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LIBRARY
OF THE
University of California.
OOCWMENTS
Class DEPT.
OLD-AGE PENSIONS
ACT, 1908.
TOGETHER WITH
THE TEXT OF THE REGDLATIONS MADE THEREUNDER
Dated i^th October^ 1908,
AND
Official Circulars and Instructions for the
Guidance of Pension Authorities by the
Local Government Boards
OF
ENGLAND, SCOTLAND, AND IRELAND;
Annotated, and Explained, with Historical Introduction.
BY
WII^T^IAM A. CASSON,
Barrister-at-Laiv^ of the South-Eastern Circuity author of various
luorks on Local Government , including the Education Act, 1902,
Model Byelaivs under the Public Health Acts, etc.
THIRD EDITION.
ONE SHILLING NET.
Strongly bound Cloth Edition, 2/- net.
UonDon :
ClIAS. KNIGHT & CO., Ltd., Local Government Publishers,
227-239, TOOLEY STREET, S.E.
1908.
Messrs. CHAS. KNIGHT & CO., Ltd.,
HAVE THE FOLLOWING
BOOKS AND FORMS
in Stock. For full details and prices see separate list. These Forms
will be required in addition to those supplied by the Government.
Placard setting out the Provisions
of the Act,
l.—The Local Pension Committee,
REGISTER OF ATTENDANCE OF MEMBERS.
MINUTE BOOK.
ROUGH MINUTE BOOK.
2.— Business Records,
RUBBER STAMP for fining in Heading of Official
Forms, of the size prescribed by the Regulations.
(See Circ. , par. i6. )
CASES FOR FILING CLAIMS and all accessory
documents for ready reference, printed on face, with
spaces for name of Committee and name and number
of Claimant.
ALPHABETICAL INDEX TO REGISTER OF
CLAIMS AND QUESTIONS, with Sub-Index
for Vowels. (See Regulation 23 (3).)
ALPHABETICAL INDEX of Pensioners.
3,— Finance.
CASH BOOK. PETTY CASH BOOK.
GENERAL LEDGER.
London :
CHAS. KNIGHT & CO., Ltd.,
227-239, TOOLEY STREET, S.E.
av
,<
OLD-AGE PENSIONS
ACT, 1908.
TOGETHER WITH
THE TEXT OF THE REGULATICNS MADE THEREUNDER
Dated \^th October, 1908,
AND
Official Circulars and Instructions for the
Guidance of Pension Authorities by the
Local Government Boards
OF
ENGLAND, SCOTLAND, AND IRELAND;
Annotated and Explained, with Historical Introduction.
BY
Barrister-at-Law, of the Soiith-Eastern Circuit, autltor of various
works oil Local Government, includins^ tJie Education Act, 1902,
Alodel Byelaws tinder the Public Health Acts, etc.
THIRD EDITION.
ONE SHILLING NET
I \\ Stpong-ly bound Cloth Edition, 2/- net.
Xon^on :
CHAS. KNIGHT & CO., Ltd., Local Government Publishers
227-239, TOOLEY STREET, S.E.
1908.
GENERAi
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c o isr T E isr T s .
:o:
Preface to Third Edition
Preface to Second Edition
Introduction
Order of Proceedings . . .
Old- Age Pensions Act, 1908
Old- Age Pensions Regulations
APPENDIX A.— Circulars :
Local Government Board (England), 4th August, 1908
4th August, 1908
2 1st August, 1908
loth October, 1908 ...
27th October, 1908 ...
Local Government Board (Scotland), 22nd August, 1908 ...
14th October, 1908 ...
29th October, 190S ...
Local Government Board (Ireland), 8th August, 1908
22nd August, 1908 ...
8th September, 1908...
8th October, 1908
APPENDIX B :
Financial Instructions for Pension Committees and Sub-
Committees ...
APPENDIX C :
List of Local Authorities in England, Scotland and Ireland
by whom Pension Committees will be appointed
APPENDIX D :
The Naturalization Acts, 1870, 1872 and 1895
APPENDIX E :
I'onn of Register
APPENDIX F :
Memorandum for Persons desiring to make Claims
INDEX
A 2
PAGE
v
viii
ix
XNX
77
81
98
100
102
117
120
128
'30
132
134
139
14.S
167
171
179
188062
V
/FORN^^,
PREFACE TO THIRD EDITION.
The second edition having become exhausted, and the
Provisional Regulations made by the Treasury in conjunc-
tion with the Postmaster-General and with the Local Govern-
ment Boards of England, Scotland, and Ireland, having been
replaced by the permanent Regulations made on the 15th
October, 1908, a third edition of this book was called for.
As is explained in tlic Circular issued l)y the Local
Government Board on 27th October, the new Regulations are
for the most ])art identical Avith the Provisional Regula-
tions. Apart from a few alterations which arc merely
verbal, the following are the points on which the new Regu-
lations differ from the Provisional Regulations: —
No. 19. Words have been added to ])aragraph (2)
of this Regulation requiring that a committee on
receiving notice of any decision of the Local Govern-
ment Board on an appeal Isy a person aggrieved other
than the claimant or pensioner, shall send information
of such decision to that person as well as to the pension
officer and to the claimant or ])ensioner.
No. 22. This Regulation lias been slight!}- altered
with the object of making it clear that the right of a
sub-committee to the use of offices of a local authority
extends to any such offices in the area of ihe council
of the county, borough, or urban district by whom the
local pension committee are appointed, and is not con-
fined to offices within the area of the sub-committee.
VI
A proviso has also been added to j^aragraph (3) of
the Regulation directing that, except with the sanction
of the Local Government Board, a committee or sub-
committee shall not hold a meeting on any licensed
premises, nor shall any such premises be used without
such sanction as an office of the committee or sub-com-
mittee, or for any purpose of or incidental to their
business. The sanction of the Local Government Board
in any such case is only to be given when no other suit-
able room is available, either free of charge or at a
cost not exceeding the scale fixed by the Treasury.
For the purpose of the Regulation, the expression
"licensed premises" is defined by paragraph (4) of the
Regulation to mean premises licensed for the sale of
intoxicating liquor, and to include any club at which
such liquor is supplied.
No. 24. A proviso has been added to paragraph (2)
of this Regulation, to enable the Local Government
Board, in special circumstances, to authorise a smaller
or a greater number of members of a sub-committee
than that specified in the Regulation.
No. 31. Some alteration has been made in para-
graph (2) of the Regulation, with respect to the disposal
of documents by the pension officers.
No. 36. Paragraph (1) of this Regulation has been
altered to bring it up to date. It requires that every
council by whom a local ^Dension committee has not
already been appointed shall forthwith hold a meeting
for the purpose of appointing such committee.
vu
No. 38. This Regulation is new. It provides that
everything clone in pursuance of the Provisional Regu-
lations shall, notwithstanding anything contained in
the present Regulations, be deemed to have been
validly done, and have full effect accordingly.
The opportunity has been taken to amend and add to
the notes to the various sections with a view of elucidating
such points of difficulty as are likely to be raised during
the early stages of the application of the Act.
All important Circulars issued by the Local Government
Boards of England, Scotland, and Ireland since the publica-
tion of the second edition have been inserted in the present
edition.
W. A. C.
Temple,
2nd November, 1908.
vm
PREFACE TO SECOND EDITION.
The first edition of this little book was hurried through
the press at such speed that some mistakes were unavoid-
able. The opportunity which the preparation of a second
edition has afforded has been taken advantage of to correct
any errors, and to add further matter. In view of some
opinions which have been eisevvhere expressed as to the mode
of calculating the incomes of married persons, a special note
has been added to section 4 (2), in whic'i it is pointed out
that the total income of a married couple is not to be
divided in every case, but is only to be divided for the
purpose of providing a technical minimum income for one
of the couple. Complete lists have been added to
Appendix C, giving the local authorities in Scotland and
Ireland by whom local pension committees are to be
appointed, as well as those given in the previous edition
for England. Additions have been made to Appendix D so
that it now comprises the three Naturalization Acts of 1870,
1872, and 1895.
W. A. C.
Temple,
15th September, 1908.
IX
INTROI3XJGTIO^.
:0:
It was on Thursday, the 7th May, 1908, that the Right
Hon, H. H. Asquith, the Prime Minister, in introducing
the Budget, announced the intention of the Government
to deal with the question of old-age pensions. This ques-
tion has been made the subject of many proposals, but all
of them were reported on adversely by Lord Aberdare's
Royal Commission on the Aged Poor in 1895. Subsequently
to that there were other proposals, and several Bills were
introduced into Parliament, and these were considered by
various committees in 1899, 1900, and 1903. Mr. Asquith
told the House of Commons that whilst these inquiries had
been proceeding other countries had been making experi-
ments. The German system, which is one of compulsory
State-aided assurance, has been in existence since 1889.
Under it pensions averaging a little over £6 13s. a year
are paid to insured persons of the age of 70 and upwards.
The State contribution amounts to less than 40 per cent,
of the whole, and it would seem that in 1907 not more than
126,000 persons out of a population of over 52 millions were
in receipt of old-age pensions. Legislation had been
initiated in Denmark in 1891, in New Zealand in 1898, and
subsequently in New South Wales and Victoria. These
systems, though differing widely in their details, have several
important features in common. In the first place, they
do not depend for their application either upon voluntary
or compulsory contribution on the part of the pensioner.
In the next place, they are limited in all cases to persons
whose income or property is below a prescribed figure ;
and, thirdly, in all cases they impose some test or other
varying in stringency and in complexity, of character and
desert in regard to such matters, for instance, as past
criminality or pauperism.
Mr. Asquith said "We have had to consider this matter
very carefully, and the first conclusion at which we arrived was
that all so-called contributory schemes must be ruled out.
They do not meet the necessities of the case. If the con-
tribution which is to be the condition of a pension were left
to the option of the would-be pensioner, the assistance of
the State might be confined to a comparatively small class,
and that not by any means necessarily the most necessitous
or the most deserving class. On the other hand, if it
were sought to make the contribution compulsory with no
practical machinery in this country by which it could be
worked, you would certainly have to face the hostility of
many other competing bodies like the trade unions, friendly
societies, insurance companies, and a host of others."
Mr. Asquith proceeded to say that "As regards the
amount of the pension, it has been generally agreed in this
country that 5s. a week, or £1;^ a year, should be the sum.
Let me assume that the 7naxi?nu77t of £1^ a year — and I
prefer to speak of it as so much a year instead of so much
a week — was to be awarded in all cases and to make no
allowance, as you must do, for the differential treatment
of married couples. The annual cost of providing pensions
for the total number of pensionables — and I hope I shall
be forgiven for that barbarous word — would work out thus.
