No. 37/1926:

MILITARY SERVICE PENSIONS REGULATIONS (No. 1), 1926.

MILITARY SERVICE PENSIONS REGULATIONS (No. 1), 1926.

In exercise of the powers vested in me by Section 9 of the Military Service Pensions Act, 1924 , and of all other powers in this behalf me hereunto enabling, I, PEADAR O hAODHA, MINISTER FOR DEFENCE, do hereby make the following Regulations:

1. These Regulations may be cited as the Military Service Pensions Regulations (No. 1), 1926.

2. These Regulations cancel Military Service Pensions Regulations (No. 1), 1924, and (No. 2) 1925.

3. In these Regulations, unless the context otherwise requires, the following expressions shall have the meanings respectively assigned to them by this Regulation, that is to say:—

(a) The expression "Act" means the Military Service Pensions Act, 1924 .

(b) The expression "Minister" means the Minister for Defence.

(c) The expression "Board of Assessors" means the Board of Assessors constituted by the Minister under the Act.

4. Any notice or document required or authorised by the Minister or by the Board of Assessors to be sent to any person for the purpose of these Regulations shall be deemed to have been duly sent if sent by post addressed to that person at the address given on his application or on any preliminary statement of his case.

5. The forms M.S.P. 1, M.S.P. 2, and M.S.P. 3 appended to these Regulations or forms to the like effect officially provided shall be used in all cases to which these forms are applicable.

6. Any person who reasonably believes that he is entitled to a pension may apply to the Minister for a form of application on which to apply for a certificate of military service. The applicant will be required to furnish a statement of his case on the form M.S.P. 1 prescribed herein. Where for any reason the applicant is himself unable to execute the prescribed form of application, the Minister may in his absolute discretion accept an application executed on the claimant's behalf by a person fully conversant with the facts.

7. The Board of Assessors shall cause to be kept a record of all applications for certificates of military service referred to them by the Minister, and on receiving any such application shall forthwith cause the application to be registered and numbered.

8. The Board of Assessors shall investigate each such application referred to them by the Minister in the manner prescribed by Section 3 (2) of the Act and shall make a report to the Minister as to the military service of the applicant on the form M.S.P. 2 prescribed herein;

Provided that—

(a) Notification shall be given to the applicant by the Board in any case where the evidence submitted is not considered by them to be sufficient to establish as fact that the applicant did render service of the nature and duration necessary to qualify for any pension whatsoever under the Act, and

(b) Following the issue of the notice referred to, a period of twenty-one days shall elapse before the report of the Board of Assessors in any such case shall be communicated to the Minister.

(c) The Board in their absolute discretion may require an applicant to appear before them in person at Dublin or any other place appointed by the Board, and to produce any witnesses or persons named as references, to discharge the onus of proof which under sub-section 5 of Section 3 rests upon the applicant, or may in their absolute discretion in any particular case require such applicant to produce such evidence by Affidavit.

9. The reports made on the prescribed form M.S.P. 2 by the Board of Assessors shall be signed by at least two members.

10. Every application to the Minister for a Certificate of Military Service under this Act must be made not later than the 31st December, 1925.

Provided that—

(a) It shall be permissible to an officer or a soldier serving in the Defence Forces on or before the above-mentioned date to apply in accordance with instructions to be promulgated in Defence Orders, on the prescribed form for a Certificate of Military Service on the like conditions in all respects as if he were not then serving, subject to the terms of Section 4 (1) of the Act which provides that a Military Service Pension shall commence as from the 1st day of October, 1924, or the date of discharge from the National Forces or Defence Forces of Saorstát Eireann, whichever of those days shall be the later. And provided also that the rank of the applicant as shown in M.S.P. 2 shall be taken as the rank he held on 1st February, 1924, if he was then serving.

(b) The Board may extend the time specified for doing any act or anything mentioned in these Regulations when it is proved to their satisfaction that the applicant could not owing to circumstances beyond his control do the required act or thing in the time prescribed.

11. The Certificate of Military Service granted in accordance with the terms of the Act and of these Regulations shall be on the form M.S.P. 3 prescribed herein, and shall state the periods of Active Service which have been rendered by the applicant, as established by satisfactory evidence and the rank held by him, as defined by Section 4 (3) of the Act.

12. Any appeal to the Minister under Section 3 (6) of the Act, shall be made within 21 days of the issue to the applicant of notification by the Minister as to the terms of the report of the Board of Assessors on the applicant's case.

13. The Board of Assessors shall exercise their own discretion as to any matter of procedure under the Act not provided for by these Regulations.

Dated this 12th day of July, 1926.

PEADAR O HAODHA,

Minister for Defence.

M.S.P. 1.

MILITARY SERVICE PENSIONS ACT, 1924 .

APPLICATION TO THE MINISTER FOR DEFENCE FOR A CERTIFICATE OF MILITARY SERVICE.

