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WORKMEN'S COMPENSATION ACT, 1934
Provisions as to Payments into Court and Investment.
1. Any sum, other than the children's lump sum, paid into Court under this Act shall, subject to Rules of Court and the provisions of this Schedule, be invested, applied, or otherwise dealt with by the Court in such manner as the Court in its discretion thinks fit for the benefit of the person entitled thereto under this Act.
2. In the event of the death of any person (in this and the next following paragraph referred to as a deceased dependant) entitled as dependant to money which is or is part of the adults' lump sum paid into Court under this Act, then, if no order has been theretofore made by the Court as to the disposition thereof for the benefit of other dependants, in the event of the death of such deceased dependant the Court may, subject to the provisions of the next following paragraph, without requiring representation to be raised to the estate of such deceased dependant distribute such sum amongst such persons as appear to the Court, upon such evidence as the Court may deem satisfactory, to be entitled by law to receive the same or if such deceased dependant is illegitimate and dies intestate, amongst the persons who in the opinion of the Court would have been entitled thereto if such deceased dependant had been legitimate, and if there are no persons who (as the case may be) appear to be so entitled as aforesaid or would have been so entitled as aforesaid, the Court shall pay such sum to the Minister for Finance for payment into or disposal for the benefit of the Exchequer.
3. Where the principal value of the estate of a deceased dependant exceeds one hundred pounds, any sum paid under the foregoing paragraph without the production of probate or letters of administration, shall be liable to estate duty as part of the amount on which that duty is charged, and the Court shall, before making any such payment, require either a statutory declaration by the claimant, or by one of the claimants, that the principal value of the estate of such deceased dependant, including the sum in question, does not, after deduction of debts and funeral expenses, exceed the value of one hundred pounds, or the production of a letter or certificate from the Revenue Commissioners stating either that all the duties payable in respect of the sum in question have been paid or that no duty is payable thereon.
4. (1) Where two or more juvenile dependants are entitled to the benefit of the children's lump sum, the Court shall, after determining the amount thereof, divide and allocate the said lump sum amongst such juvenile dependants in proportion to the number of complete calendar months which must elapse between the date of such allocation and the date on which each such juvenile dependant would respectively attain the age of fifteen years.
(2) References in this Schedule to the share of a juvenile dependant shall be construed—
(a) where there are two or more juvenile dependants entitled to the benefit of the children's lump sum, as references to the amount of the children's lump sum allotted under this paragraph to each such juvenile dependant and for the time being unapplied;
(b) where there is only one juvenile dependant entitled to the benefit of the children's lump sum, as references to the amount of the children's lump sum for the time being unapplied;
5. (1) The Court shall order the share of each juvenile dependant to be paid out for the benefit of such juvenile dependant during the period which must elapse between the date on which the share of such juvenile dependant is first ascertained and the attainment of the age of fifteen years by such juvenile dependant.
(2) In making any order for the payment of any share or part of a share of any juvenile dependant the Court may direct that such payment shall be made in instalments of equal or unequal amounts at regular intervals or fixed dates and may order that the payment of any such instalments shall cease at the expiration of a term fixed or on the happening of an event specified in such order.
6. In the event of the death under fifteen of a juvenile dependant entitled to a share (in this paragraph referred to as the first-mentioned share) the following provisions shall have effect, that is to say:—
(a) if such juvenile dependant leaves one person only under the age of fifteen who is entitled to a share (derived from the children's lump sum from which the first-mentioned share was derived), the first-mentioned share shall be added to and form part of the share of such person;
(b) if such juvenile dependant leaves two or more persons under the age of fifteen who are each entitled to a share (derived out of the children's lump sum out of which the first-mentioned share was derived) the Court shall divide and allocate the first-mentioned sum amongst such persons in proportion to their respective original shares, and the amount allocated to any such person shall be added to and form part of the original share of such person;
(c) if such juvenile dependant leaves no person under the age of fifteen who is entitled to a share (derived from the children's lump sum from which the first-mentioned share was derived) the said first-mentioned share shall be paid to the next of kin of such juvenile dependant.
7. Where the share or part of the share of a juvenile dependant is for the time being invested any moneys arising from such investment shall be added to and form part of such share.
8. Rules of Court may provide for the transfer of money paid into Court under this Act from one Judge of the Circuit Court to another Judge of the Circuit Court.
9. Any sum which under this Schedule is ordered to be invested may be invested in whole or in part in the Post Office Savings Bank or in Savings Certificates by the county registrar in his name as county registrar.
10. Any sum to be so invested may be accepted by the Minister for Posts and Telegraphs as a deposit in the name of the county registrar as such, and the provisions of any statute or regulations respecting the limits of deposits in savings banks, and the declaration to be made by a depositor, shall not apply to such sums.
11. No part of any money invested in the name of a county registrar in the Post Office Savings Bank or in Savings Certificates under this Act shall be paid out, except upon authority addressed to the Minister for Posts and Telegraphs by a Judge of the Circuit Court or such county registrar.
12. Any person deriving any benefit from any moneys invested in a post office savings bank under the provisions of this Act may, nevertheless, open an account in a post office savings bank or in any other savings bank in his own name without being liable to any penalties imposed by any enactment in respect of the opening of accounts in two savings banks, or of two accounts in the same savings bank.