No. 590/1935:

WIDOWS' AND ORPHANS' PENSIONS (CALCULATION OF MEANS REGULATIONS) ORDER, 1935.

WIDOWS' AND ORPHANS' PENSIONS (CALCULATION OF MEANS REGULATIONS) ORDER, 1935.

The Widows' and Orphans' Pensions (Calculation of Means Regulations) Order, 1935, made by the Minister for Local Government and Public Health on the 14th day of October, 1935, pursuant to paragraph (i) of Sub-section (1) of Section 65 of the Widows' and Orphans' Pensions Act, 1935 .

WHEREAS it is enacted by paragraph (i) of sub-section (1) of Section 65 of the Widows' and Orphans' Pensions Act, 1935 , that the Minister for Local Government and Public Health may by order make regulations for prescribing any matter or thing referred to in the said Act as prescribed or to be prescribed :

NOW, THEREFORE, the Minister for Local Government and Public Health in exercise of the powers conferred on him by the said paragraph (i) of sub-section (1) of Section 65 of the Widows' and Orphans' Pensions Act, 1935 , and of every and any other power him in this behalf enabling orders as follows, that is to say :—

1. This Order may be cited for all purposes as the Widows' and Orphans' Pensions (Calculation of Means Regulations) Order, 1935.

2. The Interpretation Act, 1923 , applies to the interpretation of this Order and of the Regulations hereby made thereunder in like manner as it applies to the interpretation of an Act of the Oireachtas.

3.—The following regulations shall have effect for the purposes of the Widows' and Orphans' Pensions Act, 1935 , that is to say :—

(1) In these regulations—

the expression " the Act " means the Widows' and Orphans' Pensions Act, 1935 .

(2) The yearly value of any property mentioned in paragraph (a) of sub-rule (1) of Rule 1 of the First Schedule to the Act shall be ascertained in the following manner, that is to say :—

(i) the first twenty-five pounds of the capital value of the said property shall be excluded; and

(ii) the yearly value of the next three hundred and seventy-five pounds of the capital value of the said property shall be taken to be one-twentieth part of so much of the capital value as exceeds twenty-five pounds and does not exceed four hundred pounds ; and

(iii) the yearly value of so much of the capital value of the said property as exceeds the sum of four hundred pounds shall be taken to be one-tenth part of so much of the capital value as exceeds four hundred pounds.

(3) The yearly value of any advantage mentioned in paragraph (d) of sub-rule (1) of Rule 1 of the First Schedule to the Act shall be ascertained in the following manner, that is to say:—

by reference to the facts, evidence and information which it is reasonably possible to obtain in each particular case, and which appear to be sufficient for the purpose.

(4) The yearly value of any property mentioned in paragraph (e) of sub-rule (1) of Rule 1 of the First Schedule to the Act shall be ascertained in the following manner, that is to say:—

(a) Where the property is of the same nature as the property mentioned in paragraph (a) of sub-rule (1) of Rule 1 of the First Schedule to the Act,

(i) the first twenty-five pounds of the capital value of the said property shall be excluded ; and

(ii) the yearly value of the next three hundred and seventy-five pounds of the capital value of the said property shall be taken to be one-twentieth part of so much of the capital value as exceeds twenty-five pounds and does not exceed four hundred pounds ; and

(iii) the yearly value of so much of the capital value of the said property as exceeds the sum of four hundred pounds shall be taken to be one-tenth part of so much of the capital value as exceeds four hundred pounds.

(b) Where the property is of the same nature as the property mentioned in paragraph (d) of sub-rule (1) of Rule 1 of the First Schedule to the Act, its yearly value shall be ascertained by reference to the facts, evidence and information which it is reasonably possible to obtain in each particular case and which appear to be to be sufficient for the purpose.

By Order of the Minister for Local Government and Public Health.

Dated this 14th day of October, 1935.

SEÁN T. O CEALLAIGH,

Minister for Local Government and Public Health.