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

1. A person whose name is on the register of Dáil electors;

2. An Irish diplomatic or consular officer;

3. A person who, under the law of the country in which the pensions declaration is made, is -

(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.

GIVEN under my Official Seal,

28

th

April 2003

CHARLIE McCREEVY,

Minister for Finance.

4. (1) Subject to paragraphs (2) and (3) of this Rule, a pensions declaration shall be made before a witness who is -

(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. (1) A pensions declaration made by a pensioner shall 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 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. (1) Subject to paragraph (2) of this Rule it shall not be necessary for a person to make a pensions declaration prescribed by these Rules in relation to a payment specified in section 5 (1) of the Principal Act -

(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. The Pension Declaration Rules 1966 (

S.I. No. 134 of 1966

) are revoked.

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

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