This form must be filled in by every person who seeks a Certificate of Military Service. The form must be signed by applicant, and his signature witnessed, and it must then be forwarded so as to be received by the Minister for Defence not later than the 31st December, 1925. In the event of an applicant being unable to write, he should affix his mark, such act being witnessed.

NOTE.—Before answering the questions below the applicant is requested to note that—

(a) All statements made in this application will be carefully investigated and satisfactory evidence must be forthcoming on request to substantiate each and every statement made.

(b) "If any person with a view to obtaining either for himself or any other person a grant or payment of a pension under this Act makes, signs, or uses any declaration, application or other written statement knowing the same to be false, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £25 (twenty-five pounds) or to imprisonment for a period not exceeding six months or at the discretion of the Court to both such fine and imprisonment." (Sec. 7 (1) of the Military Service Pensions Act, 1924 ).

(c) "If any person so convicted as aforesaid is in receipt of a pension obtained by reason of such false declaration, application, or other written statement he shall forfeit such pension as from the date of such conviction." (Sec. 7 (2) of the Military Service Pensions Act, 1924 .)

If the applicant is unable to read, the above note should be read to him by the witness.

SERVICE IN OGLAIGH NA hEIREANN, OR IN THE IRISH VOLUNTEERS, OR IN THE IRISH CITIZEN ARMY, OR IN FIANNA EIREANN, OR IN THE HIBERNIAN RIFLES.

For each of the undermentioned periods in which you claim to have rendered Active Service state the name of the Unit or Units, name and address of the O/C., the names and addresses of three officers at present serving in the Army who can verify your service.

If you are unable to name officers at present serving you may state the names of Members of the Oireachtas, Officers and Men of the Gárda Siochána, or of the Dublin Metropolitan Police, or of Peace Commissioners, or Permanent Civil Servants (active or retired) whose salary is or was not less than £200 on a scale rising to not less than £300, or Justices of Districts Courts.

The following circumstances shall not be deemed to constitute a breach in the continuity of service:—

(a) Absence from duty following arrest, imprisonment, internment, or deportation under the Defence of the Realm Act, 1914, the Restoration of Order in Ireland Act, 1920, or any regulations made thereunder:

(b) Absence from duty following arrest, imprisonment, or penal servitude in respect of sedition, treason, or treason felony prior to 11th July, 1921.

(c) Absence from duty by reason of duties necessitating such absence undertaken at the instance of or on behalf of the Cabinet of Dáil Eireann, or on behalf of the Provisional Government, from 21st January, 1919, to 1st July, 1922.

If you claim to have been absent from duty under these conditions, give particulars of the circumstances with respect to each such period of absence, and state its duration.

(1) FROM the 1ST APRIL, 1916, to 31ST MARCH, 1917.

(a) Unit or Units............................................................ ........................................

(b) O/C ............................................................ ....................................................

(c) References:—

(d) Did you render Active Service in the Week commencing 23rd April, 1916?

............................................................ ............................................................ ............

(e) Unit or Units ............................................................ .......................................

(f) O/C ............................................................ ....................................................

(g) References:—

(h) Particulars of any Military Operations, or Engagements, or services rendered during this period............................................................ ...............................................

(i) Absence from Duty............................................................ .............................

............................................................ ............................................................ ............

............................................................ ............................................................ ............

(2) CONTINUOUS SERVICE FROM 1ST APRIL, 1917, TO 31ST MARCH, 1918.

(a) Unit or Units............................................................ .......................................

(b) O/C ............................................................ ...................................................

(c) References:—

(d) Absence from Duty............................................................ .............................

............................................................ ............................................................ ..........

............................................................ ............................................................ ..........

(3) CONTINUOUS SERVICE FROM 1ST APRIL, 1918, TO 31ST MARCH, 1919.

(a) Unit or Units............................................................ ........................................

(b) O/C ............................................................ ....................................................

(c) References:—

(d) Absence from Duty............................................................ ..........................

............................................................ ............................................................ ..........

............................................................ ............................................................ ...........

(4) CONTINUOUS SERVICE FROM 1ST APRIL, 1919, T0 31ST MARCH, 1920.

(a) Unit or Units............................................................ ................................

(b) O/C ............................................................ ..........................................

(c) References:—

(d) Absence from Duty............................................................ .........................

(5) CONTINUOUS SERVICE FROM 1ST APRIL, 1920, TO 31ST MARCH, 1921.

(a) Unit or Units............................................................ ........................................

(b) O/C............................................................ .....................................................

(c) References:—

(d) Absence from Duty............................................................ ............................

(6) CONTINUOUS SERVICE FROM 1ST APRIL, 1921, TO 11TH JULY, 1921.

(a) Unit or Units............................................................ ......................................

(b) O/C............................................................ ...................................................

