S.I. No. 185/1933 - Army Pensions Board (Functions and Procedure) Rules, 1933.

STATUTORY RULES AND ORDERS. 1933. No. 185.

ARMY PENSIONS BOARD (FUNCTIONS AND PROCEDURE) RULES, 1933.

WHEREAS by virtue of section 9 of the Army Pensions Act, 1932 (No. 24 of 1932), the Army Pensions Board are required to investigate and report upon every application referred to them by the Minister for Defence under the said section 9 :

AND WHEREAS it is enacted by sub-section (6) of section 5 of the Army Pensions Act, 1927 (No. 12 of 1927), that the Minister for Defence may, with the consent of the Minister for Finance, make rules regulating the functions and procedure of the Army Pensions Board :

NOW I, FRANK AIKEN, Minister for Defence, with the consent of the Minister for Finance, testified by his signature to these Rules, in exercise of the powers conferred on me by sub-section (6) of section 5 of the Army Pensions Act, 1927 (No. 12 of 1927), and of every and any other power me in this behalf enabling, do hereby make the following Rules, that is to say :—

1. These Rules may be cited as the Army Pensions Board (Functions and Procedure) Rules, 1933.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these Rules in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. In these Rules—

the expression " the Act of 1932 " means the Army Pension Act, 1932 (No. 24 of 1932);

the expression " the Minister " means the Minister for Defence;

the expression " the Board " means the Army Pensions Board:

4. The Board shall medically examine all persons (being persons who are or who claim to be entitled to pensions or gratuities under section 10 of the Act of 1932) who are referred to them for examination under regulations for the time being in force made under section 6 of the Army Pensions Act, 1923 (No. 26 of 1923), as amended by the Army Pensions Act, 1927 (No. 12 of 1927).

5. The Board shall keep the following registers, namely :—

(a) a register of all applications referred to them under section 9 of the Act of 1932, and

(b) a register of all proceedings of the Board under Part II of the Act of 1932.

6. The Board shall whenever required by the Minister or an officer deputed by him for the purpose produce for the inspection of the Minister or such officer (as the case may be) any document or register in the possession of the Board required by the Minister or such officer.

7. On ceasing to function, the Board shall hand over to the Minister all documents and registers in their custody.

8. Whenever the Board require an applicant for a pension or gratuity under section 10 of the Act of 1932 to attend in the city or county of Dublin for medical examination they shall cause a summons to be sent to such applicant and such summons shall be in the Form A.P.41 (1932) in the Schedule hereto.

9. A summons to a person to attend as a witness before the Board when investigating an application under Part II of the Act of 1932 shall be in the Form A.P.41A in the Schedule hereto.

10. The oath to be administered to a person giving evidence before the Board shall be in the following form, that is to say :—

" I,............................................................ ........................ do swear by Almighty God that the evidence I shall give to the Army Pensions Board shall be the truth, the whole truth and nothing but the truth."

11. Whenever the chairman or an ordinary member of the Board is through ill-health or other sufficient cause temporarily incapacitated from performing his duties as such chairman or member, the Board shall forthwith report the fact to the Minister.

12. Nothing in these Rules shall affect the operation of the Army Pensions Board (Functions and Procedure) Rules, 1928.

Given under my Seal of Office this 17th day of January, 1933.

FRANK AIKEN,

Minister for Defence.

I consent to the foregoing Rules.

SEÁN MAC ENTEE,

Minister for Finance.

A.P. 41 (1932).

SCHEDULE.

DEPARTMENT OF DEFENCE.

ARMY PENSIONS ACT, 1932 .

THIS FORM MUST BE PRODUCED BY THE UNDER-NAMED APPLICANT AT THE TIME OF EXAMINATION BY THE ARMY PENSIONS BOARD.

the .........................................................of........................................19...... for the purpose of being medically examined in connection with your application for pension.

2. NON-ATTENDANCE.—If you are unable to come, please notify me at once, stating the reason.

3. HOSPITAL TREATMENT.—If you are receiving treatment as an in-patient at a Hospital, DO NOT COME, but notify me by post.

4. TRAVELLING EXPENSES.—A Railway Warrant No ............ for the return journey is enclosed. The Warrant should be exchanged at the Railway Station Booking Office for an ordinary railway ticket before commencing the journey.

5. SUBSISTENCE ALLOWANCE will be paid at the following rates:—

(a) where the period of necessary absence from home is eight hours or more, and less than sixteen hours, 2s. 6d. Subsistence Allowance may be paid.

(b) where the period of necessary absence from home is sixteen hours or more, and less than twenty-four hours, 5s. 3d. Subsistence Allowance may be paid.

(c) where the period of necessary absence from home is twenty-four hours or more, 7s. 6d. Subsistence Allowance may be paid for each completed period of twenty-four hours; together with, in the case of any broken time (not being less than eight hours) over and above twenty-four hours or a multiple thereof, extra Subsistence Allowance for such broken time, in accordance with whichever of the rates (a) and (b) is appropriate.

6. Where in any particular case an applicant is boarded in a Military Hospital, Subsistance Allowance will not be payable while so boarded.

Where it is necessary that an applicant should use a conveyance either to or from a railway station, he will be expected to avail himself of the cheapest method of transport, e.g., Tramway or Omnibus Company's service.

Signature ............................................................ ...............................

Secretary, Army Pensions Board.

(Back of FORM A.P.41 (1932).

CLAIM FOR EXPENSES.

CERTIFICATE OF EXAMINING OFFICER.

A.P.41A.

DEPARTMENT OF DEFENCE.

ARMY PENSIONS ACT, 1932 .

FORM OF SUMMONS TO A WITNESS.

You are requested to attend a sitting of the Army Pensions Board to be held at St. Bricin's Hospital, Dublin, on the............day of.............................. 19....., at the hour of............................, to give evidence in relation to the above application. Travelling Expenses and Subsistence Allowance will be paid in accordance with the following rates, subject to the conditions mentioned:—

TRAVELLING EXPENSES :

(a) Witnesses will, as a general rule, be expected to travel by train, tram or omnibus whenever available, and by whichever of the said means of public transport is the cheapest.

(b) Where public transport is available, payments will be made as follows, that is to say :—

(i) in the case of travel by rail—

witnesses, professional—first class return fare ;

witnesses, non-professional—third class return fare ;

(ii) in the case of travel by tram or omnibus—fares paid.

(c) Where public conveyance is not available for the whole or any part of a journey which a witness is obliged to travel, or the Minister considers that the circumstances of the case were such as to warrant the non-user of public conveyance, reasonable travelling expenses will be allowed.

Every claim under this head in respect of hired transport where the amount claimed exceeds 5s. must be supported by vouchers.

SUBSISTENCE ALLOWANCE.

(a) Where the period of necessary absence from home is eight hours or more, and less than sixteen hours, Subsistence Allowance will be paid at the following rates :—

(b) Where the period of necessary absence from home is sixteen hours or more, and less than twenty-four hours, Subsistence Allowance will be paid at the following rates :—

(c) Where the period of necessary absence from home is twenty-four hours or more, Subsistence Allowance will be paid at the following rates for each completed period of twenty-four hours :—

together with, in the case of any broken time (not being less than eight hours) over and above twenty-four hours or a multiple thereof, extra Subsistence Allowance for such broken time in accordance with whichever of the scales (a) and (b) is appropriate.