S.I. No. 115/1936 - Widows' and Orphans' Pensions Act, 1935.


STATUTORY RULES AND ORDERS, 1936. No. 115.

WIDOWS' AND ORPHANS' PENSIONS ACT, 1935.

WIDOWS' AND ORPHANS' PENSIONS (REFERENCES) REGULATIONS, 1936.

The Minister for Local Government and Public Health in exercise of the powers conferred on him by sub-sections (2) and (3) of Section 50 and paragraph (b) of sub-section (1) of Section 65 of the Widows' and Orphans' Pensions Act, 1935 , does by this his Order make the following Regulations, that is to say :—

PART I.General.

1. These Regulations may be cited for all purposes as the Widows' and Orphans' Pensions (References) Regulations, 1936.

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 ;

" hearing " means oral hearing;

" the Referee " means the referee or referees selected by the Minister under Section 50 of the Act to determine a reference ;

" award " means an award or decision of a Deciding Officer which may be referred to a referee under sub-section (2) or subsection (3) of Section 50 or under Section 51 of the Act ;

" pension " means any pension under the Act.

PART II.Procedure on References.

4. (1) Any claimant (hereinafter called " the applicant ") who is dissatisfied with an award and desires that the question shall be referred, shall make application in that behalf, in writing, to the Minister.

(2) The time within which the application shall be made shall be any time up to the expiration of four weeks from the date of notification of the award by the Deciding Officer ; Provided that an application made after the end of that period may, with the consent of the Minister, be entertained.

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

(2) The applicant shall send to the Minister along with the application such documentary evidence as the applicant desires to adduce in support of his application, and the application shall contain a list of any such documents.

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

6. The Minister shall, as soon as may be, cause to be supplied to the referee a copy of the application for a reference, together with a statement showing to what extent are admitted or disputed the facts stated in the application and setting out any further facts and the contentions which will be relied upon at the hearing, and shall forward to the applicant, a copy of that statement.

7. 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.

8. 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.

9. 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.

10. (1) The applicant may appear at the hearing in person, or by any member of his family, or, with the consent of the Referee, by any other representative.

(2) The Minister may be represented at the hearing by such officer of his Department as he may appoint for the purpose.

(3) The Referee may postpone or adjourn the hearing from time to time as he may think fit.

(4) 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.

(5) 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.

11. (1) If after notice of a hearing has been duly given either of the parties fails to appear at the hearing, such order or award may be made, and such proceedings may be taken with a view to the determination of, or in reference to, the application as the Referee may think just.

(2) The 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.

12. The procedure at the hearing shall be such as the Referee may determine.

13. 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 Article 6 of these Regulations respectively.

14. (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 of the decision by the Minister he shall cause a memorandum of the decision to be drawn up in the form set out in the Second Schedule to these Regulations and shall send a copy of the memorandum to the applicant.

15. (1) Any notice or other document required or authorised to be sent for the purpose of this Part of these Regulations shall be in writing.

(2) Any notice or other document required or authorised to be sent to an applicant for the purpose of this Part of these Regulations shall be deemed to be duly sent if sent by post addressed to the applicant at his ordinary address.

16. (1) A reference by a Deciding Officer to the Referee under sub-section (3) of Section 50 of the Act shall be made in accordance with the Form set out in the Third Schedule to this Order.

(2) Where a reference is made under the provisions of paragraph (1) of this Article the procedure for dealing with the reference shall, with the necessary modifications, be the same as if the reference were an application made under Article 4 (1) of these Regulations.

17. The provisions of the Common Law Procedure Amendment Act (Ireland) 1856, shall not apply to references under these Regulations.

18. The forms set out in the Schedules to these Regulations, or forms to the like effect, may be used in all cases to which these forms are applicable.

Given under the Official Seal of the Minister for Local Government and Public Health this 25th day of April, One Thousand Nine Hundred and Thirty-six.

SE?N T. Ó CEALLAIGH.

FIRST SCHEDULE.

FORM R. 1.

WIDOWS' AND ORPHANS' PENSIONS ACT, 1935 .

APPLICATION FOR REFERENCE.

To the Minister for Local Government and Public Health.

I................................................ of..................................................being dissatisfied with the award or decision of the Deciding Officer given on the.........day of...........................19......in connection with my claim for....................................hereby apply for the question to be referred to a Referee for determination.

The facts and contentions upon which I rely in support of my application are set forth in the Particulars hereto attached.

Dated this....................day of............................., 19......

(Signature)............................................................ ...

Applicant's Particulars.

(Here set out a concise statement of the facts and contentions upon which the applicant relies and insert lists of all documents sent with this application).

FORM R. 2.

WIDOWS' AND ORPHANS' PENSIONS ACT, 1935 .

NOTIFICATION OF REFERENCE.

To the Referee,

............................................................ .........................of............................................................ ..............................being dissatisfied with the award or decision given by the Deciding Officer on.........day of...........................19......,in connection with his (her) claim for.............................................has applied for the question to be referred to a Referee for determination.

A copy of the application is enclosed.

A statement of the facts and of the contentions which will be relied upon at the hearing is set out hereunder.

Dated this................day of.................................., 19......

(Signature)............................................................ ..

(Here set out a concise statement of the facts and contentions which will be relied upon at the hearing).

FORM R. 3.

WIDOWS' AND ORPHANS' PENSIONS ACT, 1935 .

To............................................................ ............................................................ ............................................................ ....

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

Your application in the matter of the award or decision by the Deciding Officer on your claim for.............................................has been referred to a Referee for determination.

A copy of a statement which has been sent to the Referee showing to what extent are admitted or disputed the facts stated in your Application and the further facts and contentions which will be relied upon in support of the award or decision is attached hereto.

Signature............................................................ ..............................

FORM R. 4.

WIDOWS' AND ORPHANS' PENSIONS ACT.

NOTICE OF HEARING OF REFERENCE UNDER SECTION 50 (2) OF THE WIDOWS' AND ORPHANS' PENSIONS ACT, 1935 .

In the matter of an application for a Reference by............................................................ ............................................................ ........................Take notice that............................................................ ........................the Referee selected for the purpose will proceed with the hearing of the above reference at............................................................ ..............................on.........day, the.........day of......................................................19......at the hour of.........o'clock in the.........noon ; and that if you do not attend either in person or by your duly authorised representative at the time and place above mentioned, such order or award will be made and proceedings taken as the Referee may think just and expedient.

Dated this....................day of......................................19......

(Signature)............................................................ ..........

To......................................................

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

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

SECOND SCHEDULE.

FORM R. 5.

WIDOWS' AND ORPHANS' PENSIONS ACT, 1935 .

MEMORANDUM OF DECISION ON APPLICATION UNDER SECTION 50 (2) OR 50 (3) OF THE WIDOWS' AND ORPHANS' PENSIONS ACT, 1935 .

The decision of the Referee selected by the Minister for Local Government and Public Health on the question raised on the application dated the.................day.........of.................................., is as follows ;—

THIRD SCHEDULE.

FORM R. 6.

WIDOWS' AND ORPHANS' PENSIONS ACT, 1935 .

To the Minister for Local Government and Public Health.

Pursuant to Section 50 (3) of the Widows' and Orphans' Pensions Act, 1935 , I hereby refer the following question for determination by a Referee.

Deciding Officer............................................................ .........

Date............................................................ ...................