S.I. No. 116/1946 - Children's Allowances (General) Regulations, 1946.

STATUTORY RULES AND ORDERS. 1946. No. 116.

CHILDREN'S ALLOWANCES (GENERAL) REGULATIONS, 1946.

ARRANGEMENT OF REGULATIONS.

PART I.

PRELIMINARY.

Regulation.

1. Short title.

2. Definitions.

PART II.

CLAIMS FOR CHILDREN'S ALLOWANCES.

3. Manner of claiming children's allowances.

4. Time-limits for claims.

5. Incomplete claims.

6. Claims in incorrect form.

7. Claims by agents.

8. Determination of claim and notice of award.

PART III.

PAYMENT OF CHILDREN'S ALLOWANCES.

9. Mode of payment of children's allowances.

10 Nomination of person to receive children's allowances.

11. Appointment of agent to receive children's allowances on behalf of incapacitated person.

PART IV.

PROCEDURE ON REFERENCES.

12. Definitions for this Part.

13. Application for reference.

14. Submission of question to referee.

15. Powers of referee.

16. Procedure on hearing.

17. Decision of referee.

18. Questions referred to a referee under section 8 (3) of the Act of 1944.

PART V.

PAYMENTS ON DEATH.

19. Sum payable on death.

20. Time-limit for payment of sums payable on death.

21. Distribution of sums payable on death.

PART VI.

MISCELLANEOUS.

22. Notification of change of residence.

23. Notification of loss or destruction of allowance book.

24. Return of allowance books.

25. Mode of sending Notices.

26. Temporary provisions.

27. Revocation of Regulations of 1944.

SCHEDULE.

FORMS.

STATUTORY RULES AND ORDERS.

1946. No. 116.

CHILDREN'S ALLOWANCES (GENERAL) REGULATIONS, 1946.

I, SEÁN F. LEMASS, Minister for Industry and Commerce, in exercise of the powers conferred on me by the Children's Allowances Acts, 1944 and 1946, and with the consent, in accordance with subsection (2) of section 20 of the Children's Allowances Act, 1944 (No. 2 of 1944) of the Minister for Posts and Telegraphs, hereby make the following regulations :—

PART I. PRELIMINARY.

1 Short title

1. These Regulations may be cited as the Children's Allowances (General) Regulations, 1946.

2 Definitions

2. In these Regulations—

the expression "the Act of 1944" means the Children's Allowances Act, 1944 (No. 2 of 1944).

the expression "the appropriate post office" means, in relation to a person entitled to a children's allowance payable at a post office, the post office at which that children's allowance is payable,

the expression "the Regulations of 1944" means the Children's Allowances Act, 1944 (General) Regulations, 1944 ( S. R. & O. No. 137 of 1944 ).

PART II. CLAIMS FOR CHILDREN'S ALLOWANCES.

3 Manner of claiming children's allowance

3.—(1) Subject to paragraph (2) of this Regulation, a claim for a children's allowance shall—

(a) be made in Form No. 1 of the Schedule hereto or in such form substantially to the like effect as the Minister may determine,

(b) contain the particulars indicated in the form,

(c) be attested in the manner indicated in the form or in such other manner as the Minister may direct, and

(d) be sent to the Secretary, Department of Industry and Commerce.

(2) Where, on a date which is for him a qualifying date, a person is already entitled to a children's allowance a claim by him in respect of that qualifying date shall—

(a) be made in Form No. 2 of the Schedule hereto or in such form substantially to the like effect as the Minister may determine,

(b) contain the particulars indicated in the form,

(c) (i) in case payments on account of the children's allowance to which the claimant is for the time being entitled are being made to the account of the claimant at a bank, be delivered to the postmaster or other officer of any post office,

(ii) in any other case, be delivered to the postmaster or other officer of the appropriate post office.

4 Time-limits for claims

4.—(1) A claim for a children's allowance shall, subject to paragraph (2) of this Regulation, be made within the period of fourteen days commencing on the appropriate qualifying date.

(2) Notwithstanding paragraph (1) of this Regulation, a claim for a children's allowance may, if the Minister thinks fit, be entertained if made before—

(a) in the case of a claim under paragraph (1) of Regulation 3 hereof, the expiration of two months from the appropriate qualifying date,

(b) in any other case, the expiration of three months from the appropriate qualifying date.

