PART VII.

Miscellaneous Provisions.

53. —The Minister may, after consultation with the Minister for Industry and Commerce, make an order modifying in such manner as he thinks proper the provisions of this Act (but not so as to increase the rates of contributions or to decrease the rate of pensions) in their application to masters and seamen.

54. —In granting relief, otherwise than in an institution, to a person in receipt of or entitled to receive a pension, a public assistance authority shall not take into consideration any such pension, except so far as such pension exceeds five shillings a week.

55. —(1) Where—

(a) in respect of any period a public assistance authority has granted relief, otherwise than in an institution, to or on account of a person who, though entitled to a pension, is not at that time receiving payments on account thereof, and

(b) that relief is in excess of the amount which would have been granted to that person if he had been receiving payment on account of a pension, and

(c) any sum (in this sub-section referred to as the arrears) accruing in respect of any part of the said period on account of a pension subsequently becomes payable to that person, and

(d) such public assistance authority has, before the arrears are paid to that person, certified to the Minister the amount (in this sub-section referred to as the excess so paid by such public assistance authority in excess in respect of the period in respect of which the arrears accrued,

the Minister may reduce the arrears by an amount not exceeding the amount of the excess and shall, in such case, pay to such public assistance authority out of the Widows' and Orphans' Pensions Fund a sum equal to the amount by which the arrears are so reduced.

(2) This section shall extend to a case where any sum becomes subsequently payable on account of a child's (contributory) allowance, a child's (non-contributory) allowance, an orphan's (contributory) pension or orphan's (non-contributory) pension payable in respect of a child on account of whom any such relief as is mentioned in the immediately preceding sub-section has been granted in like manner as to a case where a sum on account of a pension becomes subsequently payable to a person to or on account of whom such relief as aforesaid has been granted, and shall apply in such a case subject to the necessary modifications.

56. —(1) Where—

(a) in respect of any period unemployment assistance has been paid to a person who, though entitled to a pension, is not at that time receiving payments on account thereof, and

(b) such unemployment assistance would not have been paid if that person had then been receiving payment on account of a pension, and

(c) any sum (in this sub-section referred to as the arrears) accruing in respect of any part of the said period on account of a pension subsequently becomes payable to that person, and

(d) the Minister for Industry and Commerce has, before the the arrears are paid to that person, certified to the Minister the amount (in this sub-section referred to as the excess) so paid by the Minister for Industry and Commerce in respect of the period in respect of which the arrears accrued,

the Minister may reduce the arrears by an amount not exceeding the amount of the excess and shall, in such case, pay to the Minister for Industry and Commerce out of the Widows' and Orphans' Pensions Fund a sum equal to the amount by which the arrears are so reduced.

(2) Any moneys paid to the Minister for Industry and Commerce under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

57. —(1) If it is found at any time that a person has been in receipt of a pension during any period during which such person was not entitled thereto, or has been in receipt of a pension at a higher rate than that appropriate to the case, then such person or, in case such person is dead, the personal representative of such person, shall be liable to pay to the Minister on demand any sums paid to such person in respect of the pension during such period or, as the case may be, a sum representing the difference between a pension at the rate actually paid and a pension at the rate appropriate to the case.

(2) Any sum payable by a person to the Minister under this section shall be a debt due by such person to the Minister and may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction or by deduction from any payment or payments on account of a pension to which such person subsequently becomes entitled.

(3) Every sum repaid or recovered by the Minister under this section shall be paid into the Widows' and Orphans' Pensions Fund.

(4) The provisions of this section shall apply with the necessary modifications in the case of a person to whom a pension or a child's allowance is paid under any of the provisions of this Act for or for the benefit of any person.

58. —(1) Every person—

(a) who, for the purpose of obtaining or continuing a pension, either for himself or for any other person, or for the purpose of obtaining or continuing a pension for himself or for any other person at a rate higher than that appropriate to the case, knowingly makes any statement or representation (whether written or verbal) which is to his knowledge false or misleading in any material respect, or

(b) who knowingly obtains payment of, or continues to receive, a pension which he is disqualified from receiving or to which he is not entitled, or

(c) who knowingly obtains or receives any payment as on account of a pension which for any reason whatsoever is not payable to him,

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or to imprisonment for any term not exceeding three months.

