S.I. No. 278/1937 - Army Pensions (Form of Service Certificate) Regulations, 1937.

STATUTORY RULES AND ORDERS. 1937. No. 278.

ARMY PENSIONS (FORM OF SERVICE CERTIFICATE) REGULATIONS, 1937.

WHEREAS it is enacted by sub-section (1) of Section 8 of the Army Pensions Act, 1932 (No. 24 of 1932), in these recitals referred to as the Act of 1932) as amended by Section 15 of the Act of 1937 (No. 15 of 1937), (in these recitals referred to as the Act of 1937), that every application for the grant under Part II of the Act of 1932, 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 II 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 there is any evidence that such person contracted any disease during his military service and, if so, the particulars of such evidence 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 Act of 1932, as amended by Section 15 of the Act of 1937 that every certificate issued by the Military Service Registration Board to the Minister for Defence in pursuance of the said Section 8 shall be in the prescribed form :

AND WHEREAS the Minister for Defence is empowered by sub-section (4) of Section 20 of the Act of 1932 by order to make regulations in relation to the said prescribed matters.

AND WHEREAS it is enacted by sub-section (2) of Section 29 of the Act of 1937 that every application for a pension under the said Section 29 shall be referred to by the Minister for Defence to the Military Service Registration Board, and thereupon the provisions of Section 8 of the Act of 1932, as amended by Part IV of the Act of 1937 shall apply in respect of such application and in respect of the service certificate in respect of the applicant issued by the said Board :

AND WHEREAS it is enacted by sub-section (1) of Section 39 of the Act of 1937 that every application for a dependant's allowance in respect of a deceased person in respect of whom Part VII of the Act of 1937 applies shall be referred by the Minister for Defence to the Military Service Registration Board, and thereupon the provisions of Section 8 of the Act of 1932, as amended by Part IV of the Act of 1937 shall apply in respect of such application and the service certificate issued in respect of such deceased person by the said Board :

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), as amended by the Army Pensions Act, 1937 (No. 15 of 1937), 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 as the Army Pensions (Form of Service Certificate) Regulations, 1937.

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), as amended by the Army Pensions Act, 1937 (No. 15 of 1937).

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 the 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.

6. The Army Pensions (Form of Service Certificate) Regulations, 1933 (Statutory Rules and Orders No. 183 of 1933), are hereby revoked.

A.P. 53

SCHEDULE.

ARMY PENSIONS ACTS, 1932 AND 1937.

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 ACT OF 1932 APPLIES.

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 , as amended by Section 15 of the Army Pensions Act, 1937 :

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

1. The applicant was not at any time a member of any organisation to which Part II of the Act of 1932 applies.

or

2. The applicant was not engaged in military service within the meaning of Part II of the Act of 1932.

or

The applicant was engaged in military service within the meaning of Part II of the Act of 1932, and the following are particulars of such military service :—

(*) If the service was not continuous throughout, particulars of the period or periods 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 :—

4. There is no evidence that the applicant contracted any disease during his military service.

or

There is evidence that the applicant contracted a disease during his military service and the following are the particulars of such evidence :—

*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.

A.P. 54.

ARMY PENSIONS ACTS, 1932 AND 1937.

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 ACT OF 1932 APPLIES.

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 , as amended by Section 15 of the Army Pensions Act, 1937 :

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

1. The deceased was not at any time a member of any organisation to which Part II of the Act of 1932 applies,

or

2. The deceased was not engaged in military service within the meaning of Part II of the Act of 1932,

or

The deceased was engaged in military service within the meaning of Part II of the Act of 1932, and the following are particulars of such military service :—

(*) 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 :—

4. There is no evidence that the deceased contracted any disease during his military service.

or

There is evidence that the deceased contracted a disease during his military service and the following are the particulars of such evidence :—

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

or

* 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.

Given under my Seal of Office this 17th day of September, 1937.

FRANK AIKEN,

Minister for Defence.