No. 6/1928:

ARMY PENSIONS (INVESTIGATION OF APPLICATIONS) REGULATIONS, 1928.

ARMY PENSIONS (INVESTIGATION OF APPLICATIONS) REGULATIONS, 1928.

WHEREAS it is enacted by sub-section (1) of section 27 of the Army Pensions Act, 1927 (No. 12 of 1927), that the Minister for Defence may by order make regulations in regard to any matter or thing referred to in that Act as prescribed or as being or to be prescribed by regulations made under that Act, but where such regulations are referred to in that Act as being or to be made with the consent of the Minister for Finance the same shall not be made without such consent :

AND WHEREAS it is enacted by sub-section (2) of section 7 of the said Act, that the Army Pensions Board shall report to the Minister for Defence in the prescribed form on every application referred to them under the said section and for the purpose of such report shall cause every such application to be investigated in such manner as shall be prescribed by regulations made under that Act with the consent of the Minister for Finance :

NOW, the Minister for Defence, in exercise of the powers conferred on him by the Army Pensions Act, 1927 (No. 12 of 1927), and of every and any other power him in this behalf enabling, and, so far as relates to the manner in which applications referred to the Army Pensions Board under Section 7 of the said Army Pensions Act, 1927 , are to be investigated, with the consent of the Minister for Finance testified by his signature affixed to these Regulations, doth by this order make the following Regulations, that is to say :—

1. These Regulations may be cited as the Army Pensions (Investigation of Applications) Regulations, 1927.

2. In these Regulations—

the expression " the Minister " means the Minister for Defence,

the expression " the Principal Act " means the Army Pensions Act, 1923 (No. 26 of 1923),

the expression " the Act of 1927 " means the Army Pensions Act, 1927 (No. 12 of 1927),

and the expression " the Board " means the Army Pensions Board.

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

4. The Minister shall, unless he is satisfied that the application is frivolous by reason of not showing facts which, if true, would bring the applicant within the terms of the Army Pensions Acts, 1923, and 1927, or is mala-fide by reason of containing statements (not relating to the medical condition of the applicant) which are false or misleading or is otherwise fraudulent, refer in accordance with section 7 of the Act of 1927 to the Board

(a) every application for the grant of a pension, gratuity or allowance under the Principal Act which was pending on the 30th day of April, 1927, and

(b) every application for the grant of a pension, gratuity or allowance under the Principal Act as amended by the Act of 1927, and

(c) every application for the grant of a pension, gratuity, or allowance under the Act of 1927 other than applications based on a wound received on or after the 1st day of October, 1924, or on the death of a person killed on or after that date.

5. (1) Every report made by the Board to the Minister on an application for a pension in respect of a wound or disease or for a gratuity in respect of a wound referred to them under the foregoing paragraph shall be in the Form No. 1 in the Schedule hereto, and shall contain the particulars asked for or otherwise indicated in that form.

(2) Every report made by the Board to the Minister on an application for an allowance or gratuity which is based on the death of a person and which is referred to them under the foregoing paragraph shall be in the Form No. 2 in the Schedule hereto, and contain the particulars asked for or otherwise indicated in that Form.

6. (1) Every investigation by the Board of an application for a pension in respect of a wound or disease or for a gratuity in respect of a wound referred to them under section 7 of the Act of 1927 shall, in so far as such investigation relates to the medical condition of the applicant, be conducted by the Board in the manner following, that is to say :

(a) The Board shall in the first instance do one, but only one, of the following things, that is to say, either

(i) medically examine the applicant themselves, or

(ii) refer the applicant to be medically examined by a medical board constituted and appointed in the manner hereinafter mentioned, or

(iii) refer the applicant to be medically examined by a duly qualified medical practitioner (hereinafter referred to as a pensions medical officer) appointed in the manner hereinafter mentioned :

(b) Whenever an applicant has been medically examined by a pensions medical officer, the Board shall consider the report of such officer, and

(i) if on such consideration the Board are of opinion that the case of the applicant appears to come within the provisions of the Principal Act as amended by the Act of 1927, or the Act of 1927, and that the examination of the applicant by a medical board or by the Board is reasonably practicable, the Board shal either as they think fit refer the applicant to be medically examined by a medical board or medically examine the applicant themselves, and

(ii) in every other case the Board may, if on such consideration they think it desirable either, as they think fit, refer the applicant to be medically examined by a medical board or medically examine the applicant themselves :

(c) Whenever an applicant has been medically examined by a medical board, the Board may, if, after considering the report of such medical board they consider it necessary, medically examine the applicant themselves.

