S.I. No. 134/1944 - Public Assistance Act, 1939 (Section 30) (Savings Certificates) Rules, 1944.

STATUTORY RULES AND ORDERS. 1944. No. 134.

PUBLIC ASSISTANCE ACT, 1939 (SECTION 30) (SAVINGS CERTIFICATES) RULES, 1944.

The Minister for Finance, in exercise of the powers conferred on him by section 30 of the Public Assistance Act, 1939 (No. 27 of 1939), and of every and any other power him in this behalf enabling, hereby makes the following rules :—

1 Short title

1. These Rules may be cited as the Public Assistance Act, 1939 (Section 30) (Savings Certificates) Rules, 1944.

2 Definition

2. In these Rules, the expression "the Minister" means the Minister for Posts and Telegraphs.

3 Claim for realisation of savings certificates

3. (1) Where a public assistance authority wish to realise in pursuance of section 30 of the Public Assistance Act, 1939 (No. 27 of 1939), any savings certificates, a claim in that behalf may be made to the Minister by an officer authorised by the authority to make claims under this Article.

(2) A claim under this Article shall—

(a) be made in such form as the Minister may direct and contain the particulars indicated in that form, and

(b) be accompanied by the savings certificates to which the claim relates.

4 Proof of matters arising in connection with claim

4. Where a claim is made under these Rules, the Minister may call for proof of any matter arising in connection with the claim and, in particular, of all or any of the following matters :—

(a) where the person by reference to whom the claim is made is alive, that he is the registered holder of the savings certificates accompanying the claim,

(b) where the person by reference to whom the claim is made is dead—

(i) the fact and date of his death, and

(ii) that he was the registered holder of the savings certificates accompanying the claim,

(c) that the officer by whom the claim is made is authorised to make the claim.

5 Payment in or towards discharge of claim

5. (1) After consideration of a claim made under these Rules on behalf of a public assistance authority, the Minister may pay to the authority in or towards the discharge of the claim any sums repayable in respect of the relevant savings certificates.

(2) Where the person by reference to whom a claim is made under these Rules is alive and part only of the sum repayable in respect of a unit savings certificate would be payable in accordance with paragraph (1) of this Article to the public assistance authority on whose behalf the claim is made, the whole of that sum shall be regarded as so payable, but this provision shall not enable such authority to reimburse themselves to an extent greater than their claim.

(3) The receipt of the public assistance authority to whom a payment is made under this Article shall be a good discharge to the Minister for the payment so made and the Minister shall not be liable for any misapplication of the money so paid.

(4) Notwithstanding anything in the Savings Certificates Rules, 1926, the Minister may, on the death of a holder of savings certificates who has made under those Rules a nomination in respect of such certificates, apply the amount nominated or any part thereof in accordance with paragraph (1) of this Article irrespective of the value of the estate of the holder, apart from the amount nominated.

GIVEN under the Official Seal of the Minister for Finance, this 27th day of April, 1944.

(Signed) J. J. McELLIGOTT.