Military Service Pensions Act, 1924.

• Jurisdiction: Ireland
• Citation: IR SI 54/1925

STATUTORY RULES AND ORDERS. 1925. No. 54.

MILITARY SERVICE PENSIONS ACT, 1924.

REGULATIONS UNDER SECTION 9.

In exercise of the powers vested in me by Section 9 of the Military Service Pensions Act, 1924 , and of all other powers in this behalf me hereunto enabling, I, PEADAR O hAODHA, MINISTER FOR DEFENCE, do hereby make the following Regulations: 1. These Regulations may be cited as the Military Service Pensions Regulations (No. 2), 1925. 2. These Regulations cancel Military Service Pensions Regulations (No. 1), 1924. 3. In these Regulations, unless the context otherwise requires, the following expressions shall have the meanings respectively assigned to them by this Regulation, that is to say.—

(a) The expression "Act' means the Military Service Pensions Act, 1924 .

(b) The expression "Minister" means the Minister for Defence.

(c) The expression "Board of Assessors" means the Board of Assessors constituted by the Minister under the Act. 4. Any notice or document required or authorised by the Minister or by the Board of Assessors to be sent to any person for the purpose of these Regulations shall be deemed to have been duly sent if sent by post addressed to that person at the address given on his application or on any preliminary statement of his case. 5. The forms M.S.P. 1, M.S.P. 2, and M.S.P. 3 appended to these Regulations or forms to the like effect officially provided shall be used in all cases to which these forms are applicable. 6. Any person who reasonably believes that he is entitled to a pension may apply to the Minister for a form of application on which to apply for a certificate of military service. The applicant will be required to furnish a statement of his case on the form M.S.P. 1 prescribed herein. Where for any reason the applicant is himself unable to execute the prescribed form of application, the Minister may in his absolute discretion accept an application executed on the claimant's behalf by a person fully conversant with the facts. 7. The Board of Assessors shall cause to be kept a record of all applications for certificates of military service referred to them by the Minister, and on receiving any such application shall forthwith cause the application to be registered and numbered. 8. The Board of Assessors shall investigate each such application referred to them by the Minister in the manner prescribed by Section 3 (2) of the Act and shall make a report to the Minister as to the military service of the applicant on the form M.S.P. 2 prescribed herein;

Provided that—

(a) Notification shall be given to the applicant by the Board in any case where the evidence submitted is not considered by them to be sufficient to establish as fact that the applicant did render service of the nature and duration necessary to qualify for any pension whatsoever under the Act, and

(b) Following the issue of the notice referred to, a period of twenty one days shall elapse before the report of the Board of Assessors in any such case shall be communicated to the Minister.

(c) The Board in their absolute discretion may require an applicant to appear before them in person at Dublin or any other place appointed by the Board, and to produce any witnesses or persons named as references, to discharge the onus of proof which under sub-section 5 of section 3 rests upon the applicant, or may in their absolute discretion in any particular case require such applicant to produce such evidence by Affidavit. 9. The reports made on the prescribed form M.S.P. 2 by the Board of Assessors shall be signed by at least two members. 10. Every application to the Minister for a Certificate of Military Service under this Act must be made not later than the 31st December, 1925.

Provided that—

(a) It shall be permissible to an officer or a soldier serving in the Defence Forces on or before the abovementioned date to apply, in accordance with instructions to be promulgated in Defence Orders, on the prescribed form for a Certificate of Military Service on the like conditions in all respects as if he were not then serving, subject to the terms of section 4 (1) of the Act which provides that a Military Service Pension shall commence as from the 1st day of October, 1924, or the date of discharge from the National Forces or Defence Forces of Saorstát Eireann, whichever of those days shall be the later.

