S.I. No. 435/1941 - Neutrality (War Damage To Property) Act, 1941, (Form of Application) Regulations, 1941.

STATUTORY RULES AND ORDERS. 1941. No. 435.

NEUTRALITY (WAR DAMAGE TO PROPERTY) ACT, 1941, (FORM OF APPLICATION) REGULATIONS, 1941.

WHEREAS it is enacted by section 4 of the Neutrality (War Damage to Property) Act, 1941 (No. 24 of 1941), that every application to the Minister for Finance under that section shall be made in the prescribed form and manner and that such prescribed form and manner may, if the said Minister so thinks proper, require that the application shall be in the form of a statutory declaration made by the applicant or, where the application is made by another person on his behalf, by such other person:

AND WHEREAS it is enacted by section 24 of the said Act that the Minister for Finance may by order make regulations prescribing any matter or thing which is in that Act referred to as prescribed or to be prescribed:

NOW, the Minister for Finance, in exercise of the power conferred on him by the joint operation of sections 4 and 24 of the Neutrality (War Damage to Property) Act, 1941 (No. 24 of 1941), and of every and any other power him in this behalf enabling, makes by this Order the following Regulations, that is to say:—

1. This Order may be cited as the Neutrality (War Damage to Property) Act, 1941 , (Form of Application) Regulations, 1941.

2. Every application to the Minister under section 4 of the Neutrality (War Damage to Property) Act, 1941 (No. 24 of 1941), shall be in the form of a statutory declaration in the form (in these Regulations referred to as the form) set out in the Schedule hereto.

3. The said statutory declaration shall be made by the applicant or, where the application is made by another person on behalf of the applicant, by such other person.

4. The application shall be made by delivering the form (duly made and completed) and two certified copies thereof to the Department of Finance, 27 Upper Merrion Street, Dublin, and may be so delivered by sending the said form and copies by post.

5. Each of the said two certified copies of the form shall be a true copy of the completed form of which it is a copy and shall have endorsed on it the words " Certified to be a true copy ", and that endorsement shall be signed by the applicant or the person making the application on his behalf or by a solicitor.

SCHEDULE.

NEUTRALITY (WAR DAMAGE TO PROPERTY) ACT, 1941 .

FORM PRESCRIBED BY THE MINISTER FOR FINANCE FOR APPLICATION FOR COMPENSATION


INSTRUCTIONS.	FOR OFFICIAL USE ONLY
1. The Statutory Declaration in Part VII must be made by the applicant or, where the application is made by another person on behalf of the applicant, by such other person.	County or County Boro..........................
2. This form, when duly made and completed, must be delivered to the Department of Finance, 27 Upper Merrion Street, Dublin, and may be so delivered by sending it by post.	Incident No..........................
	Claim No..........................
3. There must be sent, with this form, two true copies of the completed form, and each of those copies must have endorsed thereon the words " Certified to be a true copy " and that endorsement must be signed by the applicant or the person making the application on behalf of the applicant or by a solicitor.	Date of Receipt..........................

PART I.

1. Christian name and surname of applicant (write in block capitals and state whether Mr., Mrs. or Miss)

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

2. Occupation ............................................................ ............................................................ ................................

3. Address within the State to which communications may be sent

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4. Capacity in which the applicant makes the claim (e.g., as owner, personal representative, trustee, mortgagee)

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

5. Is the application made on behalf of an applicant under a disability or absent from the State? .................. If so, give particulars of the disability or absence, and give the name and address of the person by whom the application is made on behalf of the applicant

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

6. Situation of the injured property, or the postal address or place where the injury to property occurred

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

7. The date of the injury............................................................ ............................................................ ................

8. The cause of the injury............................................................ ............................................................ ..............

9. Particulars of any other claim made under the Act by the applicant

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

PART II.

CLAIM IN RESPECT OF INJURY TO A BUILDING.

1. Nature of the building (e.g., house, shop with dwelling house, factory)

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

2. Nature and extent of the injury......................................................

3. Has the injury been repaired wholly or in part?.................. If so,

(a) by whom?............................................................ ..................

(b) to what extent?............................................................ ........

4. Has the injury formed the subject of any money grant, payment or advance to the applicant from any source whatsoever ?..................If so,

(a by whom was the money paid ?...................................................

(b what was the amount paid ? £......................................................

5. State precisely (a) the amount of the compensation claimed £..................

(b) the basis on which the claim has been computed (copy of builder's or architect's estimate or account should be furnished if available)

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

6. (a) Is the applicant the owner of the building	............................................................ .....
(b) If the applicant is the owner, is the building the subject of any mortgage, charge or lien? If it is, give particulars	............................................................ .....
(c) If the applicant is not the owner, give the name and address of the owner and full particulars of applicant's interest (e.g.,whether as lessee, tenant from year to year, monthly tenant), and state who is liable for normal repairs and maintenance	............................................................ .....
	............................................................ .....
	............................................................ .....
............................................................ ......
7. (a) Was the applicant the occupier at the time of the injury?	............................................................ .....
(b) Was the applicant (including family) the sole occupier?	............................................................ .....
If not, who were the other occupiers?	............................................................ .....
(c) If the applicant was not the occupier at the time of the injury, who was the occupier?	............................................................ .....
Give present address, if known	............................................................ .....