5 Incomplete claims

5. Where a claim for a children's allowance is not duly signed or attested or is in other respects incomplete or is made otherwise than in the appropriate form, the Minister may, if the claim is duly made or completed within two months after the date on which the appropriate form is sent to the claimant for completion, treat the claim as having been duly made under these Regulations.

6 Claims in incorrect form

6. Where a claim for a children's allowance has been made otherwise than in the appropriate form, the Minister may, if he thinks fit, treat the claim as if it had been made in the appropriate form.

7 Claims by agents

7. Where a qualified person is, by reason of mental or other incapacity, unable to apply for a children's allowance, or has omitted to do so for reasons which appear to the Minister to justify or excuse the omission, the Minister may, in his discretion and subject to such conditions as he thinks fit—

(i) appoint a person to apply on behalf of that person, or

(ii) receive a claim on behalf of that person from any other person.

8 Determination of claim and notice of award

8.—(1) A deciding officer, in giving his award or decision on any claim in respect of a children's allowance or any question arising thereon or in relation to a children's allowance which has been awarded, may have regard to such evidence or information as appears to him to be sufficient for the purpose.

(2) The Minister shall cause due notice of the award or decision of a deciding officer on a claim in respect of a children's allowance to be given in writing to the person who made the claim.

PART III. PAYMENT OF CHILDREN'S ALLOWANCES.

9 Mode of payment of children's allowances

9.—(1) Subject to paragraphs (3) and (4) of this Regulation, children's allowances shall be payable in advance on Tuesday in each week by means of orders (in this Regulation referred to as children's allowance orders) payable in each case at such post office as the Minister may from time to time determine.

(2) The Minister shall cause arrangements to be made whereby, on furnishing such evidence of identity and such other particulars as may be required, a person entitled (whether on his own behalf or on behalf of some other person) to a children's allowance may obtain (either through the postmaster of such post office as the Minister may direct for the purpose, or otherwise) a book of children's allowance orders for the appointed payment period.

(3) A children's allowance payable to any person may, at the request in writing of that person, be paid to the account of that person at any bank specified by him in such request and payments to such bank account in respect of any payment period shall, unless otherwise determined, be made in arrear for periods of thirteen weeks, but shall not in any case, be made for a period exceeding twenty-six weeks.

(4) The Minister may arrange for the payment of children's allowances otherwise than in accordance with paragraphs (1) and (3) of this Regulation.

10 Nomination of person to receive children's allowances

10.—(1) A person who is entitled to a children's allowance may, with the consent of the Minister, nominate any one of the following persons to receive the said children's allowance on his behalf—

(a) the mother of the children by virtue of the maintenance of whom the children's allowance is payable,

(b) an immediate female relative of those children over the age of eighteen years,

(c) subject to such conditions as the Minister thinks fit—

(i) a female over the age of eighteen years who resides with or has charge of those children, or

(ii) any other responsible person.

(2) Every nomination under paragraph (1) of this Regulation—

(i) shall be in the form set out at Part II of Form No. 1 of the Schedule hereof, or such form substantially to the like effect as the Minister may determine, and shall be sent to the Secretary, Department of Industry and Commerce,

(ii) may relate to any specified payment period or periods or be general,

(iii) may, by notice in writing given to the Minister, be revoked with effect as from the expiration of any specified payment period or such earlier date as the Minister may, in his discretion, permit.

(3) The Minister may, whenever he thinks fit, withdraw his consent to a nomination under this Regulation, and in such case the person therein nominated shall, on receipt of notice of such withdrawal, send to the Minister the allowance book issued to him.

11 Appointment of agent to receive children s allowances on behalf of incapacitated person

11.—(1) Where a person who is entitled (whether on his own behalf or on behalf of some other person) to a children's allowance is, owing to mental or other incapacity, unable to obtain payment thereof, the Minister may, on written application being made to him, appoint a person to receive the said children's allowance on behalf of such incapacitated person subject to such conditions as the Minister thinks fit.

(2) A person to whom a book of children's allowance orders has been issued and who, by reason of illness or for any other sufficient reason, is unable to attend at the post office to obtain payment, may, in a form provided for the purpose, appoint an agent to obtain payment on his behalf, and such appointment may be made for a particular week or for a period not exceeding thirteen weeks.