For persons over 65 the cost w^ould be ;^i2, 180,000 ; and
for persons over 70 the cost would be ^7,440,000. To both
these figures you must add the cost of administration, esti-
mated by the Hamilton Committee at 3 per cent. ; and the
experience of New Zealand shows that that is an outside
figure. On the other hand, there are certain heads of de-
duction which ought to be taken into account in forming
the estimate of cost. In the first place, it is reasonable
to suppose that, through ignorance, inadvertence, and other
causes a substantial proportion of persons legally entitled
to pensions would not receive them. In the next place,
married couples ought, when living together, to be pen-
sioned at a lower rate than single people. The number
of husbands and wives so living together over 65 years of
age and upwards form about 26 per cent, of the total popu-
lation at that age in any year; that is, roughly speaking,
XI
about a quarter, not more, of the total number of pen-
sioners will receive not more than 3s. Qd., instead of 5s.
per head, or £(^ 15s., instead of £12, a year. Then, of
course, there is another very important consideration.
There must clearly be provision for the forfeiture or sus-
pension of the pensions if they are shown to have been
obtained by fraudulent misstatements, or if the pensioner
is subsequently convicted of serious oifences.
THE MAIN CONSIDERATIONS.
" Now I will bring these various considerations to a head
in a moment. We think, first of all, the financial situation
admits of a substantial first step being now taken. We
think next that the social and economic conditions of the
United Kingdom are so different from those in other
countries, like Denmark and New Zealand, which alone
afford any relevant experience that has been obtained, that
we ought in the first place to proceed with great caution
upon lines which may admit of subsequent development ;
and we think, further, that the experimental effort which
we are about to make should be one of which, as far as it
goes, we should from the first be able to foresee — I do not
say with precision, but with reasonable accuracy — the
ultimate cost, and thus avoid committing Parliament to a
mortgage of indefinite amount upon the future resources
of the country. The proposals that we make, having regard
to these various considerations, are as follows : — First, the
income limit, apart from pension, should be fixed at ^26
a year, subject to reduction in the case of married couples
living together from £"^2 to £2^) per year. I say a year
because, as many of these old people are in more or less
casual employment, now with a job and now without one,
it is very much better to take the whole income for the
preceding year than the weekly income from time to time.
Secondly, we think that the age limit, having regard to
the figures which I quoted to the House a short time ago,
at which a pension should accrue should in the first instance,
at any rate, and for the purpose of our present proposal,
be fixed at 70. Thirdly, there is no substantial difference
of opinion, I believe, as to the amount of the pension, which
xu
should be £12, a year, and in the case of married couples
living together £g 15s. per head. Fourthly, we think that
stringent conditions should be provided — and by stringent
I mean effective— for forfeiture or suspension, following
in the main those which prevail in New Zealand."
The Bill was introduced shortly after the Budget Speech,
and reached its Second Reading stage on the 15th June,
1908. On moving that the Bill be read a second time, the
Chancellor of the Exchequer (Mr. Lloyd George) explained
the principles on which the Government had proceeded in
framing the measure, and his speech contains practically
all the arguments for and against the various schemes that
have been propounded, including that which is embodied
in the Bill. The Chancellor of the Exchequer said that
a contributory scheme was impossible in this country,
because it would practically exclude women from its benefits,
and because "the majority of working men are unable to
deflect from their weekly earnings a sufficient sum of money to
make adequate provision for old age, in addition to that
which they are now making for sickness, infirmity, and
unemployment." In this speech the Chancellor of the
Exchequer foreshadowed the changes which ultimately were
made in the Bill by the introduction of a sliding scale, and
he stated that the Government would not oft'er any strenuous
resistance to the amendment of the Bill in that direction,
and that he was quite prepared to give due weight to the
considerations in favour of such a scale. (Parliamentary
Debates, Vol. CXC, p. 569.)
In the Committee Stage of the Bill amendments were
subsequently made by which the sliding scale set forth
in the Schedule to the Act was adopted. (Parliamentary
Debates, Vol. CXC, p. 1587.)
The Bill rapidly passed through all its stages in both
Houses of Parliament, and received the Royal Assent on
ist August, 1908.
With regard to the various schemes for the provision of
old-age pensions, a memorandum which has been prepared
Ml!
by the Local Government Board was issued as a Parlia-
mentary Paper in July, 1907. [Cd. 3618.]
This memorandum contains, firstly, a short account of
the proposals which have from time to time been considered
by the Royal Commission on the Aged Poor and by Par-
liamentary and other Committees with the object of pro-
viding pensions for aged persons ; secondly, a statement of
the effect of the scheme for this purpose put forward by
one of these Committees (Mr. Chaplin's) in 1899, and of
the examination of the financial aspects of this scheme by
the Departmental Committee of 1 899-1900; thirdly, an
estimate of the cost of providing pensions under certain
schemes ; fourthly, an estimate of the possibilities of a re-
duction in Poor Law expenditure under a scheme of old-age
pensions ; and, finally, some notes of the existing informa-
tion as to the classes of persons at present in receipt of pen-
sions or superannuation allowances from various sources.
In this memorandum, from which much of the following
matter is taken, it is stated that although various pension
schemes for the aged poor in this country have been pro-
pounded and considered between 1893 and 1903 — some of
a universal kind, some on a basis of insurance (with or
without an element of compulsion), and others involving
special conditions, limiting the number of possible pen-
sioners — there is, as yet, no scheme which has, after con-
sideration by a Parliamentary Committee, taken so definite
a shape and reached so authoritative a position as that
favoured by the Select Committee of 1899 (Mr. Chaplin's),
and virtually adopted, with modifications, by the Select
Committee of 1903.
It is, therefore, of moment to refer to the question of
the numbers which might now be pensionable under that
scheme, having regard to the investigations made by the
Departmental Committee of 1899-1900. Further, the oppor-
tunity is taken of making some observations on points
affecting the matter, such as the number and growth of the
aged population.
XIV
The main task of the Departmental Committee of 1899-
1900 was to arrive at an estimate of the cost which the
scheme of the Chaplin Committee, if put into operation,
would involve. For this purpose the Departmental Com-
mittee took the means set out in their report to arrive, first,
at estimates of the total number of the aged (various age-
periods and dates being dealt with), and, secondly, at the
numbers who would be disqualified from a pension, on the
various grounds specified in the scheme. The residue of
the aged population would represent the possible pensioners.
Applying the estimates of the Departmental Committee
of 1 899-1900 to the present time, it has been calculated
that in the United Kingdom, out of a total population of
the age of 65 years and upwards probably numbering some
2,116,000 in 1907, there would be about 686,000 persons
qualified for a pension, leaving about 1,430,000 persons of
pensionable age who would be disqualified on one or other
of the grounds specified in the scheme of j\Ir. Chaplin's
Committee.
As regards population, tables show the number of persons
of 65 years and upwards as enumerated at the census of 1901,
and as estimated for the middle of 1907 In the enumerated
population of the United Kingdom (1901) the number of
persons 65 years of age and upwartis was 2,018,716, or about
5 per cent, of the total population of all ages. The popu-
lation at later ages decreases rapidly; the number of persons
70 years and upwards being but little more than one-half the
number over 65, viz., 1,205,000, while it was less than a
third at 75, viz., 600,000. Women were in excess of men,
their number being in the proportion of 1.27 to one man
for the population aged 65 years and upwards, and in the pro-
portion of 1.37 to one man at the age of 75 years and upwards.
Nearly one-third of the whole number of persons aged 65
years and upwards in England and Wales in 1901 were living
in rural districts, the number of aged persons in rural districts
being a larger factor in the general population of those
districts than is the case in urban districts.
XV
AGE LIMIT.
As to age limit, it may be noted that this has been set
at 65 years by most of the Bills promoted in regard to pension
schemes and by each of the Committees which have con-
sidered the subject. The same age limit is fixed by the
statutes governing the grant of State pensions in New
Zealand. Lord Rothschild's Committee, indeed, remarked
in their report that they felt that once a scheme of old-age
pensions had become operative, the limit of 65 might be
hard to maintain. It will be obvious that any reduction
of the age limit would bring a largely increased number
of persons on the pension list.
A suggestion was made by the Select Committee on the
Aged Pensioners Bill, 1903, to the effect that if a pension
scheme with an age limit of 65 were not feasible, on account
of the cost of such a scheme, it would be possible at the
outset to raise the limit. Calculations with the object of
ascertaining the number qualified for pensions at later ages
under the proposals of Mr. Chaplin's Committee were made
by the Departmental Committee of 1899, and these calcu-
lations have been revised for the present year. It is
estimated that, at the present time, of the whole number
of 2,116,000 persons aged 65 years and upwards, 1,254,000
are 70 years and upwards, and 635,000 aged 75 years and
upwards. If the age limit were raised from 65 to 70 the
estimated number of possible pensioners would be reduced
by nearly 44 per cent., viz., to 387,000, and if raised to
75 the number would be reduced by about 72 per cent.,
viz., to 190,000.
INCOME TEST,
In the case of income, the estimate was obtained by the
only means practicable for the Committee, i.e., a test census
carried out by means of a house-to-house visitation of certain
districts in England and Wales, and Scotland, selected as
approximately representative of the general population.
The statement of income given by the person visited was
necessarily accepted, though the Committee remarked on
the liability to understatement of income as affecting both
XV
their own estimate and the practical working of any similar
investigation under a pension scheme of the kind con-
sidered. If it may be assumed that some material under-
statement of income occurred in this census, but that facts
as to income could be more correctly ascertained under
a pension schenae in operation, there should be some re-
duction on this account in the estimate of the numbers
pensionable. The facts would obviously be difficult to
ascertain in the case of earnings derived from casual
labour, which would necessarily constitute a large propor-
tion of the work performed by aged persons.
Women, whose numbers amounted to nearly 56 per cent,
of the aggregate number of persons visited in the English
districts selected, were treated as independent persons in
respect of income, but the numbers who were married were
separately tabulated. Out of 3,282 women aged 65 and
upAvards who were found to have incomes of los. a week
or less and not to be in receipt of poor relief, 1,213, or
37 per cent., were returned as married. Many of these
would possibly be wives of men who had incomes of more
than los. a week. In this connection it must be noticed
that the Aged Pensioners Bill, 1903, provided that to qualify
for a pension, in the case of a married couple, the joint
income of a husband and wife must not be in excess of
15s. a week, and there can be little doubt that had the
census taken by the Committee of 1899 been framed on
this basis, the results would have shown a considerably
higher number as disqualified for pensions. The census
of 1901 (England and Wales) showed that out of the whole
number of 1,518,000 persons aged 65 and upwards, 398,686,
or 26 per cent. (199,343 couples, both husband and wife
in each case being over 65 years of age), were returned as
married couples living together. It may be noticed that
under the New Zealand scheme there were, in 1905, 1,035
married couples (2,070 persons) out of an aggregate of
11,138 pensioners 65 years of age and over, or 19 per cent,
of the latter number. The position of women generally
as regards the income test and the pension allowance would
probably deserve separate attention if any scheme of pen-
sions were put in operation.
