S.I. No. 134/1966 - Pensions Declarations Rules, 1966.

S.I. No. 134 of 1966.

PENSIONS DECLARATIONS RULES, 1966.

I. JOHN LYNCH, Minister for Finance, in exercise of the powers conferred on me by section 5 of the Appropriation Act, 1962 (No. 19 of 1962), hereby make the following rules :—

1. (1) These Rules may be cited as the Pensions Declarations Rules, 1966.

(2) These Rules shall come into operation on the 1st day of July, 1966.

2. In these Rules—

" the Act " means the Appropriation Act, 1962 (No. 19 of 1962) ;

" pension " includes an annuity, superannuation or other allowance.

3. A declaration required by subsection (1) of section 5 of the act to be made in relation to a payment specified in the said subsection (in these Rules referred to as a pensions declaration) shall be made by the person entitled to receive the payment (in these Rules referred to as the declarant) and the pensions declaration shall state :—

(a) that the declarant is entitled to receive the payment ;

(b) the full name of the person (in these Rules referred to as the pensioner) to whom the relevant pension was granted ;

(c) the service in respect of which the said pension was granted ; and

(d) the place of residence of the pensioner.

4. (1) Subject to paragraph (3) of this Rule, a pensions declaration shall be made before a person who is not the pensioner or the wife or husband of the pensioner or of the declarant and who—

(a) in case the pensions declaration is made in the State, is a person whose name is on the register of Dáil electors, or

(b) in case the pensions declaration is made outside the State, is a person of one the descriptions specified in the Schedule to these Rules.

(2) Notwithstanding the provisions of paragraph (1) of this Rule, where no person described in that paragraph is within reach of a declarant, he may make a pensions declaration before such person (other than the prisoner or the wife or husband of the pensioner or of the declarant) as the Minister for Finance may determine.

(3) Where the Minister responsible for a payment so requires, a pensions declaration in relation to the payment shall be made before a person whom the said Minister shall select for the purpose, being a person described in paragraph (1) of this Rule.

5. (1) A pensions declaration shall be supported by a declaration made by the person before whom it is made, and the person in the supporting declaration shall state :—

(a) whether he is a person described in paragraph (1) of Rule 4 ;

(b) that the pensions declaration was made in his presence ; and

(c) whether he believes the person making the pensions declaration to be the pensioner.

(2) Where a pensions declaration is made by someone other than the pensioner, the pensions declaration shall, if the Minister responsible for the payment in relation to which it is made so requires, be supported by a declaration made by a person who is not the wife or husband of the pensioner or of the declarant and who—

(a) in case the pensions declaration is made in the State, is a person described in sub-paragraph (a) or paragraph (1) of Rule 4, or

(b) in case the pensions declaration is made outside the State, is a person described in sub-paragraph (b) of the said paragraph,

and the supporting declaration shall state when the person last saw the pensioner alive.

6. (1) It shall not be necessary for a person to make a declaration prescribed by these Rules in relation to a payment specified in subsection (1) of section 5 of the act—

(a) in case the payment is made through a banker who has entered into an undertaking with the Minister for Finance, with respect to the notification of circumstances coming to the knowledge of the banker which might affect the right of the person to payments in respect of the relevant pension, or

(b) in case the payment is made in accordance with the provisions of paragraph (a) of subsection (1) of section 24 of the Superannuation and Pensions Act, 1963 (No. 24 of 1963).

(2) It shall not be necessary for a person to make a declaration prescribed by these Rules in relation to a payment in respect of a pension if the person has made a pensions declaration in relation to a payment in respect of the pension which fell due less than twelve months before the first-mentioned payment falls due.

(3) The Minister responsible for a payment specified in subsection (1) of section 5 of the act may from time to time require the person receiving payments in respect of the relevant pension to make a pensions declaration in relation to a payment in respect of the pension falling due on a specified day in each period of twelve months, and in case the Minister so requires, the person, notwithstanding the provisions of paragraph (2) of this Rule, shall comply with the requirement.

SCHEDULE.

Persons (not being the pensioner or the wife or husband of the pensioner or of the declarant) before whom pensions declarations are to be made outside the State.

1. A person whose name is on the register of Dáil electors.

2. An Irish diplomatic or consular officer.

3. A Minister of religion.

4. A physician or surgeon registered as such under the law of the country in which the pensions declaration is made.

5. An officer of a bank, including a savings bank, being an officer authorised by the bank to sign documents on its behalf.

6. A magistrate.

7. A barrister, solicitor or advocate authorised to practice in the country in which the pensions declaration is made.

8. A notary public or other person competent by the law of the country in which the pensions declaration is made to administer oaths.

9. A police officer.

GIVEN under my Official Seal, this 17th day of June, 1966.

JOHN LYNCH,

Minister for Finance.

EXPLANATORY NOTE.

Section 5 of the Appropriation Act, 1962 , provides that a person shall not receive any payment out of moneys provided by the Oireachtas for non-effective services unless the declaration prescribed by rules made by the Minister for Finance has been made. These rules prescribe the declaration to be made by the recipient of the payment and set out the descriptions of the persons before whom declarations are to be made.