S.I. No. 653/1935 - Widows' and Orphans' Pensions (Administrative Expenses) Regulations, 1935.

STATUTORY RULES AND ORDERS, 1935. No. 653.

WIDOWS' AND ORPHANS' PENSIONS (ADMINISTRATIVE EXPENSES) REGULATIONS, 1935.

WHEREAS it is enacted by sub-section (1) of Section 43 of the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935), that, subject to the provisions of the said section, all expenses incurred in the administration of the said Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas, and it is enacted by sub-section (2) of the said section that such sums as the Minister for Finance may direct shall be paid out of the Widows' and Orphans' Pensions Fund and shall, in accordance with regulations to be made by him, be applied as an appropriation-in-aid of moneys provided by the Oireachtas for the said expenses :

NOW, the Minister for Finance, in exercise of the powers conferred on him by sub-section (2) of Section 43 of the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935), and of every and any other power him in this behalf enabling, hereby orders and makes the following regulations, that is to say :—

1. These Regulations may be cited as the Widows' and Orphans' Pensions (Administrative Expenses) Regulations, 1935.

2. (1) In these Regulations—

the expression " the Act " means the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935);

the word " Minister " means a Minister who is head of a Department of State ;

the expression " the Fund " means the Widows' and Orphans' Pensions Fund ;

the word " quarter " means any period of three months ending on the 30th day of June, or the 30th day of September, or the 31st day of December, or the 31st day of March in any financial year ;

the word " half-year " means any period of six months ending on the 30th day of September or the 31st day of March in any financial year.

(2) References in these Regulations to administrative expenses incurred by a Minister shall be construed as references to expenses incurred by such Minister, with the sanction of the Minister for Finance, in the administration of the Act.

3. 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.

4. As regards any administrative expenses incurred by any Minister in the period commencing on the date of the passing of the Act and ending on the 31st day of March, 1936, there shall be paid out of the Fund, by way of payment on account, on or before the 31st day of March, 1936, and applied as an appropriation-in-aid of the Vote bearing those expenses, a sum equivalent to the amount, as nearly as can be estimated, of those expenses.

5. As regards any administrative expenses incurred by a Minister in the financial year commencing on the 1st day of April, 1936, or any subsequent financial year, there shall be paid out of the Fund by way of payment on account, on or before the last day of each quarter or, with the approval of the Minister for Finance, the last day of each half-year in such financial year, and applied as an appropriation-in-aid of the Vote bearing those expenses, a sum equivalent to the amount, as nearly as can be estimated, of the administrative expenses incurred by such Minister during such quarter or half-year, as the case may be.

6. (1) Where any amount (in this Regulation referred to as the estimated amount) paid under these Regulations out of the Fund in any financial year on account of administrative expenses incurred by a Minister in such financial year exceeds or is less than the amount (in this Regulation referred to as the ascertained amount) of the administrative expenses incurred by such Minister in such financial year as finally ascertained, the amount required by these Regulations to be paid out of the Fund on account of the administrative expenses incurred by such Minister in the next financial year shall—

(a) in case the estimated amount exceeds the ascertained amount, be reduced by a sum equal to the difference between the estimated amount and the ascertained amount, or

(b) in case the estimated amount is less than the ascertained amount, be increased by a sum equal to the difference between the estimated amount and the ascertained amount.

(2) For the purposes of this Regulation every Minister who has incurred any administrative expenses in any financial year shall transmit to the Minister for Local Government and Public Health on or before the 25th day of September in the next financial year a certified statement of the amount expended out of any Vote administered by such Minister in respect of administrative expenses as finally ascertained for such first mentioned financial year.

Given under the Official Seal of the Minister for Finance this 11th day of November, 1935.

(Signed) J. J. McELLIGOTT.