XVll
It is not clear how far or in what manner the Committee
considered^ under the head of income, benefits distinct from
cash receipts, though in taking their census they en-
deavoured to obtain information on the subject. The value
of a cottage in the free occupation of an applicant, whether
belonging to him or not, should under a pension scheme
imposing a limit of income doubtless be taken into account.
The value of property, as well as income, possessed by
an applicant is required to be considered under the Danish
and New Zealand systems of old-age pensions.
A suggestion was made by the Committee on the Aged
Pensioners Bill, 1903, that if the scheme embodied in that
Bill were not immediately practicable on account of the
cost involved, it would be possible in the first instance to
reduce the amount of weekly income, the possession of which
should disqualify for a pension. The results, as regards
England and Wales, of the test census, undertaken by the
Departmental Committee of 1899, show that a large number
of persons were returned as having incomes verging on the
limit of los. a week, and that, had the income limit been
fixed at 7s. 6d. a week instead of los., the effect would
have been to exclude about 45 per cent, of the aged popu-
lation from the receipt of pensions, instead of y] per cent.,
as estimated by the Committee.
POOR LAW RELIEF TEST.
The Departmental Committee estimated that nearly 26 per
cent, of the population 65 years of age and upwards in the
United Kingdom, and 27 per cent, in England and Wales,
might be taken as having at some time in the previous 20
years received poor relief, other than medical relief. The
estimate was based partly on the results of the test census
above referred to, and partly on returns relating to the
number of persons relieved in the course of a whole year.
No attempt was made to distinguish the number of persons
who might have had relief under exceptional circumstances.
This class was, under the proposals of Mr. Chaplin's Com-
mittee, exempted from the disqualification attaching to the
receipt of poor relief, but the report of that Committee
will
contained no definite suggestions as to the "circumstances"
whicli, for this purpose, might be regarded as "excep-
tional." The Select Committee on the Aged Pensioners
Bill, 1903, recommended that a definition of the expression
should be inserted in the Bill, though they did not state
what it should be. Such a definition might be difficult
to frame ; but it is clear that, if one were put in operation,
It might lead to a distinct increase in the numbers pension-
able.
The suggestion made by the Committee on the Aged
Pensioners Bill, 1903, that persons qualified by age for
the receipt of pensions who were in receipt of Poor Law
relief at the rime of the passing of the Act, but who had
not received any such relief for 20 years before reaching
the age of 65, should be exempted from disqualification,
would also reduce, perhaps considerably, the number of
persons estimated by the Departmental Committee to be
disqualified by the receipt of relief.
THRIFT TEST.
The estimate of the number of aged persons who would
fail to satisfy the pension authority that they had exercised
thrift was also entirely hypothetical. The Departmental
Committee considered that "when all persons who have been
or are, partly or wholly, constantly or casually dependent
on the rates, are rejected as ineligible for pensions, very
nearly full account will have been taken of those who would
fail " in one way or another to secure this qualification.
In regard to these estimates, generally, it is obvious that,
under a scheme involving elaborate investigation into the
character and past history of applicants, any calculation
of the number of persons who might at the outset have to
be provided for would be liable to be gravely affected by
the degree of accuracy in its inquiries that the pension
authority was able to secure.
MX
ESTIMATES OF COST OF SCHEMES.
In estimating the cost of schemes for the provision of old-
age pensions regard must be had not only to the immediate
cost, but also to the expenditure which will probably be
involved at a more remote date, subsequent to the inception
of the scheme.
UNIVERSAL OLD-AGE PENSIONS.
The total number of persons aged 65 and upwards in
1907 being estimated at 2,116,000, the cost of granting a
pension of 5s. a week to all persons of this age without
distinction, would, at the outset, amount for the United
Kingdom to ^£27, 508,000, apart from the cost of adminis-
tration. This amount would be equivalent to a poll-tax of
about I2S. 6d. per head on the total estimated population
(1907) of the United Kingdom. The cost of pensions
granted universally to persons of 70 years and upwards
would amount to £16,302,000, the estimated numbers at
that age being 1,254,000.
The cost at a later date, after the scheme had become
operative, would be affected only by the natural growth of
the aged section of the population, and in 1921 might be
estimated at _£3o,632,ooo for all persons 65 years of age and
upwards.
SCHEME OF MR. CHAPLIN'S COMMITTEE.
The immediate cost of the scheme framed by Mr-
Chaplin's Committee of 1899, on the estimates arrived at
by the Departmental Committee of the same year, would
be for 1907, assuming the age limit to be 65 years,
;^8,o29,ooo for England and Wales, and ;i^ 10,780,000 for the
United Kingdom. Raising the age limit to 70 years, the
cost works out at £4,444,000 for England and Wales, and
£6,119,000 for the United Kingdom. If the limit were
fixed at 75 years the cost would be about £2,223,000 for
England and Wales, and £3,033,000 for the United
Kingdom.
h 2
XX
AMOUNT PAYABLE IN PENSIONS.
The estimates in the preceding paragraph comprise both
the amount to be given in pensions on the basis of the
numbers assumed to be pensionable and the cost of ad-
ministration, which, in the case of the scheme applicable
to persons 65 and upwards, is taken at 3 per cent, on the
amount of the pensions given.
In regard to the amount of actual pensions, which for
1907 is calculated at ;£ 10,466,000 on an age limit of 65
years, the Departmental Committee assumed an average pay-
ment of 6s. a week (;^i5 12s. a year), on the ground that
the pension was to range between 5s. and 7s. a week. This
margin was allowed by Mr. Chaplin's Committee to meet
differences in the cost of living in various localities, and
the pension scale in any given district was to be fixed by
the pension authority. A fixed amount of 5s. a week (£13
a year) has been assumed in a very large proportion of
the schemes and of Bills introduced in Parliament, and has
been recommended by resolutions of trade and friendly
organisations. Had this smaller fixed amount been assumed
in the calculations of the Departmental Committee, the
amount which would, on their estimate of the numbers
pensionable, have to be distributed by way of pensions in
1907 would be for the United Kingdom ^8,924,000. It
should, however, be noticed that the Committee on the Aged
Pensioners Bill, 1903, were disposed to depart from the
fixed scale of pensions, and recommended that it might be
well to intrust the pension authority with a discretion as
to amount, so that the pension awarded may not be so
reduced as to deprive applicants of the fruits of their own
thrift. The Committee did not, however, suggest that the
amount of pension should be proportionate to the needs,
or means, of the applicants.
The aggregate amount to be distributed in pensions
would be slightly reduced if a lower rate of pension were
XXI
accorded to married couples as suggested in the evidence
taken before the Committee on the Aged Pensioners Bill,
1903. The number of husbands and wives, 65 years of age
or upwards, residing together, as ascertained for England
and Wales in 1901, formed 26 per cent, of the total popu-
lation of 65 and over ; and if the same percentage be
assumed to apply to the whole number of persons estimated
to be qualified for pensions in 1907 (viz., 686,000), and a
reduced allowance of 9s. a week instead of 12s. be assumed
for each married couple, the aggregate amount to be dis-
tributed in pensions in 1907 to persons 65 years and upwards
would be reduced by over ;^695,ooo.
The amount to be given in pensions would again be
reduced by the extent to w-hich the number of persons having
incomes above the income limit w^ere found in practice to
be actually higher than the estimate formed by the Depart-
mental Committee. The estimated cost, however, was cal-
culated so as not to give an unduly magnified idea of the
cost of the scheme.
The above estimates relate only to tue immediate cost
of a pension scheme. Any estimate of the cost of this
scheme some years after its introduction must be quite
hypothetical. The Departmental Committee, in their esti-
mate, went on the view that a progressive decrease in the
number receiving Poor Law relief would be the only factor
— beside the normal increase of the aged population — that
need be taken into account as tending to increase the
number pensionable, and the gross amount of the pensions,
and on this supposition the total cost in 192 1 would amount
to ;^i4,878,ooo, on a scheme inaugurated in 1907 at a cost
of £10,780,000.
SOURCES FROM WHICH COST SHOULD BE DEFRAYED.
As to the sources from which the cost of any pension
scheme should be defrayed, it may be pointed out that sub-
XXll
vention by the State is assumed in all the schemes con-
sidered. Mr. Chaplin's Committee proposed an Imperial
grant, to be distributed among the several Poor Law unions,
the amount of which was not to exceed one-half of the
estimated cost of pensions. But the grant was to be dis-
tributed on the basis of population; so that the burden
on the rates in the case of any given union would bear
no necessary relation to the cost of pensions in that case.
Both the scheme to which least objection was taken by
Lord Rothschild's Committee, and the scheme embodied in
the Aged Pensioners Bill, 1903, contemplated that about
half the cost of each pension should fall on the local rates.
In connection with the arrangements for a grant from
Imperial sources, it would be necessary to bear in mind
the observation of the Committee on the Aged Pensioners
Bill, 1903, to the effect that any "temptation to relieve the
rates by the grant of pensions instead of Poor Law relief
might lead to grave abuses." The extent of any induce-
ment offered to the pension authority to exercise care in
the grant of pensions would be a matter of importance, and
might seriously affect the general cost of the scheme.
The probable incidence of the charge upon rates as
between urban and rural areas under a scheme of old-age
pensions deserves attention. Taking a scheme of old-age
pensions based on proposals under which 30.9 per cent.. of the
population aged 65 years and upwards in England and Wales
would be pensionable, and assuming one-half the cost of
the pensions to be met by a grant from Imperial sources,
the following table shows approximately the comparative
incidence on the rates in urban and rural areas in England
and Wales of the half cost assumed to be directly charged
to rates. The cost of administration is not included, nor
does the table deal with the ultimate effect on rates, of
XXI !1
any possible distribution of an Imperial grant on the basis
of population : —
Numbers of
65 years an
in I
persons aged
d upwards
907.
Estimated cost of
pensions.
Rate in
the jC,
of
amount
in
column
5, on
(0
Estimated
total
numbers.
(2)
Numbers
assumed
to be pen-
sionable.
(3)
Amount,
t
(4
One-half to
be borne by
local rates.
(5)
aggre-
gate
assess-
able
values
(1906)
(6)
London and
p r o V i n c i :i I
boroughs and
other urban
districts.
Rural districts -
1,083,000
533.000
335.000
165,000
500,000
5,650,000
2,145,000
£
2,825,000
1,072,000
d.
4-5
5'9
Total
1,616,000
7,795,000
3,897,000 4-8
* Based on the assumption that the proportions of the total population aged 65 years
and upwards living in urban and rural districts are the same in 1907 as in 1901, viz.,
67 per cent, and 33 per cent, respectivelj-.
t Calculated on a pension of 5s. per week for rural districts (Cp. par. 95, Cd.