(b) The Board may extend the time specified for doing any act or anything mentioned in these Regulations when it is proved to their satisfaction that the applicant could not owing to circumstances beyond his control do the required act or thing in the time prescribed. 11. The Certificate of Military Service granted in accordance with the terms of the Act and of these Regulations shall be on the form M.S.P. 3 prescribed herein, and shall state the periods of Active Service which have been rendered by the applicant, as established by satisfactory evidence and the rank held by him, as defined by section 4 (3) of the Act. 12. The Board of Assessors shall exercise their own discretion as to any matter of procedure under the Act not provided for by these Regulations.

Dated this 12th day of November 1925.

Minister for Defence.

M.S.P. 1.

MILITARY SERVICE PENSIONS ACT, 1924 .

APPLICATION TO THE MINISTER FOR DEFENCE FOR A CERTIFICATE OF MILITARY SERVICE.

This form must be filled in by every person who seeks a Certificate of Military Service. The form must be signed by applicant, and his signature witnessed, and it must then be forwarded so as to be received by the Minister for Defence not later han the 31st December, 1925. In the event of an applicant being unable to write, he should affix his mark, such act being witnessed.

NAME (to be written in block capitals) ............................................................ .............................. Surname Christian Names PRESENT ADDRESS (to be written in block capitals) ............................................................ ..................................

NOTE.—Before answering the questions below the applicant is requested to note that—

(a) All statements made in this application will be carefully investigated and satisfactory evidence must be forthcoming on request to substantiate each and every statement made.

(b) "If any person with a view to obtaining either for himself or any other person a grant or payment of a pension under this Act makes, signs, or uses any declaration, application or other written statement knowing the same to be false, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £25 (twenty-five pounds) or to imprisonment for a period not exceeding six months or at the discretion of the Court to both such fine and imprisonment" (Sec. 7 (1) of the Military Service Pensions Act, 1924 .)

(c) "If any person so convicted as aforesaid is in receipt of a pension obtained by reason of such false declaration, application, or other written statement he shall forfeit such pension as from the date of such conviction" (Sec. 7 (2) of the Military Service Pensions Act, 1924 ).

If the applicant is unable to read, the above note should be read to him by the witness.

SERVICE IN OGLAIGH NA h-EIREANN, OR IN THE IRISH VOLUNTEERS, OR IN THE IRISH CITIZEN ARMY, OR IN FIANNA EIREANN, OR IN THE HIBERNIAN RIFLES.

For each of the undermentioned periods in which you claim to have rendered Active Service state the name of the Unit or Units, name and address of the O/C., the names and addresses of three officers at present serving in the Army who can verify your Service.

If you are unable to name officers at present serving you may state the names of Members of the Oireachtas, Officers and Men of the Gárda Síochána, or of the Dublin Metropolitan Police, or of Peace Commissioners, or Permanent Civil Servants (active or retired) whose salary is or was not less than £200 on a scale rising to not less than £300, or Justices of Districts Courts.

The following circumstances shall not be deemed to constitute a breach in the continuity of service:—

(a) Absence from duty following arrest, imprisonment, internment, or deportation under the Defence of the Realm Act, 1914, the Restoration of Order in Ireland Act, 1920, or any regulations made thereunder;

(b) Absence from duty following arrest, imprisonment, or penal servitude in respect of sedition, treason, or treason felony prior to 11th July, 1921.

(c) Absence from duty by reason of duties necessitating such absence undertaken at the instance of or on behalf of the Cabinet of Dáil Eireann, or on behalf of the Provisional Government, from 21st January, 1919, to 1st July, 1922.

If you claim to have been absent from duty under these conditions, give particulars of the circumstances with respect to each such period of absence, and state its duration.

(1) FROM the 1ST APRIL, 1916, to 31ST MARCH, 1917.

(a) Unit or Units............................................................ .......................................

(b) O/C ............................................................ ............................................................ ............

(c) References:—

NAME ADDRESS ............................................................ ............................................................ ............ ............................................................ ............................................................ ............

(d) Did you render Active Service in the Week commencing 23rd April, 1916?

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

(e) Unit or Units............................................................ ........................................

(f) O/C...