S.I. No. 171/2003 - Pensions Declarations (Amendment) Rules 2003

I, Charlie McCreevy, Minister for Finance, in exercise of the powers conferred on me by section 5 of the Appropriation Act 1962 (No. 19 of 1962), hereby make the following rules:

1.

• (2) These Rules come into operation on the 1^st day of May 2003.

2.

“close relative” means a father, mother, son, daughter, grandson, granddaughter brother, sister, niece or nephew of the pensioner or of the declarant;

“declarant” means a person -

• (a) who claims to be entitled to receive a payment on foot of a pension, and

• (b) who makes a pensions declaration in accordance with these Rules;

“pension” includes an annuity, superannuation benefit or other allowance;

“pensioner” means the person to whom the pension the subject of the pensions declaration was granted;

“pensions declaration” means a declaration required by subsection (1) of section 5 of the Principal Act to be made in relation to any payment specified in that subsection which comprises a payment on foot of a pension;

“Principal Act” means the Appropriation Act 1962 (No. 19 of 1962);

“relevant Minister”, in relation to a pensions declaration, means the Minister of the Government responsible for the payment of the pension referred to in the pensions declaration;

“witness” means the person before whom a pensions declaration is made.

3.

• (a) that the declarant is entitled to receive the payment,

• (b) the full name of the pensioner and, where a change of name of the pensioner has occurred since the date of the award of the pension, all names by which the pensioner was, during the period since the date of the award of the pension formerly known,

• (c) the service in respect of which the pension was granted, and

• (d) the full address of the current place of residence of the pensioner and, where a change of the place of residence of the pensioner has occurred since the date of the award of the pension, the full address of any place of residence at which during the period since the date of the award of the pension, the pensioner previously resided.

4.

• (a) in case the pensions declaration is made in the State, a person whose name is on the register of Dáil electors,

• (b) in case the pensions declaration is made outside the State, a person of one of the descriptions specified in the Schedule to these Rules.

• (2) The following persons may not be a witness:

• (a) the pensioner;

• (b) the spouse of the pensioner or of the declarant;

• (c) a close relative;

• (d) the spouse of a close relative.

• (3) Notwithstanding paragraph (1) of this Rule, where the relevant Minister is satisfied that no person to whom that paragraph applies is conveniently accessible to the declarant the declarant may make a pensions declaration before such person, other than a person specified in paragraph (2) of this Rule, as the Minister for Finance may for that purpose determine.

• (4) Where the relevant Minister so requires, a pensions declaration shall be made before a person whom the said Minister shall select for that purpose, being a person described in paragraph (1), and not being a person described in paragraph (2), of this Rule.

5.

• (a) that he or she is a person described in Rule 4 (1) of these Rules,

• (b) that the pensions declaration was made in his or her presence, and

• (c) that he or she believes the person who made the pensions declaration to be the pensioner.

• (2) A pensions declaration made by someone other than the pensioner shall, if the relevant Minister so requires, be supported by a declaration made by the witness stating —

• (a) that he or she is a person described in Rule 4 (1) of these Rules,

• (b) that the pensions declaration was made in his or her presence, and

• (c) that he or she has seen alive, on the day he or she witnessed the declaration, the person whom he or she believes to be the pensioner.

6.

• (a) Where the relevant Minister is satisfied that a pensions declaration is not required in respect of the payment sought, or

• (b) where the payment is made in accordance with section 24 (1)(a) of the Superannuation and Pensions Act 1963 (No. 24 of 1963).

• (2) Notwithstanding paragraph (1)(a) of this Rule, the relevant Minister may from time to time require a person receiving a payment on foot of a pension to make a pensions declaration, and the person shall comply with such requirement.

7.

SCHEDULE

Persons (not being the pensioner, or the spouse of the pensioner or of the declarant, or a close relative or a spouse of a close relative) before whom pensions declarations are to be made outside the State:

• (a) a minister of religion recognised as such,

• (b) a magistrate recognised as such,

• (c) a physician or surgeon registered as such,

• (d) a person qualified and acting as a lawyer in the country in which the pensions declaration is made and authorised to so act,

• (e) a notary public or other person competent to administer oaths,

• (f) an officer authorised to sign documents on behalf of a bank, including a savings bank, being a bank recognised as such, or

• (g) a serving police officer duly appointed.