S.I. No. 183/1933 - Army Pensions (Form of Service Certificate) Regulations, 1933.


STATUTORY RULES AND ORDERS. 1933. No. 183.

ARMY PENSIONS (FORM OF SERVICE CERTIFICATE) REGULATIONS, 1933.

WHEREAS it is enacted by sub-section (1) of Section 8 of the Army Pensions Act, 1932 (No. 24 of 1932), that every application for the grant under Part II of the said Act of a pension or gratuity to or an allowance or gratuity in respect of a person alleged to have been a member of an organisation to which the said Part applies, shall (notwithstanding anything contained in Section 7 of the Army Pensions Act, 1927 (No. 12 of 1927)) be referred by the Minister for Defence to the Military Service Registration Board, and thereupon the Military Service Registration Board shall ascertain and certify to the Minister for Defence the following particulars in respect of such person, that is to say :—

(a) whether such person was a member of any and, if so, which of the said organisations, and

(b) whether such person was engaged in military service and, if so, the prescribed particulars of such service, and

(c) whether such person received a wound while engaged in military service and, if so, the prescribed particulars of such wound, and, if such person is dead, the date of his death, and

(d) whether such person contracted any disease during his military service and, if so, the prescribed particulars of such disease, and if such person is dead, the date of his death, and

(e) if such person is dead, whether he was killed while engaged in military service, and, if so, the prescribed particulars of the circumstances of his death, and

(f) such other particulars in respect of such person as the Minister for Defence may request the Military Service Registration Board to ascertain and certify.

AND WHEREAS it is enacted by sub-section (2) of the Section 8 of the said Act, that every certificate issued by the Military Service Registration Board to the Minister in pursuance of the said section shall be in the prescribed form.

AND WHEREAS the Minister for Defence is empowered by sub-section (4) of Section 20 of the said Act by order to make regulations in relation to the said prescribed matters.

NOW, I, FRANK AIKEN, Minister for Defence, in exercise of the powers conferred on me by the Army Pensions Act, 1932 (No. 24 of 1932), and of every and any other power me in this behalf enabling, do hereby order and make the following regulations :—

1. These regulations may be cited for all purposes as the Army Pensions (Form of Service Certificate) Regulations, 1933.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. In these regulations :—

the expression " the Act " means the Army Pensions Act, 1932 (No. 24 of 1932);

4. Every certificate issued by the Military Service Registration Board to the Minister for Defence in pursuance of section 8 of the act shall be :—

(a) if it relates to a living person, in the Form A.P. 53 in the Schedule hereto, and

(b) if it relates to a deceased person, in the Form A.P. 54 in the Schedule hereto.

5.—(1) For the purposes of paragraph (b) of sub-section (1) of section 8 of the act, the prescribed particulars shall be :—

(a) in the case of a living person, the particulars asked for or otherwise indicated in paragraph 2 of the Form A.P. 53 in the Schedule hereto, and

(b) in the case of a deceased person, the particulars asked for or otherwise indicated in paragraph 2 of Form A.P. 54 in the Schedule hereto.

(2) For the purposes of paragraph (c) of sub-section (1) of section 8 of the act, the prescribed particulars shall be :—

(a) in the case of a living person, the particulars asked for or otherwise indicated in paragraph 3 of Form A.P. 53 in the Schedule hereto, and

(b) in the case of a deceased person, the particulars asked for or otherwise indicated in paragraph 3 of Form A.P. 54 in the Schedule hereto.

(3) For the purposes of paragraph (d) of sub-section (1) of section 8 of the act, the prescribed particulars shall be :—

(a) in the case of a living person, the particulars asked for or otherwise indicated in paragraph 4 of Form A.P. 53 in the Schedule hereto, and

(b) in the case of a deceased person, the particulars asked for or otherwise indicated in paragraph 4 of Form A.P. 54 in the Schedule hereto.

(4) For the purposes of paragraph (e) of sub-section (1) of section 8 of the act, the prescribed particulars shall be the particulars asked for or otherwise indicated in paragraph 6 of Form A.P. 54 in the Schedule hereto.

Given under my Seal of Office this 7th day of January, 1933.

FRANK AIKEN,

Minister for Defence.

SCHEDULE.

A.P. 53.

ARMY PENSIONS ACT, 1932 .

SERVICE CERTIFICATE ISSUED BY THE MILITARY SERVICE REGISTRATION BOARD IN RESPECT OF A LIVING PERSON ALLEGED TO HAVE BEEN A MEMBER OF AN ORGANISATION TO WHICH PART II OF THE SAID ACT APPLIES.

Registered No. of Applicant

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

Name of Applicant

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

Address of Applicant

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

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

WHEREAS an application for the grant of a pension or gratuity to the said applicant has been referred to us by the Minister for Defence under Section 8 of the Army Pensions Act, 1932 ;

NOW, We, the Military Service Registration Board, in pursuance of the said Section 8, hereby certify as follows :—

1. The applicant was not at any time a member of any organisation to which Part II of the said Act applies.

or

The applicant was a member of

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

(State organisation or organisations of which applicant was a member.)