(2) The provisions of this section shall apply with the necessary modification in the case of a person to whom a pension or a child's allowance is paid under any of the provisions of this Act for or for the benefit of any person.

59. —Where, for the purposes of this Act, the age, marriage, or death of any person is required to be proved by the production of a certificate of birth, marriage, or death, any person shall, on presenting a written requisition in such form and containing such particulars as may be prescribed and, on payment of a fee in the case of a birth certificate of sixpence, and in the case of a marriage or death certificate, of one shilling, be entitled to obtain a certified copy of the entry of the birth, marriage, or death (as the case may be) of that person in the register of births, marriages, or deaths (as the case may be) under the hand of the registrar or superintendent registrar or other person having the custody thereof, and forms for such requisition shall on request be supplied without any charge by every registrar of births and deaths, and by every superintendent registrar or other person having the custody of the register.

60. —(1) In assessing damages in any action under the Fatal Accidents Acts, 1846 to 1908, whether commenced before or after the passing of this Act, there shall not be taken into account any pension or child's allowance payable under this Act.

(2) In computing the amount of compensation under sub-clause (ii) of clause (a) of paragraph (1) of the First Schedule to the Workmen's Compensation Act, 1906, or under Rules 2 or 4 of the Second Schedule to the Workmen's Compensation Act, 1934 (No. 9 of 1934), whether proceedings to recover such compensation have been commenced before or after the passing of this Act, there shall not be taken into account any pension or child's allowance payable under this Act.

61. —(1) Where provision is made by legislative enactment in any other country for the establishment therein of any scheme of pensions substantially corresponding to that established by this Act, the Minister may, with the consent of the Minister for Finance, make reciprocal arrangements with the authority administering such scheme in such country, whereby periods of insurance, contributions paid, and residence in such country under such scheme shall, for the purposes of qualifications for pensions under this Act, be treated as periods of insurance, contributions paid, and residence in Saorstát Eireann and whereby pensions payable under such scheme shall be payable to persons whilst in Saorstát Eireann, and whereby periods of insurance, contributions paid, and residence in Saorstát Eireann for the purposes of qualification for pensions under this Act shall, for the purposes of such scheme be treated as periods of insurance, contributions paid and residence in such country and whereby pensions payable under this Act shall be payable to persons whilst in such country.

(2) Provision may, with the consent of the Minister for Finance, be made by regulations under this Act for directing that this Act shall, in relation to or in connection with any persons affected by any arrangements made under this section, apply subject to such modifications and adaptations as may be prescribed, and provision may be made by such regulations for any necessary financial adjustments.

62. —(1) Every assignment of or charge on, and every agreement to assign or charge a pension shall be void and on the bankruptcy of any person entitled to a pension the pension shall not pass to any trustee or other person acting on account of the creditors.

(2) Any sums received by any person by way of a pension shall not be included in calculating her means for the purposes of section 6 of the Debtors Act (Ireland), 1872.

63. —Every book, card, order, voucher or other document issued to any person and upon the delivery or production or in respect of the possession of which by such person on or after a date indicated expressly or by implication in such document and subsequent to the issue of such document any pension under this Act is payable to such person shall be deemed, for the purposes of the Pension Books (Prohibition of Alienation) Act, 1932 (No. 1 of 1932), to be a document to which the said last-mentioned Act applies, and the said last-mentioned Act shall be construed and have effect accordingly.

64. —(1) If in any respect any difficulty arises in bringing into operation this Act, the Minister, with the consent of the Minister for Finance, may by order do anything which appears to be necessary or expedient for bringing this Act into operation, and any such order may modify the provisions of this Act so far as may appear necessary or expedient for carrying the order into effect.

(2) No order may be made under this section after the 31st day of December, 1936.

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.