PART IV. PROCEDURE ON REFERENCES.

12 Definitions for this Part

12. In this Part of these Regulations—

application for a reference the expression " application for a reference " means an application under Regulation 13 hereof,

hearing the word " hearing " means an oral hearing,

referee the word " referee " includes two or more referees acting together,

reference the word " reference " means the reference of a decision or award of a deciding officer to a referee under sub-section (2) of Section 8 of the Act of 1944.

13 Application for reference

13.—(1) A person who is dissatisfied by the award or decision of a deciding officer may, at any time within one month after the date upon which notification of that award or decision was sent to him or such extended period as the Minister may, in his discretion, allow, apply to the Minister, in accordance with this Regulation, to have the question referred to a referee.

(2) Every application for a reference shall contain a concise statement of the facts and contentions upon which the applicant intends to rely.

(3) The applicant shall send to the Minister the application for a reference, together with such documentary evidence as theapplicant desires to adduce in support of his application, and the application shall contain a list of all such documents.

(4) Any person desiring to withdraw an application for a reference may do so by sending to the Minister a notice of withdrawal.

14 Submission of question to referee

14. Where an application for a reference is duly made to the Minister, the Minister shall, as soon as may be, cause to be supplied to a referee a copy of the application for a reference, together with a statement showing to what extent the facts stated in the application are admitted or disputed and setting out any further facts and the contentions which will be relied upon on behalf of the Minister at the hearing, and shall send to the applicant a copy of that statement.

15 Powers of referee

15.—(1) Where an application for a reference is referred to a referee, the following provisions shall have effect—

(a) the referee may at any time require the applicant or the Minister to furnish to him, in writing, further particulars with respect to the reference, and may at any stage of the proceedings allow the amendment of any application, statement or particulars and may fix the time for furnishing any statement or particulars upon such terms as he may think just ;

(b) if the referee is of opinion that the case is of such a nature that it can properly be determined without a hearing, he may dispense with a hearing and may determine the reference summarily ;

(c) if in the opinion of the referee a hearing is required he shall, as soon as may be, fix a date and place for the hearing, and shall send to the Minister not less than twelve days' notice of the date and place fixed for the hearing and the Minister shall thereupon cause to be sent to the applicant not less than seven days' notice of the date and place fixed for the hearing ;

(d) the applicant and the Minister shall not, without the leave of the referee, be entitled to rely upon any facts or contentions other than those set out in the application for a reference and in the statement required to be supplied under Regulations 13 and 14 hereof.

(2) A referee may consider and decide any question duly referred to him for consideration and determination, notwithstanding the failure or neglect of any person to comply with any request or requirement of the referee.

16 Procedure on hearing.

16. The following provisions shall apply in relation to the hearing by a referee of a reference—

(a) the applicant may appear in person, or by any member of his family, or, with the consent of the referee, by any any other representative ;

(b) the Minister may be represented by an officer of his Department ;

(c) the referee may postpone or adjourn the hearing from time to time as he thinks fit ;

(d) the referee may, if he thinks fit, admit any duly authenticated written statement or other material as prima facie evidence of any fact or facts in any case in which he thinks it just and proper so to do;

(e) the referee may, if he thinks fit, call for such documents and examine such witnesses as appear to him likely to afford evidence relevant and material to the issue although not tendered on behalf of the applicant or the Minister ;

(f) the referee may consider and determine the questions arising at a hearing notwithstanding the absence of any party who has been duly notified of the hearing ;

(g) the procedure shall be such as the referee may determine.

17 Decision of referee

17.—(1) The decision of the referee on a reference shall be in writing signed by him and shall be sent, as soon as may be, to the Minister.

(2) As soon as may be after the receipt by the Minister of the decision of the referee, the Minister shall cause a memorandum of the decision to be prepared and shall send a copy of the memorandum to the applicant.

18 Questions referred to a referee under Section 8 (3) of the Act of 1944

18. Where a deciding officer refers any question arising on a claim for a children's allowance to a referee under sub-section (3) of section 8 of the Act of 1944, the following provisions shall have effect—

(a) the deciding officer shall supply to the referee a notice in writing of the question upon which he desires the determination of the referee ;

(b) the provisions of Regulations 15, 16 and 17 hereof shall apply in relation to the determination by the referee of the said question with the necessary modifications, including the modification that sub-paragraph (d) of paragraph (1) of Regulation 15 shall not apply.

