S.I. No. 3/1925 - Pensions Declarations by Pensioners.


STATUTORY RULES AND ORDERS. 1925. No. 3.

PENSIONS DECLARATIONS BY PENSIONERS.

Warrant of the Minister for Finance, dated 9th February, 1925, prescribing Forms of Declaration to be subscribed by Pensioners, etc., and List of Persons entitled to Attest such Declarations.

To all whom it may concern :

WHEREAS it is enacted by Section 4 of the Appropriation Act, 1924 (No. 34 of 1924), and corresponding Sections of the Appropriation Acts of previous years, that " a person shall not receive any part of a grant which may be made in pursuance of this Act for non-effective services until he has subscribed such declaration as may from time to time be prescribed by a Warrant of the Minister for Finance before one of the persons prescribed by such Warrant, provided that whenever any such payment is made at more frequent intervals than once in a quarter, the Minister for Finance may dispense with the production of more than one declaration in respect of each quarter."

AND WHEREAS certain forms of declaration have been prescribed by the British Treasury Warrant of 13th July, 1894,* and subsequent Warrants, and lists of persons before whom such declarations may be subscribed have been prescribed by British Treasury Warrant of 18th October, 1893, and subsequent Warrants :

AND WHEREAS it has become expedient that these forms of declaration and the lists of persons shall be amended :

NOW THEREFORE I, EARNÁN DE BLAGHD, being the Minister for Finance, by virtue of the powers given to me by the Annual Appropriation Act, and of every other power enabling me in this behalf, do hereby revoke and annul except as regards the validity of any acts done under a declaration made before 1st July, 1925, all and every preceding Warrant so far as the same may prescribe forms of declaration and lists of persons before whom declarations may be subscribed under the Annual Appropriation Acts, and instead thereof do order and prescribe as follows :—

The declaration shall contain a statement that the declarant is entitled to receive the amount of the grant, and shall state the full name of the person to whom or on whose behalf the grant is payable (in this Warrant referred to as the " grantee "), the service in respect of which the grant was awarded, the age (or year of birth), and place of residence of the grantee, and (1) save in the cases of grants under the National School Teachers (Ireland) Act, 1879 ; the Army Pensions Act, 1923 (No. 26 of 1923), and the Military Service Pensions Act, 1924 (No. 48 of 1924), whether the grantee has been employed in any public department or in any office remunerated out of moneys provided by Parliament (including the Oireachtas of Saorstát Eireann, 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 amendment thereof, and whether the grantee has received any pension, salary, wages, or other remuneration or emoluments from Parliamentary grants or Public Funds of the Government of Saorstát Eireann or the Government of Great Britain, or the Government of Northern Ireland; and, if so, the amount of such pension, salary, wages, or other remuneration or emoluments; (2) in cases of grants under the Military Service Pensions Act, 1924 , whether the grantee has received any remuneration, pension, or allowance payable out of public moneys, whether provided by the Oireachtas or out of the Central Fund or by means of the poor rate or any other rate imposed by a local authority. The declaration shall in addition contain a statement (a) in cases of grants to woman which cease on re-marriage that they have not re-married; (b) in cases of grants to children or other dependants that they are alive, and fulfil the conditions of the grant; (c) in cases of police pensions whether the grantee has taken service in any police force; (d) in cases of certain disability pensions, a statement regarding continued disability.

* S. R. & O., 1894, No. 401.

The person making the declaration shall subscribe it before one of the persons described in the Schedule to this Warrant (in this Warrant referred to as the " attestor "), and the attestor shall state fully the qualification which entitles him to attest, shall certify that the declaration was made in his presence, and shall certify whether he believes the person making the declaration to be the grantee named in the declaration. In cases where the declaration is signed by a person other than the grantee, the department responsible for the payment of the grant may require one of the persons described in the Schedule to this Warrant to certify when he last saw the grantee alive :

Provided always that the person before whom a declaration shall be subscribed shall not be the person to whom or on whose behalf payment is to be made in accordance with the said declaration :

Provided also that in any case the department responsible for the payment of any grant may, if it see fit, require that a declaration shall be subscribed before some person, being one of the persons included in the Schedule, whom the said department may select for the purpose.

From and after the date of this Warrant not more than one declaration shall be required in respect of each quarter, unless the department administering any particular grant otherwise determine.

SCHEDULE.

THE PERSONS BEFORE WHOM THE DECLARATION OF PENSIONERS MAY BE SUBSCRIBED ARE AS FOLLOWS :—

(1) In the Irish Free State.

Officers appointed to examine vouchers for non-effective payments in the offices of the Minister for Finance, the Minister for Posts and Telegraphs, and the Minister for Defence.

Postmasters and Postmistresses actually in charge of Post Office. (The name of the Post Office is to be given on the form of attestation).

Head Teachers of National and Secondary Schools. (The name of the School is to be given on the form of attestation).

Secretaries of Friendly Societies registered under the Friendly Societies Acts.

District Justices and Peace Commissioners.

Any of the persons mentioned in paragraph (2) below.

(2) In the British Empire.

Commissioners for Oaths.

Ministers of religion habitually officiating at a place of worship within 10 miles of the place where the pensioner resides for the time being. (The denomination and the address of the place of worship to be given).

Physicians or Surgeons registered as such under the law of the country, and regularly practising within 10 miles of the place where the pensioner resides for the time being.

Managers, Secretaries, Chief Cashiers, and Accountants of Banks registered under the law of the country, and other officials of such Banks who are authorised by their Banks to sign documents on their behalf, and officials of such Banks for the time being in charge of Branch Banks. (The qualification of the official and the name of the Bank or Branch Bank is to be given on the form of attestation).

Actuaries and Secretaries of Savings Banks registered under Act of Parliament.

Police Officers in actual charge of the nearest Police Station to the place where the pensioner resides for the time being.

(3) In Foreign Countries.

Irish Free State or British Diplomatic or Consular Officers empowered by law to administer oaths.

Notaries Public and other persons competent by the law of the country to administer such declarations. (The law must be quoted sufficiently for verification).

Witness my hand this 9th day of February, 1925.

EARNÁN DE BLAGHD,

Minister for Finance.

[2898]