Paper 67, 1900), the amount shown for urban districts being the difference between
the amount for rural districts calculated on this basis and the total sum of ;^7, 795,000
estimated to be the total cost for England and Wales.
POOR LAW EXPENDITURE: POSSIBILITIES OF
REDUCTION UNDER A SYSTEM OF OLD-AGE
PENSIONS.
Some reduction in the expenditure on Poor Law relief
ha'-- usually been assumed, whether as an immediate, or a
more remote, result of schemes of old-age pensions.
INDOOR RELIEF.
There appears to be a general agreement in the reports
of the various Committees, who have considered the ques-
tion of old-age pensions, that the cost of indoor relief would
XXIV
be practically unaffected by the operation of a pension
scheme. The Royal Commission on the Aged Poor observed
that "except in crowded urban areas the great majority of
aged poor in receipt of relief are given outdoor relief, while
those receiving indoor relief are usually persons for whom
it is necessary for substantial reasons." Mr, Chaplin's
Committee reported that "■ the evidence is clear that the
majority of the inmates of the House are in that position
because of sickness or infirmity, which obliges them to
accept the shelter of such an institution." From a return
obtained as to aged paupers in England and Wales on the
I St September, 1903, it appeared that out of nearly 96,000
inmates of workhouse institutions over 60 years of age, about
61 per cent, were, in the opinion of the medical officers,
unable, owing to physical or mental infirmity, to satis-
factorily take care of themselves. Finally, inquiries insti-
tuted for the Committee on the Aged Pensioners Bill, 1903,
in 21 Poor Law unions in England and Wales showed that
(apart from those who, in the opinion of the workhouse
medical officers, could not satisfactorily take care of them
selves) only 14 per cent, of the total number of inmates
over 65 years of age could live on a pension outside the
workhouse with relatives having suitable accommodation for
them, and only 10 per cent, were willing to do so. This
Committee reported that " the reduction on Poor Faw ex-
penditure will be considerably less than has often been repre-
sented, inasmuch as the proportion of the aged poor who
are now, or may in future be, in the workhouses, who could
with advantage to themselves live outside with the aid of
a pension will probably be found to be very small."
If of the present number of inmates aged 65 years and
upwards of workhouse institutions in England and Whales
(about 76,000) 10 per cent., or about 7,600, were assumed
to leave the workhouse on satisfactory terms, the result
would be that the workhouse population per union would
be reduced on an average by only 12 persons, or there-
abouts, the total average number per union of indoor
paupers (all ages) in workhouses and workhouse infirmaries
at the present time being about 359. The withdrawal of
this small number of persons would leave the expenditure
XXV
on indoor relief, except in respect of actual food and
clothing, practically unaffected.
It may be noticed also that the proposals of Mr. Chaplin's
Committee which, according to their report, "must neces-
sarily include substantial amendments in the Poor Law,"
comprised suggestions for the provision of separate cottages
in connection with the workhouse for the aged poor, and
it will be obvious that the provision of special accommo-
dation of this character would tend to increase the total
expenditure on indoor relief.
OUTDOOR RELIEF.
It may be assumed, therefore, that the only appreciable
saving in Poor Law expenditure would be in that portion
which relates to outdoor relief. Out of an aggregate ex-
penditure for England and Wales on poor relief for the
year 1904-5 amounting to about ;^i3,852,ooo, ^^3, 265, 000
represented the value of the outdoor relief distributed, and
^^532,000 the salaries of officers and minor incidental ex-
penses connected with the administration of outdoor relief.
If the average amount of out-relief given to aged persons
in England and Wales may be taken to be about 3s. a week
(as mentioned in the report of the Departmental Com-
mittee of 1 899-1900), and if the same average number of
outdoor paupers aged 65 years and upwards be assumed
to have been in receipt of relief in England and Wales in
the year 1904-5 as were shown by the return of aged persons
in receipt of relief on the ist September, 1903, it would
appear that in 1904-5 about ;£i,630,ooo, or 50 per cent, of
the total out-relief, was distributed to poor persons aged
65 years and upwards.
The total amount distributed in out-relief in the United
Kingdom in 1904-5 was about ;£4,o 14,000, but there is no
means of stating precisely the proportion of this amount
which was distributed to aged poor. The Departmental
Committee of 1899 computed that about ;^i,858,ooo repre-
sented the annual cost of outdoor relief to paupers 65 years
of age and over in the United Kingdom,
XXVI
The proposals of yir. Chaplin's Committee, with the
modification suggested by the Committee on the Aged
Pensioners Bill, 1903, would have excluded from pensions
all who were in receipt of outdoor relief, other than merely
medical relief, at the time of the passing of the Act, except
those who had not received relief between the ages of 45
and 65. Under this scheme probably there would be little
or no immediate saving in the Poor Law expenditure. Any
reduction of outdoor relief after the passing of the Act
would be effected only by the inducement offered under the
scheme to poor persons to avoid Poor Law relief in the 20
years prior to their reaching 65 years of age, and by the
diversion of existing charities with the object of assisting
persons to this end. A similar process is stated to have
occurred in Denmark under the pension system there in
operation. The Departmental Committee of 1899 estimated
that the number of persons who would become qualified for
pensions in place of receiving outdoor relief would, by 191 1,
be a number equivalent to one-third of the computed
numbers of aged outdoor paupers in 1899 {i.e., about 85,000
persons), and by the year 1921 a number equivalent to two-
thirds {i.e., 171,000 persons), and that thus a reduction in
the cost of out-relief would be effected, amounting for the
United Kingdom to ^619,000 in 191 1, and ;^i,239,ooo in
1 92 1. Their data, however, were admitted by them to be
purely hypothetical.
Under schemes of a wider scope than that proposed by
Mr. Chaplin's Committee, and embodied in several Bills
that have been submitted to Parliament — see, for instance,
the Old-Age Pensions Bill, 1903 — no disqualification has
been attached to the receipt of Poor Law relief. The saving
in regard to expenditure on out-relief as such would, of
course, under such schemes, be immediate and more con-
siderable than that estimated above. Thus, taking the cost
of relief given to aged outdoor poor in the United Kingdom
to be about ;i/!^ 1,858, 000, as computed by the Departmental
Committee of 1899-1900, it might be assumed that this
amount would, under such a scheme, be saved so far as
Poor Law expenditure was concerned. The saving in the
cost of relief effected under a scheme of this character would
XXVll
not, of course, become progressively greater by process of
time, and the immediate cost of the pensions granted would
be greater than the saving in relief effected.
In regard to any possible saving in the cost of outdoor
relief caused by a scheme of old-age pensions, it must be
observed that some part of the cost of this relief consists
of medical relief, which is more particularly necessary in
the case of the aged, and it is unlikely that the cost to the
Poor Law of medical relief would be diminished. Under
the proposals of Mr. Chaplin's Committee, and those ap-
proved by the Committee on the Aged Pensioners Bill, 1903,
Poor Law medical relief might continue to be given without
involving any discjualification for a pension.
Finally, in any saving of Poor Law expenditure, urban
and rural unions would be somewhat differently affected.
The number of paupers 65 years of age and upv/ards, in
proportion to the total population of the same age, varies
greatly in different parts of the country, and the number
is usually higher in rural than in urban areas. Thus, in
50 urban unions in England the number of paupers of this
age on ist September, 1903, who were in receipt of relief
was 18 per cent, of the total population of the same age,
while in 50 rural unions the proportion for the same class
was 21 per cent. Assuming the same proportion of aged
paupers to become pensionable in urban as in rural districts
(either at the outset, or at a more remote date, according
to the provisions of the scheme adopted), any saving, so
far as Poor Law expenditure is concerned, might be ex-
pected to be greater in the case of agricultural districts
than in that of towns ; though, against this, as already
pointed out, there might be a heavier charge for pensions
in rural districts.
The foregoing particulars are mostly taken from the
Parliamentary Paper No. 3618 (1907), and there is much
additional information in that Paper in the form of tables
which may usefully be consulted. In particular, there are
the tables relating to a test census in regard to the incomes
of persons 65 years of age and upwards, which was insti-
xxvm
tuted by the Departmental Committee on the Aged De-
serving Poor in 1899.
The Old-Age Pensions Regulations were signed on the
same date, namely, the 20th August, 1908, by the Lords
Commissioners of His Majesty's Treasury and by the Post-
master-General, and they were sealed by the Local Govern-
ment Boards of England, Scotland, and Ireland also on that
date. They are, therefore, now in force throughout the
whole of the United Kingdom.
In conclusion, it may be well to point out the effect of
the Financial Instructions for Pension Committees and Sub-
Committees contained in the Treasurj^ Minute of 20th
August, 1908. Clerks to committees will be paid by fees,
which are to be fixed by the pension committee, and are
to be inclusive of out-of-pocket expenses. The fees are of
two kinds — (i) those for general incidental expenses, in-
cluding office accommodation, and (2) for claims and ques-
tions dealt with by the committees. Clerks will use official
forms which will be supplied free of charge, and
will be entitled to free transmission through the
post for the greater part of their correspondence.
The fees payable to clerks for incidental expenses
are intended to cover stationery, postages, and inci-
dental expenses generally. It is well to bear in mind
that although during the month of September there will
be much preliminary w^ork in organising committees and
sub-committees, and in making preparations for the con-
sideration of claims, no fee will be payable in respect of
any period prior to the ist October. Committees must
transmit to the Treasury, through the clerk of the appointing
council, complete schedules of the fees approved for each
clerk, and whenever any alteration is made in a schedule
of fees the whole schedule, as altered, and not merely the
particular alteration, must be sent to the Treasury. No
travelling expenses of any kind will be chargeable by
members of committees, and no expenses will be allowed
to any claimant for attending before a committee, or for
supplying any information to a committee, or otherwise.
It should be noted that the Treasurv will not consider any
XXIX
correspondence except through the clerk of the appointing
council. It is probable that some expenses will be incurred
by committees which will require the special sanction of
the Treasury. In such cases the application for sanction
on the part of the committee must be made to the Treasury
by the clerk of the appointing council, who must himself
recommend what he thinks should be done in the matter.
The clerks to the appointing councils are required to submit
the claims for reimbursement of the expenses, or for sanc-
tion to expenditure out of moneys advanced by the Treasury,
of the pension committees and sub-committees in their areas
within one month after the end of each quarter.
It will thus be seen that clerks to appointing councils
will have many duties imposed upon them by the new Act,
for which they will not in any way be remunerated out of
public moneys.
The Act and the Regulations apply alike to the whole
of the United Kingdom, and the modifications necessary
in the cases of Scotland and Ireland are set out in section 1 1
of the Act and No. 3 of the Regulations. The Circulars
issued by the Local Government Boards of Scotland and
Ireland are set out in Appendix A.