PART V. PAYMENTS ON DEATH.

19 Sum payable on death

19. In this Part the expression "sum payable on death" in relation to a deceased person means—

(i) in case he was in receipt of a children's allowance, any sum on account of the children's allowance which became payable within three months before the date of his death but has not been paid ;

(ii) in case he applied for a children's allowance for which he was qualified and died before his claim was allowed any sum which, if his claim had been allowed immediately before his death, would have become payable on account of the children's allowance up to the date of his death.

20 Time limit for payment of sums payable on death

20. Notwithstanding anything in section 18 of the Act of 1944 but subject to these Regulations, the Minister may, if a claim to a sum payable on death is made to him within six months of the death of the deceased person or such longer time as the Minister having regard to the circumstances of the particular case, may determine, pay the sum payable on death.

21 Distribution of sums payable on death

21.—(1) On the death of the deceased person any sum payable on death may be paid or distributed by the Minister without probate or other proof of the title of his personal representatives but nothing in this Regulation shall authorise the Minister, where he has not already made payment of the sum payable on the death of the deceased person to refuse payment of such sum to any person entitled thereto who produces probate or other proof of title.

(2) Where the sum payable on death is payable to persons appearing to the Minister to be beneficially entitled thereto under any will or other testamentary writing, the sum payable on death may be paid or distributed to or among such of the persons appearing to be beneficially entitled thereto as aforesaid as the Minister thinks proper and that to the exclusion of all others, without prejudice to any remedy which such others may have for recovery of the sum so paid or distributed as aforesaid against the person or persons receiving that sum.

(3) (a) If the deceased person dies intestate, any sum payable on death may be paid or distributed without letters of administration by the Minister to or among such persons as appear to him, upon such evidence as he may deem satisfactory, to be beneficially entitled to receive that sum, whether as next-of-kin or otherwise according to law or as creditors (including any person entitled to be paid or repaid the funeral expenses of the deceased person), or may be paid or distributed to or among such of the said persons as the Minister thinks fit and that to the exclusion of all others.

(b) In the case of the illegitimacy of the deceased person or of his children such person as in the opinion of the Minister would have been entitled to the sum payable on death if the deceased person or his children had been legitimate may for the purposes of this paragraph be treated as a person beneficially entitled thereto.

(4) The receipt of any person of the age of 16 years or upwards for any sum paid in accordance with these Regulations shall be a good discharge to the Minister for the sum so paid.

(5) Where any person who is a child under the age of 16 years is entitled to receive any sum payable on death in accordance with the provisions of these Regulations and it is proved to the satisfaction of the Minister that the sum is needed for the benefit of such child, the Minister may pay the sum or any part thereof to any person who may satisfy him that the person will apply such money for the benefit of such child, and the receipt of such person shall be a good discharge to the Minister for the amount so paid.

(6) The Minister upon making any payment in accordance with this Part of these Regulations shall be discharged from all liability in respect of any sum or sums so paid.

PART VI. MISCELLANEOUS.

22 Notification of change of residence

22. Where a person who is entitled to or has applied for a children's allowance changes his place of residence, he shall, within seven days after such change of residence, notify the Minister thereof.

23 Notification of loss or destruction of allowance book

23. Where an allowance book has been lost or destroyed the person to whom the book was issued shall notify the Minister immediately of such loss or destruction, and the Minister may, subject to such conditions as he thinks fit, issue a new allowance book to that person.

24 Return of allowance books

24.—(1) Where, under section 6 of the Children's Allowances (Amendment) Act, 1946 (No. 8 of 1946), a children's allowance becomes payable to any person other than the person (in this Regulation referred to as the disentitled person) previously entitled thereto, any person having or obtaining possession of the book of children's allowance orders issued to such disentitled person in respect of that children's allowance shall immediately send the book to the Minister.

(2) Any person to whom a book of children's allowance orders has been issued shall, on demand, return the book to the Minister.

25 Mode of sending notices

25. Any notice or other document required or authorised under these Regulations to be sent to any person may be sent by post addressed to that person at his ordinary address.