2. The applicant was not engaged in military service within the meaning of Part II of the said Act.

or

The applicant was engaged in military service within the meaning of Part II of the said Act, and the following are particulars of such military service :—

Organisation or organisations of which applicant was a member

Particulars of military service

(*) Period of service

Nature and extent of military service

From

To

Oglaigh na h-Eireann

(Irish Republican Army)

Irish Volunteers

Irish Citizen Army

Fianna Eireann

Hibernian Rifles

Cumann na mBan

(*) If the service was not continuous throughout, particulars of the period or period of actual military service should be stated.

3. The applicant did not receive a wound or injury while engaged in military service.

or

The applicant received a wound or injury while engaged in military service and the following are particulars of such wound or injury :—

(a) Nature of wound or injury

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

(b) Date on which wound or injury

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

was received

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

(c) Circumstances in which wound or

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

injury was received

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

(d) Particulars of any negligence or misconduct on the part of the applicant which in the opinion of the Board should be taken into consideration in determining whether the wound or injury was attributable to military service

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

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

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

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

4. The applicant did not contract any disease during his military service.

or

The applicant contracted a disease during his military service, and the following are the particulars of such disease :—

(a) Nature of disease

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

(b) Actual conditions under which

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

applicant performed his military

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

service

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

(c) Particulars of any illness from which the applicant suffered during his military service

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

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

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

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

(d) Detailed report on the applicant's statements in reply to questions 3 D (i) and (ii) in the application of the applicant

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

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

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

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

(e) Full particulars of any negligence or misconduct on the part of the applicant which in the opinion of the Board should be taken into consideration in determining whether the disease was attributable to military service

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

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

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

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

5. * ............................................................ ............................................................ ....................................

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

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

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

* This paragraph will be used for certifying such other particulars in respect of the applicant as the Minister may request the Military Service Registration Board to ascertain and certify.

Signed...................................................... Chairman

/images/v04p0653.gif

of Military Service Registration Board.

........................................................ Member

........................................................ Member

Dated this...................day of........................................................... 193 ........

A.P. 54.

ARMY PENSIONS ACT, 1932 .

SERVICE CERTIFICATE ISSUED BY THE MILITARY SERVICE REGISTRATION BOARD IN RESPECT OF A DECEASED PERSON ALLEGED TO HAVE BEEN A MEMBER OF AN ORGANISATION TO WHICH PART II OF THE SAID ACT APPLIES.

Reg. No. of Applicant................................................

Name of Applicant...............................................

Address of Applicant

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

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

Name of Deceased Person to whom Certificate relates

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

Late Address of Deceased person

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

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

Relationship of applicant to deceased

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

WHEREAS an application for the grant of an allowance or gratuity in respect of the said deceased has been referred to us by the Minister for Defence under Section 8 of the Army Pensions Act, 1932 ;

NOW, We, the Military Service Registration Board, in pursuance of the said Section 8, hereby certify as follows :—

1. The deceased was not at any time a member of any organisation to which Part II of the said Act applies.

or

The deceased was a member of

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

(State organisation or organisations of which deceased was a member.)

2. The deceased was not engaged in military service within the meaning of Part II of the said Act.

or

The deceased was engaged in military service within the meaning of Part II of the said Act, and the following are particulars of such military service :—

Organisation or organisations of which deceased was a member

Particulars of military service

(*) Period of service

Nature and extent of military service

From

To

Oglaigh na h-Eireann

(Irish Republican Army)

Irish Volunteers

Irish Citizen Army

Fianna Eireann

Hibernian Rifles

Cumann na mBan

(*) If the service was not continuous throughout, particulars of the period or periods of actual military service should be stated.

3. The deceased did not receive a wound or injury while engaged in military service.

or

The deceased received a wound or injury while engaged in military service and the following are particulars of such wound or injury :—

(a) Nature of wound or injury

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

(b) Date on which wound or injury

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

was received

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

(c) Circumstances in which wound or

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

injury was received

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

(d) Particulars of any negligence or misconduct on the part of the deceased which in the opinion of the Board should be taken into consideration in determining whether the wound or injury was attributable to military service

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

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

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

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

4. The deceased did not contract any disease during his military service

or

The deceased contracted a disease during his military service, and the following are the particulars of such disease :—

(a) Nature of disease

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

(b) Actual conditions under which deceased performed his military service

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

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

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

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

(c) Particulars of any illness from which the deceased suffered during his military service

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

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

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

(d) Detailed report on the applicant's statements to, in case the application is on Form A.P. 51, questions 4 D (i) and (ii) on that form, or in case the application is on Form A.P. 52, questions 9 D (i) and (ii) of that form

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

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

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

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

(e) Full particulars of any negligence or misconduct on the part of the deceased which in the opinion of the Board should be taken into consideration in determining whether the disease was attributable to military service

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

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

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

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

5. Deceased died on the

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

day of..............................

19.........

6. The deceased was not killed while engaged in military service.

or

The deceased was killed while engaged in military service, and the following are the particulars of the date, place and manner of his death

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

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

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

7. *

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

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

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

*This paragraph will be used for certifying such other particulars in respect of the deceased as the Minister may request the Military Service Registration Board to ascertain and certify.

Signed........................................Chairman

/images/v04p0657.gif

of Military Service Registration Board.

..........................................Member

..........................................Member

Dated this.........................

day of.................................................

193......