As there will probably be cases of claimants to pensions
whose residence has been partly in Scotland or Ireland,
as well as England, and as no provision is made for referring
claims in such cases to the Local Government Board of
either of the kingdoms other than that in which the claimant
makes his claim, it would seem that any investigations as
to a claimant's life in the other kingdoms must be made
by the pension officer.
A list of the local authorities who will have to appoint
pension committees has been added in Appendix C.
Wm. a. Casson.
I, Essex Court, Temple,
25th August, 1908.
XXX
ORDER OF PROCEEDINGS.
.Ml claims are in the first instance to be sent to the pension
officers to be investigated by them.
On receipt of any claim from a pension officer, together
with his report thereon, the clerk to the local pension
committee or sub-committee must arrange for a meeting
of such committee within seven days. (R. ii (i).)
Not less than three days before the meeting- -notice of
the time and place of meeting, giving the nanies of the
claimants whose claims are to be considered,,must be
sent to the pension officer, (R. 12, Form 3,) -■
Where pension officer has reported that claim may be
allowed, and the committee agree with the report, they
must forthwith allow the claim, and send notice to the
pension officer and the claimant. (R. 13 )
Where they adjourn the investigation of a claim they must
do so to an adjourned meeting to be held not more than
one month after the date of the original meeting, and
notice must be sent to the claimant. (R. 14 (3), Form 6.)
Committee must give final decision on adjourned claim, and
. send notice to pension officer and claimant. (R. 14 (4),
Forms 4 and 5.)
Within seven days after decision of committee, or of notice
of decision, pension officer or any person aggrieved may
appeal to Local Government Board. (R. 18 (i ), Form 9.)
Appellant must send appeal to Local Government Bo3rd and
notice to committee (Form 10), and committee must send
the claim and documents to Local Government Board.
(R. 18 (2).)
After decision of committee, or, m the event of an appeal,
of the Local Government Board has been given, such
decision becomes final and conclusive on the expiration
of seven days. The clerk to the committee must enter
record of the case in the register, and send all documents
relating thereto in his possession to the pension officer.
OLD-AGE PENSIONS ACT, 1908.
8 Edw. VII. c. 40.
An Act to provide for Old-Age Pensions.
[1st Aug-ust, 1908.]
Be it enacted by the King's most Excellent Majesty,
by and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same as follows : —
Right to Receive Old-Age Pension.
I. — ([) Every person in whose case the conditions laid
down by this Act for the receipt of an old-age pension
(in this Act referred to as statutory conditions) are ful-
fil led, shall be entitled to receive such a pension under
this Act so long as those conditions continue to be ful-
filled, and so long as he is not disqualified under this Act
for the receipt of the pension.
(2) An old-age pension under this Act shall be at the
rate set forth in the schedule to this Act.
(3) The sums required for the payment of old-age
pensions under this Act shall be paid out of moneys pro-
vided by Parliament.
(4) The receipt of an old-age [tension under this Act
shall not deprive the pensioner of any franchise, right, or
privilege, or subject him to any disability.
Note to section 1.
Tlie effect of tliis section is to give an inalienabie right tu a
pension to every person ^^ho can comply with the statutory con-
ditions set out in section 2, and uidess the pensioner becomes
disqualified under section 3, such pension will be payable until
death. The intention of the Government, as explained in Parlia-
ment, was that such pensions should continue to be payable to
all persons who receive them under this Act, even though Parlia-
ment should in the future decide to abandon the scheme in con-
sequence of the great cost, or for any other reason. It was made
clear in the debates on the Committee Stage of the Bill that whilst
the scheme was an experimental one in regard to its conditions,
(|ualifications, and disqualifications, the part which established the
right of men over 70 to a pension under certain conditions which
might be altered from time to time was not experimental. (Par-
liamentary Debates, Vol. CXC, column 1544.)
The last subsection is intended to preserve the rights of every
pensioner as a citizen, and to prevent his being disqualified or
subjected to any disability by the receipt of a pension. In this
respect the old-age pension differs from the receipt of alms and
Poor Law relief. In the cases of Dix v. Kent and Edwards v.
Lloyd (Fox's Registration Cases) it was decided that where a person
was in a state of poverty, and lacked that independence >hat was
desirable in a voter, the receipt of alms in an almshouse
operated as a disqualification for the franchise. This was a
common law disqualification, grounded on the principle that the
electors ought not to be dependent either on the bounty of the
community or of private persons for the necessaries either for them-
selves or those dependent on them. This rule was extended by
statute to parochial relief by the Reform Act, 1832, and the Repre-
sentation of the People Act, 1867. These provisions, as amended
by section 7 of the Parliamentary, Municipal, and Registration
Act, 1878, have been rendered applicable to all Parliamentary
and local government elections by subsequent legislation, and
their effect is that no person is entitled to be registered as a voter
who shall, within a year previous to the 15th July in any year,
have received parochial relief or other alms which by the law of
Parliament operates as a disqualification. The enactment in sub-
section (4) of the present section excludes old-age pensions from
the effect of these disqualifying enactments.
Statutory Conditions for Receipt of Old-Age
Pension.
2. The statutory conditions for the receipt of an old-age
pension by any person are —
(i) The person must have attained the age of seventy : '
(2) The person must satisfy the pension authorities that
for at least twenty years up to the date of the
receipt of any sum on account of a pension he
has been a British subject, and has had his
residence, as dehned by regulations under this
Act, in the United Kingdom :
(3) The person must satisfy the pension authorities (hat
his yearly means as calculated under this Act do
not exceed thirty-one pounds ten shillings.
Note to section 2.
The statutory conditions laid down in this section gave rise to
much discussion in Parliament, and they will have to be read
in conjunction with the regulations to be made under section lo,
as much will depend on the proof that is to be exacted of com-
pliance with the requirements of the section.
When the claim has been made and signed and delivered to the
postmaster, the procedure for deciding and adjudicating upon the
claim will begin. The three main points to be determined are : —
(i) Whether the claimant satisfies the statutory conditions.
(2) Whether he is subject to any of the disqualifications.
(3) Assuming that his yearly means as calculated under the
Act exceed £21 and are less than ^31 los., at what figure
they are to be taken to stand.
In the case of claimants who are not subject to any of the dis-
qualifications the conditions are as follows: — The applicant must
have attained the age of 70, he must have been a British subject
for at least 20 years and have had his residence in the United
Kingdom, and his yearly means must not exceed ^31 los.
The age of the applicant will have to be proved in the best
manner possible.
It will rest with the claimant in the first place to produce evidence
of age, and he will have to do this at his own expense. The cost
of a certificate of birth in England is 3s. yd., and many applicants
may be unable to bear this. In any such case the claimant may
give the exact date and place of birth, and the pension officer will
himself endeavour to verify it by application to the Registrar-
General. Such applications can only be made in respect of births
in England and Wales which may have been registered as having
occurred on or after ist July, 1837, as that is the earliest date on
which births were registered in England and Wales. No births
that occurred prior to the ist July, 1837, w^ere registered on that
date, and no certificates of such births can therefore be obtained.
There is no provision such as there is in the Education
Acts, under which birth certificates can be obtained at reduced fees.
Pension officers and pension committees are not empowered to make
any payment to clergymen or parish clerks or others for information
supplied as to the birth or baptism of claimants, and where applica-
tions from pension officers for information are met with demands for
fees no such fees can be paid. It would seem that if the pension com-
mittee judge from the appearance of an aged applicant that he is
not less than 70 years of age they would be justified in allowing
the claim.
In Scotland, where for some time to come certificates of birth
of persons 70 years of age or over will not be available, the Old
Parochial Registers of births and baptisms in the custody of the
Registrar-General in Edinburgh may be searched for information
where necessary. In Ireland, where also certificates of birth will
not be available, the Baptismal Registers will probably afford the
necessary evidence of age, and claimants should have no difficulty
in obtaining certificates if proper application is made. Relieving
officers, rate collectors, and clerks of unions in Ireland may also
be in a position to give assistance on cjuestions of age and means,
and available census records may be made use of.
According to the instructions in the Second Schedule to the
Regulations, in determining the age of any person, "regard may
be had to any of the following documents, viz. : —
"Certificate of birth;
" Certificate of baptism ;
" Certificate of service in any of the forces of the Crown ;
"Certificate of membership of any friendly or provident society
or trade imion ;
" Certificate of marriage ;
"Any other evidence which appears sufficient for the purpose."
The applicant must prove that for at least 20 years up to the
receipt of a pension he has been a British subject, and he will
do this by producing the best evidence he can of his nationality.
He will answer the question No. 8 in the Claim Form No. i in
the affirmative, and supply the pension officer with such informa-
tion as he can on the point by making a declaration, in order to
satisfy that officer that the claimant is entitled to a pension. In
the instructions to pension officers as regards the investigation of
claims it is stated that —
"Where it appears that any person was born in the British
dominions and has not resided out of the British dominions during
the preceding twenty years, he may unless there is reason to suspect
the contrary, be taken as being a British subject.
"If it appears that any person was not born in the British
dominions^ he may prove that he is a British subject either by
producing a naturalisation certificate and showing that he is the
person referred to in the certificate or by showing that he was born
of a father who was a British subject.
"If a person who alleges that he was naturalised is unable to
produce a naturalisation certificate, inquiry may be made of the
Home Office as to whether the person is on the Register of
Naturalised Aliens.
" If any person alleges that he was born out of the British
dominions of a British father he should be required, if possible,
to show whether his father and his grandfather were bom in the
British dominions or not."
The question of residence gave rise to some discussion in Par-
liament, and an amendment was moved to alter the section so as
to require that a person in receipt of an old-age pension should
remain in the United Kingdom. The Chancellor of the Exchequer
explained that the intention of the Government was that the pen-
sioner should receive his pension only so long as he resided in the
country, but if he went for a few weeks' fishing at the Dogger
Bank, or to the South of France for a few months, he would still
be a resident here according to the legal meaning of "resident."
This is made clear by the Regulations, rule 2g of which defines
"residence" for the purposes of the Act as meaning actual presence
in the United Kingdom uninterrupted otherwise than by temporary
absences.
"A person (being a claimant) shall be deemed to have been
temporarily absent —
"(i.) If before the absence he was living in the United
Kingdom and throughout the absence he was employed in the
service of the Crown as a soldier, sailor, or otherwise, or was
in the service of any one so employed : Provided that for the
purposes of this provision a person shall not be deemed to be
in the service of the Crown unless his remuneration is paid
out of moneys provided by the Parliament of the United
Kingdom ; or
"(ii.) If before the absence he was living in the United
Kingdom and throughout the absence he was serving on board
a vessel registered in the United Kingdom ; or
"(iii.) If throughout the absence his home was in the United
Kingdom : Provided that a person shall not be deemed for
the purposes of this provision to have had his home in the
United Kingdom during any absences (other than absences to
which paragraphs (i.) and (ii.) of this Regulation apply) which
occurred wholly or partly within the period of twenty years
prescribed by subsection (2) of section 2 of the Act, if the
aggregate of those absences since the beginning of the earliest
of them exceeds eight years :
"A person (being a pensioner) shall be deemed to have been
temporarily absent if he is absent for any period not exceeding
three months at any one time."
