Widows' and Orphans' Pensions Act, 1935

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Regulations.

65.—(1) The Minister may by order make regulations generally for carrying this Act into effect, and, without prejudice to the generality of the foregoing, in particular—

(a) for prescribing the manner in which claims to pensions may be made, and the manner in which pensions are to be paid;

(b) for prescribing the procedure to be followed on references under this Act, and for applying for the purposes of any such reference any of the provisions of the Common Law Procedure Amendment Act (Ireland), 1856, and for excluding the application of any of the other provisions of that Act;

(c) for authorising in such cases as may be prescribed the payment of any sum by way of pension during any period intervening between the making of any claim or the referring of any question and the final determination of the claim or question;

(d) for providing for the apportionment as between the National Health Insurance Fund and the Widows' and Orphans' Pensions Fund of sums received on account of contributions;

(e) for enabling in such cases as may be prescribed, contributions in respect of employed persons which have not been paid on the due dates to be treated as having been so paid for the purposes of pensions under this Act;

(f) for enabling a person to be appointed to exercise on behalf of any claimant or person entitled to or in receipt of a pension who is, by reason of any mental or other incapacity, unable to act, any right to which that claimant or person may be entitled under this Act, and to authorise any person so appointed to receive on behalf and for the benefit of the claimant or person any pension;

(g) for providing that, notwithstanding anything contained in the provisions of Part IV of this Act relating to time limit for obtaining payments on account of pensions, but subject to the regulations—

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

(ii) in the case of the death of a person who being entitled to a pension had made a claim thereto, payment may be made of 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; and

(iii) in the case of the death of any person who was entitled to a contributory pension but had made no claim thereto, payment may be made of 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;

(h) for providing that, subject to the regulations, probate or other proof of the title of the personal representatives of the deceased person may be dispensed with in the case of any such sum as is mentioned in the immediately preceding paragraph, and that any such sum may be paid or distributed to or among the persons appearing in manner provided by the regulations to be entitled to receive the said sum or any part thereof, either as being persons beneficially entitled thereto under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of such persons exclusive of the others, or, in the case of any illegitimacy of the deceased person or any child of his, to or among such person or persons as may be directed by the regulations;

(i) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.

(2) Regulations under this section for prescribing the manner in which pensions are to be paid shall be made with the consent of the Minister for Posts and Telegraphs.

(3) Regulations under this section for providing for the apportionment as between the National Health Insurance Fund and the Widows' and Orphans' Pensions Fund of sums received on account of contributions shall be made with the consent of the Minister for Finance.