged from all liability in respect of any payment so made."

21. Sub-paragraph (a) of sub-paragraph (1) of paragraph 2 of Part II. of the Schedule to the Order of 1924 shall be construed and have effect and shall be deemed always to have had effect as if the word " not " now contained therein were omitted therefrom.

22. The Order of 1924 as amended by this Part of this Order shall with the necessary modifications extend and apply to every person to whom the Minister is authorised by section 5 of the Principal Act as amended by section 2 of the Act of 1929 to grant a pension allowance or gratuity.

Given under my seal of office this 3rd day of December, 1929.

(Signed), EARNÁN DE BLAGHD.

Minister for Finance,