For the purposes of the Regulations, it must be imderstood that
residence in the Channel Islands or the Isle of Man is to be con-
sidered as absence from the United Kingdom.
A pension will lapse if the pensioner is absent from the United
Kingdom for anv longer period than three months, and if he desir^
to receive a pension on his return he must make a fresh claim.
It is provided by the instructions in the Second Schedule to the
Regulations that "for the purpose of determining whether a person
has been resident in the United Kingdom, he must be required
to give, if {)Ossible, a reference to two persons who have known
him, and to state what his employment, if any, has been, during
the last twenty years."
C 2
The calculation of means will have to be effected by the pension
officer in the manner prescribed by rule lo of the Regulations, and
in accordance with the conditions prescribed in section 4 of the
Act. Under that section the income which the applicant may
reasonably be expected to receive during the succeeding year from
1st January to 31st December must not exceed ;^3i los., exclusive
of any sum receivable on account of an old-age pension. If an
applicant has any property, its yearly value must be taken account
of under subsections (b) and (c) of section 4, whether he makes
a profitable use of it or invests it or not. If, therefore, an appli-
cant has a cottage in which he lives, or has some land which is
capable of being used beneficially and is not so used or let, or if
he has any money hoarded, the yearly income which it would pro-
duce if used or invested would have to be taken account of.
Hoarding money is not a practice which is as common in this
country as in some others, for instance, as in France, but it is well
to bear in mind that if an applicant has a sum of money hoarded
and hidden away so that it does not produce any interest he would
have to disclose the fact, as otherwise he would be liable to penalties
under section 9 of the Act for making false statements should the
effect of his non-disclosure be to secure to him a pension at a higher
rate than he was otherwise entitled to.
It will rest with the pension officer to inquire into the means of
all claimants, and if he finds that a person has a cottage of valuable
old furniture, or is hoarding up some treasures that have been in
his family for many years, such as old china, old pictures, old books,
war medals, &c., he will have to take the value of these into
account. Furniture up to ^1^30 in value will not be taken into
account.
Under Regulation, 15 it rests with the committee to fix the
weekly rate of pension to which the pensioner is entitled, and
under Regulation 16 any claim may be made and provisionally
allowed at any time not exceeding four months before the date
on which the claimant will become entitled to receive his pension.
Under section 5 of the Act every pension is to be paid weekly in
advance, and to commence to accrue in the case of a claim pro-
visionally allowed on the first Friday after the day on which the
claimant becomes entitled to receive the pension, that is, the first
Fridav after the person shall have attained the age of 70. It there-
fore follows that as a person attains the age of 70 on the completion
of the day preceding his 70th birthday, and as the pension is to be
jtaid weekly in advance, he would be entitled to receive his book
of pension orders under Regulation 32, and to claim the first pay-
ment in respect of his pension not later than the Friday following
his 70th birthday. But if that birthday falls on a Friday he will
not be entitled to receive his first payment until the following
Frid;iy. (See section 5 (2).)
The svstem by which claims are to be provisionally allowed
permits of the investigation of claims of persons who have not
actually attained the age of 70, so that such claims may be allowed
in time to become operative immediately after that age has been
reached. This provision in Regulation 16 is made in pursuance
of the statutory direction in section 10 (2) of the Act.
Generally speaking, on the whole of the requirements it may be
said that the greatest responsibility will rest on the pension officer
for the investigation of claims, and he will be free to make such
inquiries as he considers necessary to enable him to certify that
any claim should be allowed, or otherwise. He will be in a position
to put any question that he thinks proper and necessary to a
claimant, and it is provided by instruction (5) in the Second Schedule
to the Act that "In any case in which the pension officer thinks
it desirable so to do, he may reduce to writing any question which
he desires to put to any person and the answer given by that
person to the question, and may require that person to sign the
answer, or may require any person to fill up and sign any form."
It is further provided by instruction (6) that "the pension officer
shall in every case take all reasonable steps to obtain the best
evndence and information which it is reasonably possible to obtain,
and make all such inquiries as appear to him necessary having
regard to the circumstances of the case."
Note to section 2 (2).
In view of the difficulties that are likely to arise in determining
whether a person is a British subject or not, it may be well to
draw attention to the rules which govern the status of nationality.
By the common law, which has always followed the feudal prin-
ciple that the child belongs to the land in which it is born, every
child born within the British dominions, whether of English or
alien parents, is a British subject, but by Statutes 7 Anne, c. 5,
and 4 Geo. II., c. 21, all the children born of British subjects
out of the kingdom were declared to be British subjects. This
privilege was further extended by the Statute 13 Geo. III., c. 21,
to the grandchildren of every natural born male British subject,
provided that the father of such children was himself entitled to
all the rights and privileges of a natural born subject, though not
himself being one. These rules apply to legitimate children only,
and the illegitimate issue born of English women abroad will take
the nationality of their place of birth. By the same rule illegitimate
children born of foreign mothers in England are British subjects,
as also are foundlings.
By the accession of Queen Victoria to the Throne of England,
in 1837, the Kingdom of Hanover passed away from the British
Crown, and there may be still living persons whose fathers were
Hanoverians and subjects of King William IV. Such persons
would not be British subjects themselves unless born within the
British dominions, and even if they complied with the condition
as to 20 years' residence they would not be entitled to receive
pensions. In the case of the Stepney Election Petition, Isaacson
8
(petitioner), Durant (respondent), L. R. 17 Q. B. D. 54, persons
born in the Kingdom of Hanover before the accession of Queen
Victoria, and not naturalised in the United Kingdom, and persons
born in the Kingdom of Hanover after the accession of Queen
Victoria of parents born in Hanover before that date were held to
be aliens. The rules of the common law and statute law stated
above apply to all persons born within any jiart of the British
dominions, so that persons born in the Colonies, or the children
of Colonial subjects, whether natural born or naturalised, would
be British subjects if born in any foreign country. Persons born
on the high seas in British ships are British subjects. There may
be cases in which natural born British subjects have in their early
life resided in some foreign country and become naturalised there.
By section 6 of the Naturalisation Act, 1S70, any British subject
who becomes naturalised in a foreign State ceases to be a British
subject, and becomes an alien. If such a person had returned to
England, and even if he had resided there for 20 years, he would
not be entitled to a pension because he would not have been a
British subject.
There is an exception in section 6 of the Naturalisation Act,
1870, in favour of persons who had, prior to the passing of that
Act, become naturalised in any foreign Stnte retaining their British
nationality by making a declaration. This declaration must have
been made before 12th May, 1872. Any person, therefore, who
had become a naturalised subject of a foreign State, but who
made such a declaration, would be a British subject. A person
who had become naturalised as an alien may be re-admitted to
British nationality on obtaining from one of the principal Secretaries
of State, or from the Governor of anv British possession, a certi-
ficate of re-admission to British nationality, re-adniitting him to
the status of a British subject. There is no reference to this class
of naturalised British subject in the Instructions to Pension
Officers in the Second Schedule to the Regulations, and it would
appear that where a claim to British nationality is made on this
ground a copy of the certificate would have to be obtained through
the Colonial Ofhce from the Governor of the British possession,
unless it has been deposited in the United Kingdom in pursuance
of regulations made under section 11 of the Act. The case of
women is specially dealt with in section 10 of the Naturalisation
Act, 1870. Provision is there made for widows, who, being natural
born British subjects, had become aliens by or in conse;]uence of
marriage, obtaining certificates of re-admission to British nationality.
It should be borne in mind that persons who have not been born
within the British dominions, but who have beconie naturalised
as British subjects under the laws of any British colony, cannot
be regarded as British subjects unless they have become naturalised
in the United Kingdom under English law. Such persons, there-
fore, would not be entitled to pensions.
Note to section 2 (8).
In the Bill as originally introduced into Parliament it was pro-
posed to give a pension of 5s. a week to all persons whose incomes
entitled them to it, and this sum was to be reduced to 3s. gd. in
the case of married couples living together. During the Committee
stage of the Bill in the House of Commons a strong feeling was
exhibited in favour of a sliding scale, and in deference to these
views the Chancellor of the Exchequer stated the willingness of
the Government to adopt such a scale. He said that "his own
opinion was strongly in favour of a sliding scale. He was, at the
same time, fully alive to the objections to a sliding scale. There
was the objection that it would interfere with simplicity of adminis-
tration. It would add a good deal of perplexity in that regard,
and it would add something in the way of cost ; but he did not
think those considerations were sufficiently strong to outweigh the
reasons in favour of a sliding scale. Every scheme of non-con-
tribuforv old-age pension had been a scheme with a sliding scale.
The New Zealand, Victoria, and Queensland schemes, and the new
scheme of the Commonwealth, had all a sliding scale. They were
all so fully alive to the injustice and irritation which might be
caused by a rigid scale that they had come to the conclusion that
the sliding scale was, on the whole, fairer in spite of its cost and
the difficulty in administration."
Disquaiification for Old-Age Pension.
3. — (i) A person shall be disqualified for receiving or
continuing to receive an old-age pension under this Act,
notwithstanding the fulfilment of the statutory condi-
tions : —
(a) While he is in receipt of any poor relief (other than
relief excepted under this provision), and, until
the thirty-first day of December nineteen
hundred and ten unless Parliament otherwise
determines, if he has at any time . since the
first day of January nineteen hundred and eight
received, or hereafter receives, any such relief :
Provided that for the purposes of this pro-
vision —
(i) any medical or surgical assistance (in-
cluding food or comforts) su})plied by or on
the recommendation of a medical officer ; or
10
(ii) any relief given to any person by means
of the maintenance of any dependant of that
person in any lunatic asylum, infirmary, or
hospital, or the payment of any expenses of
the burial of a dependant ; or
(iii) any relief (other than medical or
surgical assistance, or relief herein-before
specifically exempted) which by law is ex-
pressly declared not to be a disqualification
for registration as a parliamentary elector, or
a reason for depriving any person of any
franchise, right, or privilege ;
shall not be considered as poor relief :
(b) If, before he becomes entitled to a pension, he has
habitually failed to work according to his ability,
opportunity, and need, for the maintenance or
benefit of himself and those legally dependent
upon him :
Provided that a person shall not be disquali-
fied under this paragraph if he has continuously
for ten years up to attaining the age of sixty, by
means of payments to friendly, provident, or
other societies, or trade unions, or other ap-
proved steps, made such provision against old
age, sickness, infirmity, or want or loss of
employment as may be recognised as proper pro-
vision for the purpose by regulations under this
Act, and any such provision, when made by the
husband in the case of a married couple living
together, shall as respects any right of the wife
to a pension, be treated as provision made by
the wife as well as by the husband :
(c) While he is detained in any asylum within the
meaning of the Lunacy Act, 1890, or while he
is being maintained in any place as a pauper or
criminal lunatic :
t '
}.
