No. 186/1933:

ARMY PENSIONS BOARD (INVESTIGATIONS OF APPLICATIONS UNDER PART II OF THE ARMY PENSIONS ACT, 1932), REGULATIONS, 1933.

ARMY PENSIONS BOARD (INVESTIGATIONS OF APPLICATIONS UNDER PART II OF THE ARMY PENSIONS ACT, 1932), REGULATIONS, 1933.

WHEREAS it is enacted by Section 9 of the Army Pensions Act, 1932 (No. 24 of 1932), that whenever the Minister for Defence, after referring under Section 8 of the said Act to the Military Service Registration Board an application for the grant under Part II of the said Act of a pension or gratuity to or an allowance or gratuity in respect of any person, receives from the Military Service Registration Board a service certificate in respect of such person, the Minister for Defence shall (unless it appears from such service certificate that such person is not a person to whom a pension or gratuity or in respect of whom an allowance or gratuity could be granted under the said Part II) refer the said application to the Army Pensions Board in pursuance of Section 7 of the Army Pensions Act, 1927 (No. 12 of 1927), and thereupon that section and Section 8 of that Act shall apply subject to the modification that the Army Pensions Board shall not investigate or report on any matter which is, under Part II of the said Army Pensions Act, 1932 , the subject of ascertainment and certification by the Military Service Registration Board :

AND WHEREAS by virtue of the said Section 9 of the Army Pensions Act, 1932 , the Army Pensions Board are required to report to the Minister for Defence in the prescribed form on every application referred to them by the Minister under the said Section 9 and for the purpose of such report are required to cause every such application to be investigated in such manner as shall be prescribed by regulations made with the consent of the Minister for Finance, and the Minister for Defence is empowered by order to make regulations in relation to the said prescribed form, and, with the consent of the Minister for Finance, the manner in which every such application is to be investigated :

NOW, I, FRANK AIKEN, Minister for Defence, in exercise of the powers conferred on me by virtue of Section 9 of the Army Pensions Act, 1932 (No. 24 of 1932), and of every and any other power me in this behalf enabling, and so far as relates to the manner in which applications referred to the Army Pensions Board under the said Section 9 are to be investigated, with the consent of the Minister for Finance testified by his signature affixed to these regulations, do hereby order and make the following regulations, that is to say :—

1. These regulations may be cited for all purposes as the Army Pensions Board (Investigation of Applications under Part II of the Army Pensions Act, 1932 ), Regulations, 1933.

2. 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.

3. In these regulations—

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

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

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

4.—(1) Every report made by the Board to the Minister on an application for a wound or disease pension or a gratuity under Section 10 of the Act referred to them under Section 9 of the Act shall be in the Form A.P.39A 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 under Section 12 of the Act in respect of a person killed while engaged in military service referred to them under Section 9 of the Act shall be in the Form A.P.40A in the Schedule hereto and shall contain the particulars asked for or otherwise indicated in that form.

(3) Every report made by the Board to the Minister on an application for an allowance or gratuity under Section 12 of the Act in respect of a person (other than a person killed while engaged in military service) referred to them under Section 9 of the Act shall be in the Form A.P. 40B in the Schedule hereto and shall contain the particulars asked for or otherwise indicated in that form.

(4) Every report made by the Board to the Minister on an application for an allowance or gratuity under Section 13 of the Act referred to them under Section 9 of the Act shall be in the Form A.P.40C in the Schedule hereto and shall contain the particulars asked for or otherwise indicated in that form.

5.—(1) Every investigation by the Board of an application for a wound or disease pension or a gratuity under Section 10 of the Act referred to them under Section 9 of the Act 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—

(i) medically examine the applicant themselves,

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

(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 Part II of the Act and that the examination of the applicant by a medical board or by the Board is reasonably practicable, the Board shall 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 wound or disease pension or a gratuity under Section 10 of the Act referred to them under Section 9 of the Act, 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.

6. Every investigation by the Board of an application for a wound or disease pension or a gratuity under Section 10 of the Act referred to them under Section 9 of the Act 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.

7. Every investigation by the Board of an application for an allowance or gratuity under Part II of the Act which is based on the death of a person, and which is referred to them under Section 9 of the Act, 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 appropriate form of report prescribed by these regulations.

8. Whenever the Board have reported to the Minister on an application referred to them under Section 9 of the Act, 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 reconsider 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.

9. Whenever the Minister, in consequence of a report from the Board, has refused an application for a pension, allowance or gratuity, under Part II of the Act 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.

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

FRANK AIKEN,

Minister for Defence.

I consent to the foregoing Regulations,

SEÁN MACENTEE,

Minister for Finance.

SCHEDULE.

A.P. 39A.

ARMY PENSIONS ACT, 1932 .

REPORT BY ARMY PENSIONS BOARD ON AN APPLICATION FOR A WOUND OR DISEASE PENSION OR A GRATUITY UNDER SECTION 10 OF THE ABOVE MENTIONED ACT.

A.P. 40A

ARMY PENSIONS ACT, 1932 .

REPORT BY THE ARMY PENSIONS BOARD ON AN APPLICATION FOR AN ALLOWANCE OR GRATUITY UNDER SECTION 12 of THE ARMY PENSIONS ACT, 1932 , IN RESPECT OF A PERSON KILLED WHILE ENGAGED IN MILITARY SERVICE.

A.P. 40B

ARMY PENSIONS ACT, 1932 .

REPORT BY THE ARMY PENSIONS BOARD ON AN APPLICATION FOR AN ALLOWANCE OR GRATUITY UNDER SECTION 12 of THE ARMY PENSIONS ACT, 1932 , IN RESPECT OF A PERSON (OTHER THAN A PERSON KILLED WHILE ENGAGED IN MILITARY SERVICE).

A.P. 40C

ARMY PENSIONS ACT, 1932 .

REPORT BY THE ARMY PENSIONS BOARD ON AN APPLICATION FOR AN ALLOWANCE OR GRATUITY UNDER SECTION 13 of THE ARMY PENSIONS ACT, 1932 .