S.I. No. 665/1935 - The Widows' and Orphans' Pensions Act, 1935.

STATUTORY RULES AND ORDERS. 1935. No. 665.

THE WIDOWS' AND ORPHANS' PENSIONS ACT, 1935.

THE WIDOWS' AND ORPHANS' PENSIONS (EXCEPTED PERSONS) REGULATIONS, 1935.

The Minister for Local Government and Public Health, in exercise of the powers conferred on him by sub-section (2) of Section 5, subsection (2) of Section 13 and paragraph (i) of sub-section (1) of Section 65 of the Widows' and Orphans' Pensions Act, 1935 , does by this, his Order make the following Regulations :—

1. These Regulations may be cited for all purposes as the Widows' and Orphans' Pensions (Excepted Persons) Regulations, 1935.

2. The Interpretation Act, 1923 , shall apply 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 unless the context otherwise requires, the following expressions shall have the meanings hereinafter respectively assigned to them :

" the Act " means the Widows' and Orphans' Pensions Act, 1935 ;

" the Minister " means the Minister for Local Government and Public Health ;

" half-year " means any period (corresponding as nearly as may be to six months) in respect of which contributions cards are issued under the National Health Insurance (Collection of Contributions) Consolidated Regulations (Ireland), 1918 to 1929 ;

" second appointed day " means the day appointed by the Minister under Section 8 of the Act to be the second appointed day for purposes of the Act ;

" National Health Insurance Acts " means the National Health Insurance Acts, 1911 to 1934, as amended by the Act or any subsequent enactment.

4.—(a) For the purposes of sub-section (2) of Section 5 of the Act, the time within which notice and proof of incapacity for work by reason of some specific disease or of bodily or mental disablement must be given to the Minister by a person who has ceased to be employed in an excepted employment to which the Act applies shall be as follows :—

(i) in a case where the incapacity has terminated during the half year in which the excepted employment has ceased, a period of 6 weeks from the end of that half year ; and

(ii) in any other case a period of 6 weeks from the end of the incapacity or a period of 3 months from the date on which the person would, had it not been for such incapacity, have ceased to remain an insured person, whichever shall first expire :

Provided that where it is shown to the satisfaction of the Minister that failure to give notice and proof of incapacity within the time limited by the immediately preceding paragraphs of this Article was due to circumstances over which the person had no control, the Minister may in his discretion extend the period to the date on which such notice and proof is given.

(b) Notice of the incapacity must be given in writing and proof of the incapacity must be given by means of medical certificate or of such other evidence as the Minister may accept.

5. For the purposes of sub-section (2) of Section 13 of the Act, the prescribed time before the second appointed day shall be a period of twelve months : Provided that in calculating the said period of twelve months no account shall be taken of any period during which the person is proved to the satisfaction of the Minister to have been rendered incapable of work by reason of some specific disease or by bodily or mental disablement.

Given under the Official Seal of the Minister for Local Government and Public Health, this 12th day of December, one thousand nine hundred and thirty-five.

SEÁN T. O CEALLAIGH,

Minister for Local Government and Public Health.