II
(d) During the continuance of any period of disquali-
fication arising or imposed in pursuance of this
section in consequence of conviction for an
offence.
(2) Where a person has been before the passing of this
Act, or is after the passing of this Act, convicted of any
offence, and ordered to be imprisoned without the option
of a fine or to suffer any greater punishment, he shall be
disqualified for receiving or continuing to receive an old-
age pension under this Act while he is detained in prison
in consequence of the order, and for a further period of
ten years after the date on which he is released from
prison.
(3) Where a person of sixty years of age or upwards
having been convicted before any court is liable to have
a detention order made against him under the Inebriates
Act, 1898, and is not necessarily, by virtue of the pro-
visions of this Act, disqualified for receiving or continuing
to receive an old-age pension under this Act, the court
may, if they think fit, order that the person convicted be
so disqualified for such period, not exceeding ten years,
as the court direct.
Note to section 3.
This section deals with the disqualifications for receiving or
continuing to receive old-age pensions, and these disqualifications
are five in number, namely: — (i) The receipt of poor relief; (2)
having habitually failed to w^ork according to the ability, oppor-
tunity, and need of the applicant for the maintenance or benefit
of himself and those legally dependent upon him ; (3) detention
in any lunatic asylum or maintenance as a pauper or criminal
lunatic; (4) having been vi^ithin the last 10 years imprisoned without
the option of a fine, or in penal servitude ; (5) having been dis-
qualified by an order of any court. The claims will be reported
on by the pension officer and considered by the local pension com-
mittee under Regulations 10-16. Any question that may subse-
quently arise as to the continuance of the qualification of a pen-
sioner will be determined under Regulation 17.
12
Note to section 3 (1, a).
As this subsection stood in the Bill as originally introduced into
the House of Commons, its opening words were "while he is in
receipt of any such parochial or other relief as disqualifies for
registration for a Parliamentary elector." These words were omitted
on the motion of the Chancellor of the Exchequer, because it had
been suggested that they might apply to charity or alms, owing
tD the use of the term "relief." The subsection was finally adopted
in the form in which it now stands after a very exhaustive dis-
cussion in the House of Commons. (Parliamentary Debates,
Vol. CXCI., columns 381-435.) This discussion brought out very
strongly the distinction that was being made between those of the
aged poor who had been compelled to obtain poor relief and those
who would receive old-age pensions. It will be remembered that
the circular issued by Mr. Chaplin, as President of the Local
Government Board, on 4th August, 1900, to boards of guardians
stated that "The Board consider that aged deserving persons should
not be urged to enter the workhouse at all, unless there is some
cause which renders such a course necessary, such as infirmity of
mind or body, or absence of house accommodation, or of a suitable
person to care for them, or some similar cause, but that they should
be relieved by having adequate outdoor relief granted to them."
This policy has, no doubt, been largely acted on, and there are,
doubtless, at the present moment large numbers of persons in
receipt of poor relief whose circumstances are indistinguishable
from those who will become entitled to old-age pensions. As the
Bill originally stood the disqualification by receipt of relief was
to continue "until Parliament otherwise determines," but on the
suggestion of the Chancellor of the Exchequer (Parliamentary De-
bates, Vol. CXCI., column 398) these words were withdrawn, and
the words "until the 31st December, 1910, unless Parliament other-
wise determines " were substituted. The Chancellor of the Ex-
chequer said that it would be imperative that the problem should
be dealt with at the earliest possible moment "because the guar-
dians necessarily will in future do their very best to keep men ofi
the poor rate in order to transfer them to the pension fund. Not
only that, but there would be a conspiracy with the poor person
himself and his relatives to get on to the Exchequer Fund, and
gradually the number of outdoor paupers must necessarily diminish
by the automatic operation of this disqualification." The date fixed
for the poor relief disqualification (31st December, 1910) was
specially selected so as to give an opportunity to deal with the
whole question in a comprehensive manner. The Chancellor of
the Exchequer said "we are awaiting the report of the Poor Law
Commission with a view of dealing with it in a thoroughly com-
prehensive fashion, and we have given the best guarantee by saying
that next year we confidently hope to be able to make financial
arrangements to deal with it, and before December, 1910, the whole
operation will have been comj)leted."
13
The words "other than relief excepted under this provision"
and certain consequential amendments were inserted with a view
of making it quite clear that the only relief which should disqualify
was that which was given through the agency of the relieving
officer to a person for the maintenance of himself or any dependant.
With this abject in view, the clause has been framed on the prin-
ciple of specifically excluding certain forms of relief from the dis-
qualification condition. These excluded forms are set out in sub-
paragraphs (i.), (ii.), and (iii.). Taking these in order it would
appear that a person receiving medical or surgical assistance, with
relief in kind, on the recommendation of a medical oflEicer was not
disqualified, but if he received any relief in money he would be
disqualified. It seems, therefore, to be imperative that relieving
officers and Poor Law medical officers should be instructed not
to recommend, and boards of guardians should make it a rule not
to give, any relief in money to a person who is in receipt of or who
is eligible for an old-age pension. Sub-clause (ii.) is intended to
deal with the cases of the lunatic wife and the crippled child main-
tained in an asylum, infirmary, or hospital, and it also permits the
payment by the Poor Law authorities of the expenses of the burial
of a wife or child. By the Poor Law Amendment Act, 1834, s. 56,
it is enacted that all relief given to or on account of the vnfe, or
to or on account of any child or children under the age of 16 shall
be considered as given to the husband, and it therefore follows
that if a person who is otherwise eligible for an old-age pension
permits any child of his under 16 years of age to be in receipt of
poor relief, or is ordered by the justices to maintain a grandchild
that has become chargeable on the poor rate, he would be dis-
qualified for receiving or continuing to receive an old-age pension.
It would seem, however, that if in the case of any young child
an arrangement was made under the Boarding-Out Orders by which
the grandparent became a foster-parent to the child — an arrange-
ment which the Local Government Board have in recent years
assented to — there would be no disqualification, as the amount
paid would not be relief to the foster-j^arent. A possibly curious
result of the application of section 56 of the Act of 1834 (under
which relief to a wife is declared to be relief to her husband) is
tfiat the wife of a man who is in receipt of relief may not herself
be deemed to be in receipt of relief, and mav conceivably be
eligible for a pension on her own account.
If any person who has become a claimant for an old-age pension
has been in receipt of poor relief for however short a time since
1st January, 1908, he is disqualified from receiving a pension, and
he cannot get rid of that disqualification by repaying the amount
or value of such relief to the Poor Law authorities.
Sub-clause (iii.) deals with those cases where Acts of Parliament
have specifically declared that certain forms of assistance given
from the rates shall not operate as a disqualification for registra-
tion as an elector. From some pomts of view this enactment in
14
its present form might be regarded as unnecessary, but it was in-
serted in order to avoid any inference that the exceptions which
had been made in other Acts were not to be regarded as exceptions
under this Act. Such cases are the provision in section 26 of the
Vaccination Act, 1867, to the effect that vaccination should not
be considered to be parochial relief, and the enactment in the
Education (Provision of Meals) Act, 1906, that the provision of any
meal to a child, or the failure of the parent to pay any sum
demanded under the Act in respect of a meal, shall not deprive
the parent of any franchise.
See Regulation 35, under which information is to be supplied
to the pension officer as to persons who are, or have been, in receipt
of poor relief.
Note to section 3 (1, b).
This enactment has been inserted more as a precaution than
for any other reason, and it is doubtful whether any proof short
of a conviction under the Vagrancy Acts would be sufficient
evidence that a man had "habitually failed to work according
to his ability, opportunity, and need." The proviso to this clause
must be read in connection with the Regulations, under rule 30
of which it' is provided that a person shall be regarded as having
made proper provision against old age, sickness, infirmity, or want
or loss of employment, if he has continuously for 10 years up to
attaining the age of 60, by means of payments to friendly, provident,
or other societies or trade unions, or other approved steps, made
provision to secure for himself, free from any deductions or encum-
brances, any of the following advantages : —
"(i) The right to receive during any period of sickness, not less
than seven shillings and sixpence a week during the first
twenty-six weeks (or alternatively not less than fifteen shillings
a week for the first thirteen weeks) of the period, and not
less than two shillings a week for the remainder of the
period :
" (2) The right to receive not less than five shillings a week during
want or loss of employment :
" (3) The right to receive not less than three shillings a week
for life either on becoming permanently incapacitated or
upon the attainment of any specified age not exceeding
seventy :
"(4) The right to receive not less than five shillings a week upon
the attainment of any age not exceeding sixty-five until the
attainment of the age of seventy :
" (5) The right to receive not less than two shillings a week upon
the attainment of any age not exceeding sixty until the attain-
ment of the age of seventy :
15
" (6) The right to receive a capital sum of not less than fifty
pounds upon the attainment of any specified age not exceed-
ing seventy :
" (7) The possession, upon the attainment of the age of sixty, of
accumulated savings, or of property purchased out of accumu-
lated savings, to the value of not less than fifty pounds."
It vvrill be observed that the provision contemplated by the Regu-
lations which the claimant must have made may be of two kinds,
(a) rights to receive money acquired in pursuance of payments to
a society or trade union or other approved steps, and (b) the
possession of accumulated savings or of property. In anv case
where a man has made this provision he will be exempt from
disqualification under section 3 (i) (b), even though he may have
habitually failed to work according to his ability, opportunity, and
need. It would have been well if the Regulations had been ampli-
fied so as to indicate what the "other approved steps" are. As
Regulation 30 is framed it is not made clear that a person would
come within its conditions if he made the necessary provision by
purchasing an annuity or taking out an endowment policy in an
ordinary life in-;urance company or through the Post Office, and it
would seem that provision made in this way would have to be
specially approved by the pension authorities.
Note to section 3 (1, d).
The disqualification referred to under this section is of two kinds,
namely, that arising under subsection (2), which is a statutory dis-
qualification which a person cannot avoid or be released from,
and that imposed by a court under subsection (3). It will be ob-
served that in both cases the disqualification arises after conviction
for an offence. At present no provision is made for the notification
of convictions to the pension authorities by the officers of the courts,
but probably m course of time some arrangements of this kind
will have to be made. It will rest with the pension officer and
with the pension committee to explain the nature of the disqualify-
ing circumstances to claimants, and to rely on the answers to any
questions put to them.
Calculation of Means.
