Damage To Property (Compensation) (Amendment) Act, 1933
|
Limitation of time for payment of certain classes of compensation. |
11.—(1) Notwithstanding anything contained in any other Act, and except where a reinstatement condition is attached to the decree and no part of such reinstatement condition was complied with before the passing of this Act, no payment shall be made after the 30th day of September, 1934, in respect of any compensation awarded by a decree made under the Principal Act, and any such compensation or part of such compensation not claimed and paid before that date shall be irrecoverable. | |
(2) Where a reinstatement condition is attached to a decree awarding compensation made under the Principal Act and no part of such reinstatement condition was complied with before the passing of this Act, the following provisions shall have effect, that is to say:— | ||
(a) in case the person to whom such compensation was awarded dies after the passing of this Act and before the 1st day of July, 1936, the following provisions shall have effect, that is to say, notwithstanding anything in any other Act, no payment shall be made after the expiration of three years after the death of such person in respect of such compensation, and any such compensation or part of such compensation not claimed and paid before such expiration shall be irrecoverable; | ||
(b) in case— | ||
(i) the person to whom such compensation is awarded dies after the 30th day of June, 1936, and | ||
(ii) any son or daughter of such person has before the 1st day of July, 1936, agreed in writing with the Minister that, in the event of his or her becoming entitled on the death of such person to the land on which was situate the premises in respect of which such compensation was awarded, he or she will, within a period of three years after the death of such person, completely comply with such reinstatement condition, and | ||
(iii) such son or daughter becomes so entitled, | ||
the following provisions shall have effect, that is to say, notwithstanding anything contained in any other Act, no payment shall be made after the expiration of such period in respect of such compensation, and any such compensation or part of such compensation not claimed and paid before such expiration shall be irrecoverable; | ||
(c) in any other case, the following provisions shall have effect, that is to say, notwithstanding anything contained in any other Act, no payment shall be made after the 30th day of June, 1936, in respect of such compensation and any such compensation or part of such compensation not claimed and paid before that date shall be irrecoverable. | ||
(3) No payment shall, except where there is attached to the award or report (as the case may be) a reinstatement condition and no part of such reinstatement condition was complied with before the passing of this Act, be made by the Minister for Finance after the 30th day of September, 1934, in respect of any compensation awarded by the Compensation (Ireland) Commission or in respect of any loss or damage which was the subject of a report made before the passing of this Act under section 15 of the Principal Act. | ||
(4) Where a reinstatement condition is attached to an award of compensation made by the Compensation (Ireland) Commission or to a report made before the passing of this Act under section 15 of the Principal Act, and no part of such reinstatement condition was complied with before the passing of this Act, the following provisions shall have effect, that is to say:— | ||
(a) in case the person in whose favour such award or report (as the case may be) was made dies after the passing of this Act and before the 1st day of July, 1936, the following provisions shall have effect, that is to say, no payment shall be made by the Minister for Finance after the expiration of three years after the death of such person, in respect of (as the case may be) such compensation or any loss or damage which was the subject of such report; | ||
(b) in case— | ||
(i) the person in whose favour such award or report (as the case may be) was made dies after the 30th day of June, 1936, and | ||
(ii) any son or daughter of such person has before the said 1st day of July, 1936, agreed in writing with the Minister that, in the event of his or her becoming entitled on the death of such person to the land on which was situate the premises to which such award or report (as the case may be) relates, he or she will, within a period of three years after the death of such person, completely comply with such reinstatement condition, and | ||
(iii) such son or daughter becomes so entitled, | ||
the following provisions shall have effect, that is to say, no payment shall be made by the said Minister after the expiration of such period in respect of (as the case may be) such compensation or any loss or damage which was the subject of such report; | ||
(c) in any other case, the following provisions shall have effect, that is to say, no payment shall be made by the said Minister after the 30th day of June, 1936, in respect of (as the case may be) such compensation or any loss or damage which was the subject of such report. | ||
(5) No payment shall be made by the Minister for Finance after the 30th day of September, 1934, in respect of any loss or damage which was the subject of a report made before the passing of this Act under section 5 of the Indemnity Act, 1924 (No. 40 of 1924). |