PART III.

CLAIM IN RESPECT OF AN INJURY (INCLUDING TOTAL OR PARTIAL DESTRUCTION, LOSS OR DISAPPEARANCE) TO PROPERTY OTHER THAN A BUILDING.

1. Particulars of the application (to be given in detail)

(1)	(2)	(3)	(4)
Description of Property	Cost Price	Value at time of injury	Value of salvage
	£	£	£	£

List may be continued if necessary on sheets to be attached by applicant.

2. Nature and extent of the injury............................................................ ..........................................

3. Has any person other than the applicant any interest in the injured property or any portion thereof (e.g.,by mortgage, charge, bill of sale, or lien)?	............................................................ .
If any such interest exists give particulars	............................................................ ..

4. Has the property or any part of it been replaced otherwise than by the applicant ?..................If so

(a by whom ? ............................................................ ................

(b to what extent ?............................................................ ........

5. Has the injury to the property formed the subject of any money grant, payment or advance from any source whatsoever ? ..................If so

(a by whom was the money paid ?......................................................

(b what was the amount paid ? £.........................................................

PART IV.

CLAIM BY THE OCCUPIER OF A BUILDING WHICH SUSTAINED AN INJURY BY REASON OF WHICH HE WAS COMPELLED TO VACATE SUCH BUILDING AND THEREBY INCURRED EXPENDITURE, IN EXCESS OF WHAT HE WOULD HAVE INCURRED IF SUCH INJURY HAD NOT BEEN SUSTAINED, ON THE PROVISION OF HOUSING ACCOMMODATION FOR HIMSELF, FOR HIS FAMILY, OR FOR HIS BUSINESS, OR ON THE REMOVAL OR STORAGE OF ANY MOVABLE ARTICLE.

1. Particulars of the application (to be given in detail)

(1)	(2)	(3)	(4)
Details of Claim	Expenditure actually incurred	Expenditure which would have been incurred if the injury had not been sustained	Amount of compensation claimed
	£	£	£

N.B.—Copies of receipts or accounts should be furnished.

2. Has the applicant's loss as set out in this part of the claim formed the subject of any money grant, payment or advance from any source whatsoever ?.................. If so,

(a) by whom was the money paid ?................................................

(b) what was the amount paid ? £...................................................

PART V.

CLAIM IN RESPECT OF LOSSES OTHER THAN THOSE COVERED BY PARTS II, III AND IV OF THIS FORM, WHICH ARISE FROM AN INJURY TO PROPERTY TO WHICH THE ACT APPLIES.

Details of Claim	Amount of Compensation claimed
	£

If the claim includes any item in respect of loss of earnings from a trade, profession, business, or employment carried on or pursued by the applicant in a building which sustained an injury to which the Act applies, state

(a) the annual rate of such earnings immediately preceding the date of the injury	£............................................................ .................
(b) the period during which, as the case may be, it was impossible or impracticable to carry on such trade, profession or business, or the applicant was unemployed by reason of the injury	from............................................................ ...........
	to............................................................ ...............

PART VI.

1. Give particulars of any insurance policies in respect of property or losses covered by this claim which were in force at the time of the injury

(a) Name of company............................................................ ........

(b) Number and amount of policy...................................................

(d) Property covered............................................................ .........

(e) Whether a claim has been made against the company and, if so, with what result............................................................ ......

____________________________________________________________________

2. If any Government Department was interested in the property at the time of the injury, give particulars

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

______________________________________________________________________________

3. Where an application is made in respect of a motor vehicle give the following particulars

(a) Make............................................................ .........................

(b) Engine Number............................................................ ..........

(d) Registration Number............................................................ ....

(e) Year of manufacture............................................................ .....

(f) Particulars of damage............................................................ ...

______________________________________________________________

PART VII.

DECLARATION.

I.............................................do hereby solemnly and sincerely declare that the foregoing particulars are in every respect fully and truly stated to the best of my judgment and belief.

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

(Signed)............................................................

Declared before me by............................................................ ............ who is personally known to me (or who is identified to me by............................................................ ....................who is personally known to me) at............................................................ ........................................... This...............day of.............................................194.......

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

A Notary Public, or a Commissioner for Oaths, or a Peace Commissioner.

To:

The Minister for Finance,

Upper Merrion Street,

Dublin..

J. J. McELLIGOTT.

Sealed with the Official Seal of the Minister for Finance this 27th day of September, 1941.