(2) (a) Whenever an applicant for a pension is referred under this regulation to a medical board for medical examination, such medical board shall medically examine such applicant and report to the Board on him in such form as the Board may direct.

(b) Whenever an applicant for a pension is referred under this regulation to a pensions medical officer for medical examination such officer shall medically examine such applicant and report to the Board on him in such form as the Board may direct.

(3) For the purpose of enabling the medical examinations by a medical board or a pensions medical officer to be carried out in accordance with this regulation, the following provisions shall have effect, that is to say :

(a) The Minister may with the consent of the Minister for Finance establish so many medical boards as he may deem necessary ;

(b) every medical board shall consist of two duly qualified medical practitioners appointed by the Minister with the concurrence of the Minister for Finance ;

(c) the Minister may with the concurrence of the Minister for Finance appoint so many pensions medical officers as he may deem necessary ;

(d) every appointment of a member of a medical board or of a pensions medical officer shall be made upon such terms (including remuneration) and subject to such conditions as the Minister with the concurrence of the Minister for Finance shall direct.

(4) For the purpose of any medical examination by the Board, a medical board or a pensions medical officer in pursuance of this regulation, the Board or such medical board or officer (as the case may be) may require an applicant to appear before them or him at such place and at such time as they or he may appoint, and to submit to such medical examination as may be deemed necessary by them or him for the purposes of this regulation.

(5) For the purpose of reporting on any application for a pension in respect of a wound or disease or for a gratuity in respect of a wound referred to them under section 7 of the Act of 1927, the Board, so far as relates to the medical condition of an applicant, may cause an applicant to be examined by a medical or surgical specialist to be appointed by them with the concurrence of the Minister and of the Minister for Finance, and for this purpose may require an applicant to appear before such specialist at such time and place as the Board may appoint and to submit to such examination by such specialist as he may deem necessary.

7. Every investigation by the Board of an application for a pension in respect of a wound or disease or for a gratuity in respect of a wound referred to them under section 7 of the Act of 1927 shall, in so far as such investigation relates to matters other than the medical condition of the applicant, be conducted by the Board in the manner following, that is to say, the Board shall make such enquiries, summon such witnesses and take such evidence as they may deem necessary in order to enable them to report on such matters in accordance with the form of report prescribed by these regulations.

8. Every investigation by the Board of an application for an allowance or gratuity which is based on the death of a person, and which is referred to them under section 7 of the Act of 1927, shall be conducted by the Board in the manner following, that is to say, the Board shall make such enquiries, summon such witnesses and take such evidence as they may deem necessary to enable them to report on such application in accordance with the form of report prescribed by these regulations.

9. Whenever the Board have reported to the Minister on an application referred to them under section 7 of the Act of 1927, the Minister may refer the report back to the Board for further consideration on such points as the Minister may consider necessary, and the Board shall thereupon re-consider such points as aforesaid and shall return the report to the Minister with such (if any) amendments therein or additions thereto as they shall consider proper to make.

10. Whenever the Minister, in consequence of a report from the Board, has refused an application for a pension, allowance or gratuity, and the applicant satisfies the Minister that he can adduce additional evidence which was not previously submitted to the Board and which might materially affect the opinion of the Board as contained in such report, the Minister may refer the application and report to the Board for further consideration, and the Board shall receive and consider such additional evidence as may be adduced by the applicant and shall return the report to the Minister with such (if any) amendments therein or additions thereto as they shall consider proper to make.

Sealed with the Official Seal of the Minister for Defence,

this 28th day of January, 1928.

(Signed), PEADAR MAC MATHGHAMHNA,

Secretary, Department of Defence.

I consent to the foregoing Regulations.

EARNAN DE BLAGHD,

Minister for Finance,

A.P. 39.

SCHEDULE No 1.

DEPARTMENT OF DEFENCE.

REPORT ON A CLAIM FOR PENSION.

A.P. 40.

DEPARTMENT OF DEFENCE

Report on a Claim for an Allowance or Gratuity.