(c) References:—

(d) Absence from Duty............................................................ .............................

............................................................ ............................................................ ...........

............................................................ ............................................................ ...........

(7) CONTINUOUS SERVICE FROM 12TH JULY, 1921, TO 30TH JUNE, 1922.

(a) Unit or Units............................................................ .......................................

(b) O/C ............................................................ ...................................................

(c) References:—

(d) Absence from Duty............................................................ .........................

............................................................ ............................................................ ....................

SERVICE IN THE NATIONAL FORCES OR DEFENCE FORCES OF SAORSTÁT EIREANN.

(10) Date of Enlistment............................................................ .............................

(11) Station at which you enlisted............................................................ ...............

(12) Home Address at Date of Joining............................................................ ........

............................................................ ............................................................ ............

(13) Unit (Company, Battalion, Brigade, Division)....................................................

............................................................ ............................................................ ...........

(14) Date of Resignation or Discharge or Demobilisation.........................................

............................................................ ............................................................ ...........

(15) Rank held at Resignation, or Discharge, or Demobilisation...............................

............................................................ ............................................................ .........

(16) If serving on the 1st day of February, 1924, what was your Rank on that date ?

............................................................ ............................................................ ..........

(17) Were you a Member of the Irish Volunteer Executive or of the Headquarters Staff of Oglaigh na h-Eireann at any time prior to the 11th July, 1921? If so, state the position you occupied, the Department or Branch, and the Dates of your Service

............................................................ ............................................................ ..........

............................................................ ............................................................ ..........

............................................................ ............................................................ ..........

(18) If you are in receipt of any remuneration, pension or allowance payable out of public monies, whether provided by the Oireachtas or out of the Central Fund, or by means of the Poor Rate or any other rate imposed by a local authority, state details

............................................................ ............................................................ ...........

............................................................ ............................................................ ............

(19) Give full particulars of any pension, allowance, grant or gratuity which you hold or at any time have held in respect of service in the National Forces or Defence Forces of Saorstát Eireann or in Oglaigh na h-Eireann, or in the Irish Volunteers, or in the Irish Citizen Army, or in Fianna Eireann, or in the Hibernian Rifles

............................................................ ............................................................ ...........

............................................................ ............................................................ ............

NOTE.—You will subsequently have to furnish any further particulars and to submit any evidence which the Minister for Defence, or the Board of Assessors constituted under the Military Service Pensions Act, or any person or persons duly authorised by them may require in connection with this application for a certificate of military service. In this connection attention is directed to the fact that Section 3 (5) of the Act prescribes that the onus of proof shall rest on the applicant.

Careful consideration will be given to any documentary evidence which you may wish to submit herewith. You may also at your discretion write hereunder a statement of any additional information which you consider may be of assistance in determining your application.

Signature (or Mark)

of Applicant............................................................ ......................................................

*Witness to signature

or (where applicant

is unable to write

to mark of applicant............................................................ ......................................

Address of Witness............................................................ .........................................

Qualification............................................................ ...................................................

Date............................................................ ....................

* Witness must be a Commissioned Officer at present serving in the Army or a Member of the Oireachtas; or an Officer of the Gárda Síochána, or Dublin Metropolitan Police; or a Peace Commissioner; or a Permanent Civil Servant (active or retired whose salary is or was not less than £200 on a scale rising to not less than £300); or a Justice of a District Court.

An applicant resident outside the area of jurisdiction of Saorstat Eireann may have his signature on this form witnessed by a Clergyman, Doctor, Solicitor or Barrister.

M.S.P. 2.

MILITARY SERVICE PENSIONS ACT, 1924

REPORT BY THE BOARD OF ASSESSORS.

To the MINISTER FOR DEFENCE,

We the undersigned Members of the Board of Assessors constituted under Section 3 of the above-mentioned Act, report as hereunder on the application of............................................................ .................................................... for a Certificate of Military Service in accordance with the terms of the Military Service Pensions Act, 1924 , and the Regulations made thereunder.

Rank of the applicant as defined by Section 4 (3) of the Act....................................

Total Service for Pension purposes as defined by Section 4 (2) of the Act................

Dated this.............................day of..........................................

M.S.P. 3.

MILITARY SERVICE PENSIONS ACT, 1924 .

CERTIFICATE OF MILITARY SERVICE.

In the matter of the application of............................................................ .............................................. for a Certificate of Military Service in accordance with the terms of the Military Service Pensions Act, 1924 , and the Regulations made thereunder.

WHEREAS the Minister for Defence has taken into consideration the report of the Board of Assessors constituted under the Act on the application.

THIS IS TO CERTIFY that the said............................................................ ........................................... has rendered Military Service in the Forces and during the periods as set out as follows :—

AND THAT for the purpose of the Act the rank of the said applicant shall be taken to be that of....

............................................................ ..................................

Dated this ................... day of............................................................ ......