S.I. No. 217/1946 - The Widows' and Orphans' Pensions (Excepted Persons) Regulations, 1946.


STATUTORY RULES AND ORDERS. 1946. No. 217.

THE WIDOWS' AND ORPHANS' PENSIONS (EXCEPTED PERSONS) REGULATIONS, 1946.

The Minister for Local Government and Public Health, in exercise of the powers conferred on him by sub-section (2) of Section 5, sub-section (2) of Section 13 and paragraph (i) of sub-section (1) of Section 65 of the Widows' and Orphans' Pensions Act, 1935 , (No. 29 of 1935), and of every and any other power him in this behalf enabling, by this, his Order, makes the following Regulations :—

1. These Regulations may be cited as the Widows' and Orphans' Pensions (Excepted Persons) Regulations, 1946.

2. In these Regulations unless the context otherwise requires, :—

the expression " the Act " means the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935) ;

the expression " the Minister " means the Minister for Local Government and Public Health ;

the expression " second appointed day " means the day appointed by the Minister under section 8 of the Act to be the second appointed day for purposes of the Act.

3.—(a) For the purposes of sub-section (2) of section 5 of the Act, the time within which notice and proof of incapacity for work by reason of some specific disease or of bodily or mental disablement must be given to the Minister by or in respect of a person (including a deceased person) who has ceased to be employed in an excepted employment to which the Act applies shall be the period from the commencement of the incapacity to the expiration of three months from the end of the incapacity, or such longer period as the Minister may in any particular case determine.

(b) Notice of the incapacity must be given in writing and proof of the incapacity must be given by means of a medical certificate or of such other evidence as the Minister may accept.

4. For the purposes of sub-section (2) of section 13 of the act, the prescribed time before the second appointed day shall be a period of twelve months : Provided that in calculating the said period of twelve months no account shall be taken of any period during which the person is proved to the satisfaction of the Minister to have been rendered incapable of work by reason of some specific disease or by bodily or mental disablement.

5. The Widows' and Orphans' Pensions (Excepted Persons) Regulations, 1935 (S. R. & O., No. 665 of 1935) and the Widows' and Orphans' Pensions (Excepted Persons) Amendment Regulations, 1942 (S. R. & O., No. 352 of 1942) are hereby revoked.

GIVEN under the Official Seal of the Minister for Local Government and Public Health, this 1st day of August, one thousand nine hundred and forty-six.

SE?N MACENTEE,

Minister for Local Government and Public Health.