26 Temporary provisions

26. Notwithstanding anything in these Regulations—

(a) the forms prescribed in the Regulations of 1944 may be used until the forms prescribed by these Regulations are provided ;

(b) in the case of a claim, under paragraph (1) of Regulation 3 hereof, relating to a qualifying date, being the 1st day of May, the 1st day of June, or the 1st day of July, in the year 1946, paragraph (1) of Regulation 4 hereof shall have effect as if the words "one month" were substituted therein for the words "fourteen days," and sub-paragraph (a) of paragraph (2) of the said Regulation shall have effect as if the words "three months" were substituted for the words "two months."

27 Revocation of Regulations of 1944

27. The Regulations of 1944 are hereby revoked.

SCHEDULE

Form No. 1

CLAIM FOR A CHILDREN'S ALLOWANCE.

To The Minister for Industry and Commerce :

PART I.

9. PARTICULARS OF QUALIFIED CHILDREN CLAIMED FOR.

(Instructions on page 1 should be read carefully before filling in particulars).

NOTE :—BIRTH CERTIFICATE MUST BE ATTACHED IN RESPECT OF EACH CHILD.

15. I hereby claim a Children's Allowance on the basis of the children named at Paragraph 9 above, all of whom were living on the 1st June, 1946.

I declare that to the best of my knowledge and belief all the information which I have given in this application is true and correct in every particular and that no other person is claiming a Children's Allowance in respect of any of these children.

WARNING.

Any person who, for the purpose of obtaining or continuing a children's allowance either for himself or for any other person or for the purpose of obtaining or continuing a children's allowance for himself or for any other person at a higher rate than that appropriate to the case, knowingly makes any false statement or false representation or knowingly conceals a material fact and any person who knowingly obtains payment of, or continues to receive an allowance, to which he or she is not entitled or which for any reason is not payable to him or her, is liable on summary conviction thereof to a fine not exceeding twenty-five pounds or to imprisonment for any term not exceeding three months.

PART II.

TO BE COMPLETED ONLY BY A CLAIMANT WHO DESIRES TO NOMINATE THE MOTHER OF THE CHILDREN OR OTHER RESPONSIBLE PERSON TO RECEIVE THE ALLOWANCE ON HIS BEHALF.

I request that any allowance which may be granted to me under the Children's Allowances Acts shall be paid to............................................................ ............................................................ ......................................................

residing at............................................................ ............................................................ .............................................

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

who is a responsible person having charge of the children named in Part 1 of this claim, and I hereby authorise her to receive it on my behalf from time to time as it becomes due. A specimen of her signature is appended hereto.

Form No. 2

To the Minister for Industry and Commerce :

I hereby claim a children's allowance for my next payment period on the basis of the children named hereunder.

I declare that on the qualifying date stated at the head of this Form—

(1) each child named above was alive and was under the age of sixteen years and was ordinarily resident in the State ;

(2) no child named above was detained in a Reformatory or an Industrial School ;

(3) each child named above

(a) was normally residing with me, or

(b) was normally a member of the household of which I am the head ;

(4) in the case of any child named above who was resident in an Institution (other than a child detained in a Reformatory or an Industrial School), I was contributing towards the cost of maintenance of each such child in such Institution.

I further declare that to the best of my knowledge and belief, no other person is claiming a children's allowance in respect of any of the children named above.

I give hereunder particulars relating to every child named above who for any reason was not residing with me on the aforesaid qualifying date. (If all the children were residing with you, say so.............................................).

This claim must be signed by the claimant and not by a nominee.

N.B. :—This form should be signed, and witnessed, where necessary, before delivery to the Postmaster.

WARNING.

Please read this form carefully and before signing it make sure you understand it. Any claimant who in his claim makes any statement or representation which is false or misleading in a material respect or who conceals a material fact renders himself liable to prosecution under the Acts for an offence punishable on summary conviction by a fine not exceeding £25 or by imprisonment for any term not exceeding three months.

GIVEN under my Official Seal, this 29th day of April, 1946.

SEÁN F. LEMASS,

Minister for Industry and Commerce.

In pursuance of sub-section (2) of section 20 of the Children's Allowances Act, 1944 (No. 2 of 1944), I hereby consent to the making of Part III of these Regulations.

P. J. LITTLE,

Minister for Posts and Telegraphs.