S.I. No. 133/1936 - The Widows' and Orphans' Pensions (Payments on Death) Regulations, 1936.


STATUTORY RULES AND ORDERS. 1936. No. 133.

THE WIDOWS' AND ORPHANS' PENSIONS (PAYMENTS ON DEATH) REGULATIONS, 1936.

The Minister for Local Government and Public Health, in exercise of the powers conferred on him by paragraphs (g) and (h) 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 (Payments on Death) Regulations, 1936.

2.—The Interpretation Act, 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, 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;

" pension " means any pension under the Act ;

" contributory pension " means a pension which is either a widow's (contributory) pension or an orphan's (contributory) pension ;

" sum payable on death " means—

(i) in the case of the death of a person who was in receipt of a pension, any sum which became payable within three months before the date of his death on account of the pension but has not been paid; or

(ii) in the case of the death of a person who being entitled to a pension had made a claim thereto, any sum which, if his claim had been allowed immediately before his death, would have become payable on account of the pension up to the date of his death; or

(iii) in the case of the death of a person who was entitled to a contributory pension but had made no claim thereto any sum which, if a claim had been made immediately before his death, would have become payable on account of the pension up to the date of his death.

4.—Notwithstanding anything in Section 31 of the Act, but subject to the provisions of 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 person who was entitled to the pension or such longer time as the Minister, having regard to the circumstances of the particular case, may determine, make payment of the sum payable on death.

5.—(1) On the death of any person entitled to a pension, any sum payable on death in respect of that pension may be paid or distributed by the Minister without probate or other proof of the title of the personal representatives of the deceased, but nothing herein contained shall authorise the Minister where he has not already made payment of the sum payable on the death of the deceased to refuse payment of such sum to any person entitled thereto producing 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 sums so paid or distributed as aforesaid against the person or persons receiving that sum.

(3) If a person entitled to a pension dies intestate, any sum payable on death in respect of that pension 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 therein 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 :—

Provided that in the ease of the illegitimacy of the person entitled to the pension 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 valid.

(5) Where any person who is a child under the age of 16 years if 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 payments in accordance with these Regulations shall be discharged from all liability in respect of any sum or sums so paid.

Given under the official seal of the Minister for Local Government and Public Health this 6th day of May, one thousand nine hundred and thirty-six.

SE?N T. O CEALLAIGH,

Minister for Local Government and Public Health.