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| Reference |
DOD/30/Pensions/76
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| Title |
Extension of time limit for the receipt of Applications under the Military Service Pensions Act, 1924
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| Date |
22 May 1925 - 27 November 1935 |
| Scope and Content |
File contains typed and handwritten letters, draft and copy letters, memoranda and minutes; copy regulations; copy Statutory Rules; copy extracts from parliamentary debates, copy form MSP 1 with necessary amendments in manuscript and a printed version and related correspondence mainly between the Secretary of the Department of Defence, the Army Finance Officer, the Secretary Department of Finance, the office of the Attorney General and the Secretary to the Executive Council.
Material deals with the question of late applications under the Military Service Pensions Act, 1924 received on or before the 1st March 1925, the “cut-off” date set out in paragraph 9 of the Military Service Pensions Regulations (No1) 1924, and the implications of paragraph 9 (b) of same which appears to allow the Board of Assessors to “extend the time specified”. The implications (number of late applications received, reasons for same, financial cost, fresh sittings of the Board, hardship caused to applicants by refusals, for example) of the situation are set out by Secretary of the Department of Defence, CB O’Connor, in copy letter (3pp dated 20 May 1925) to the Army Finance Officer, Thomas Gorman. Gorman later states his view “that there is no power under Section 9 to make amending rgulations as proposed by you”- for extending the time limit for receipt of applications- (1p dated 3 June 1925). The opinion of the Attorney General (R.UaBrian) is given in copy letter dated 29 May 1925 (2pp). Copy draft regulations and copy correspondence to date (17 June) is sent by Gorman to Secretary Department of Finance with minute pointing out that the proposed extension of the date “…would result in an increased charge to the Pension Vote of approximately £20,000 a year, if not more” (11pp). Letter in reply from Finance (J.Houlihan) points out that the Minister for Defence is at liberty to extend the date for receiving applications (1p dated 24 August 1925).
The matter is raised at the Executive Council, at the request of Gorman, and approval for an extension to the 31 December 1925 is notified (1p dated 16 October 1925). Further correspondence between Gorman and Lt Gen Gearoid O Sullivan, Secretary to the Board of Assessors, recommends extending the date for late applications to 31 December 1926 (citing “hard cases”) and the provision of a mechanism to give the Minister “a dormant discretionary power” to accept an appeal for late applications without limiting the time within which the appeal is made is sought. The matter is referred to the Executive Council. Approval from the Council is withheld on the objection of the Minister for Finance (1p dated 1 December 1926). Copy of Judge Advocate General Ruling (Cahir Davitt), sought by Gorman, points out that the sanction of the Minister for Finance is not necessary for the Minister for Defence to make any regulation under Section 9 of the Military Service Pensions Act, 1924 (1p dated 24 November 1926). Subsequently, Military Service Pension Regulations (No 1) 1927 is issued.
File also contains handwritten listing of late applications marked “A”, “B”, “C” & “D” described under the following headings Reference No (L taken to represent “late”), Name and Remarks.
Marked “A”: List of persons who presented that they were resident outside ‘An Saorstat’ and consequently were unaware of the enactment of the MSP Act, 1924. Contains 54 names.
Marked “B”: List of cases who pressed their claim strongly and whose applications were supported by representations made by prominent people. Contains 43 names.
Marked “C”: Cases where various excuses were evident or advanced for not having submitted applications in prescribed time. Contains 58 names.
Marked “D”: Special North of Ireland cases where applicants suffered imprisonment “Post Truce”. Contains 8 names.
Minute in manuscript attached for Mr Creed indicates that the author (Mr Horgan) has “gone into this list with AFO (Finance Officer) who has instructed that a form of application (MSP1) under the MSP Act, 1924 be issued to F Mulcahy, Tralee (ref L 2487) and that no case has been made by any of the other persons on the list” (1p dated 27 November 1935).
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