4. — (i) In calculating the means of a person for the
purpose of this Act account shall be taken of —
(a) the income which that person may reasonably expect
to receive during the succeeding year in cash,
i6
excluding any sums receivable on account of an
old-age pension under this Act, that income, in
the absence of other means for ascertaining the
income, being taken to be the income actually
received during the preceding year ;
(b) the yearly value of any advantage accruing to that
person from the use or enjoyment of any pro-
perty belonging to him which is personally used
or enjoyed by him ;
(c) the yearly income which might be expected to be
derived from any property belonging to that
person which, though capable of investment or
profitable use, is not so invested or profitably
used by him ; and
(d) the yearly value of any benefit or privilege enjoyed
by that person.
(2) In calculating the means of a person being one of a
married couple living together in the same house, the
means shall not in any case be taken to be a less amount
than half the total means of the couple.
(3) If it appears that any person has directly or in-
directly deprived himself of any income or property in
order to qualify himself for the receipt of an old-age
pension, or for the receipt of an old-age pension at a
higher rate than that to which he would otherwise be
entitled under this Act, that income or the yearly value of
that property shall, for the purposes of this section, be
taken to be fjart of the means of that person.
Note to section 4>.
The application of this section to the case of each claimant is
likely to occasion considerable difficulty to the pension authorities,
and the questions which have to be answered by the claimant in
making the "claim to pension" on Form i will probably, in most
17
cases, have to be supplemented by other inquiries. It is to be
observed that the income for the purposes of section 4 has to be
estimated for the "succeeding year" in cash, and any sum receiv-
able in respect of an old-age pension will be excluded. The "year"
will be from ist January to 31st - December. In the case of a
married couple living together in the same house, the total means
must be divided by two, and the amount credited to the income
of any claimant must not in any case be less than half the total
means. In the estimation of means the yearly value of any benefit
or privilege enjoyed by the claimant, as well as of any advantage
which he gets from any property which he enjoys, and the yearly
income from any property which is not invested or profitably used
must be considered. The rateable value of any land, house, or
other building, as shown in the valuation list, would be the best
criterion of the yearly value of the property. In the case of married
claimants who are not living together, the income of both cannot
be added together for the purpose of ascertaining the income of
either, and in such cases the income of a married claimant living
apart from his or her spouse would be calculated as if the claimant
were single. The Regulations do not pro\nde for any inquiries
as to whether a man who is a claimant for a pension is living apart
from his wife by arrangement or has deserted her, and it seems
probable that the pension authorities will find it necessary to
supplement the information contained on the claim form by more
precise inquiries on these points. By Regulation 26 the pension
committee, for the purpose of determining any claim, may avail
themselves of any evidence or information which, in their opinion,
is sufficient for the purpose, and is the best evidence or information
which it is reasonably possible to obtain. They are not bound
by the ordinary rules of evidence applicable to matters coming for
decision before courts of law.
Not© to section * (1).
Considerable discussion has arisen as to the position of claimants
who have been in receipt of allowances from their children, and
it has been suggested that these allowances, being purely voluntary,
need not be taken into account as income.
This view is erroneous, and so long as a claimant is in receipt
of such allowances he must include them as part of his income.
If, however, the children have ceased to make any such contri-
butions, and have intimated that they will not do so in future,
the claimant would be entitled to exclude any such sums, and would
not be bound to base his income for the coming year on the
amount which he had received during the preceding year, as he
would otherwise be bound to do under subsection (i, a).
On the 28th October, 1908, in the House of Commons, Mr.
J. D. White asked tlie Chancellor of the Exchequer whether steps
would be taken to issue Instructions that for the purposes of the
t8
Old-xVge Pensions Act, 190S, allowances made voluntarily to parents
over 70 years of age by their children shall not be taken into
account in calculating the means of such parents, and that allow-
ances made voluntarily to parents by their children shall, for the
purposes of that Act, be placed on the same basis as allowances
made to them by persons who are under no Poor Law obligation
to contribute to their support. — Mr. Lloyd George said : The
Instructions to Pension Officers are that all money income received
by claimants to old-age pensions, whether from voluntary allow-
ances or otherwise, is to be taken into account in estimating their
means for the purposes of the Act; and, as at present advised, I
see no reason for modifying those Instructions or discriminating
between different kinds of allowances.
Note to section 4 (2).
The effect of this subsection is that where two persons are
" living together in the same house " and either of them applies
for a pension, the means of the applicant shall not be taken at
a less sum than half the total means of both. Thus, if a man has
an income of j£^o a year and his wife has an income of £10, the
wife, if 70 years of age, must place her income at not less than
;^25 a year, which would give her a pension of 3s. a week. In
the same case, assuming that the man was 70 years of age also,
he would not be entitled to divide his income by two, and to state
it at ;^25, but would have to state it at £^^0, and thus would not
be entitled to any pension at all. In the converse case if a man
and woman are living together and the woman has a cottage, the
rental value of which is ^8 a year, and an allowance of ^^26 u
year from any source, such as a legacy from a former employer,
she would have to return her income at £^4 a year, and could
not claim a pension. But her husband, if 70 years of age, would
have to state his income at not less than half the joint
income, and if his earnings did not amount to more
than ^8 a year, he could return his income at £21, and
claim a ])ension of 5s. a week. Thus, the income of a
claimant, being one of a married couple living together in
the same house, must in every case be stated at the actual amount
which he or she receives for the purpose of making a claim, but
if one of the couple has an income and the other has none the
income of that other must be stated at not less than half the total
income of both. It will accordingly happen that in some cases
the husband, and in other cases the wife, will be entitled to a pension,
where the other partner is disentitled by reason of his or her
income being in excess of the statutory limit of ;^3i los., or is
entitled to a pension of less than the maximum of 5s. a week.
This provision will not apply in the case of any married person
living apart from his or her husband or wife, and accordingly
a woman who had left her husband, or who had been deserted by
19
him and was not In receipt of any allowance from him, would be
entitled to claim a pension without returning any part of his income
as her own, even though he was in receipt of such an income as
would be greatly in excess of ;i^3i los. a year.
Mode of Paying Pensions.
5, — (i) An old-age pension under this Act, subject to
any directions of the Treasury in special cases, shall be
paid weekly in advance in such manner and subject to
such conditions as to identification or otherwise as the
Treasury direct.
(2) A pension shall commence to accrue on the first
Friday after the claim for the pension has been allowed,
or, in the case of a claim provisionally allowed, on the
first Friday after the day on which the claimant becomes
entitled to receive the pension.
Note to section 5.
Under this section power is given to the Treasury to direct that
pensions may in special cases be paid in arrear, or at greater or
less intervals of time than a week, but in ordinary cases all pensions
will be paid weekly. Under section 12 (i) of the Act it is provided
that a person shall not be entitled to the receipt of an old-age
pension under this Act until the ist January, 1909, and no such
pension shall begin to accrue until that day. In the Instructions
issued to Excise Ofhcers by the Commissioners of Inland Revenue
it is explained that the payment of pensions will be made by means
of pension orders of the denominations of 5s., 4s., 3s., 2s., and
IS., bound in books, each containing 25 orders, payable weekly
at the specified post ofhce. The books of orders will be obtainable
through the pension officers only. Where the local committees
have provisionally allowed pensions which are to commence on
Friday, ist January, 1909, the officer may deliver the books of
orders to pensioners as soon after the loth December, 1908, as
may be convenient. The pensioner must, unless incapacitated by
illness, present in person the book of orders at the i)ost office of
payment, when the postmaster will pay the amount due. If unable
t'J. attend personally, provision is made for authorising another
person to receive payment on his or her behalf.
Old-Age Pension to be Inalienable.
6. Every assignment of or charge on and every agree-
ment to assign or charge an old-age pension under this
D
20
Act shall be void, and, on the bankruptcy of a person
entitled to an old-age pension, the pension shall not pass
to any trustee or other person acting on behalf of the
creditors.
Determination of Claims and Questions.
7. — (i) All claims for old-age pensions under this Act
and all questions whether the statutory conditions are
fulfilled in the case of any person claiming such a pen-
sion, or whether those conditions continue to be fulfilled
in the case of a person in receipt of such a pension, or
whether a person is disqualified for receiving or con-
tinuing to receive a pension, shall be considered and
determined as follows : —
(a) Any such claim or question shall stand referred to
the local pension committee, and the committee
shall (except in the case of a question which has
been originated by the pension officer and on
which the committee have alreadv received his
report), before considering the claim or ques-
tion, refer it for report and inquiry to the
pension officer :
(b) The pension officer shall inquire into and report
upon any claim or question so referred to him,
and the local pension committee shall, on the
receipt of the report of the pension officer and
after obtaining from him or from any other
source if necessary any further information as
to the claim or question, consider the case and
give their decision upon the claim or question :
(r:) The pension officer, and any person aggrieved, may
appeal to the central pension authority against
a decision of the local pension committee allow-
21
ing or refusing a claim for pension or deter-
mining any question referred to them within the
time and in the manner prescribed by regulations
under this Act, and any claim or question in
respect of which an appeal is so brought shall
stand referred to the central pension authority,
and shall be considered and determined by
them :
(d) If any person is aggrieved by the refusal or neglect
of a local pension committee to consider a claim
for a pension, or to determine any question
referred to them, that person may apply in the
prescribed manner to the central pension
•authority, and that authority may, if they con-
sider that the local pension committee have
refused or neglected to consider and determine
the claim or question within a reasonable time,
themselves consider and determine the claim or
question in the same manner as on an appeal
from the decision of the local pension committee.
(2) The decision of the local pension committee on any
claim or question which is not referred to the central
pension authority, and the decision of the central pension
authority on any claim or question which is so referred to
them, shall be linal and conclusive.
Note to section 7.
As to this section, see Regulation 17 and paragraphs 45 and 46
of the Local Government Board circular of 21st August, 1908.
Decisions of the local pension committee on claims, and on ques-
tions that may arise as to whether the statutory conditions are
fulfilled in the case of a claimant, or continue to be fulfilled in
the case of a pensioner, must be arrived at in the manner prescribed
by this section and by Regulation 17, and they may be appealed
against by the pension officer or by any person aggrieved vv'ithin
seven days after the date of ihe decision or notice, as provided by Regu-
lation 18. The appeal must be on Form 9, and must be sent
to the Local Government Board, Whitehall, London, S.W., within
D 2
2i
seven days, so that if the decision of the committee is given on the
1st December the appeal must he dispatched to the Local Government
Board not later than the 8th December. ^See par, 37 of Local
Government^Board circularjof 21st August, 1908, set out posL) It is
provided by Regulation 19 that the Local Government Board may hold
a^-jlocal inquiry in regard to any appeal. They are not compelled to do
so. It is not clear what the powers of the inspector or other officer
who holds an inquiry will be, as neither the enactments governing
inquiries under the Poor Laws nor those under the Public Health
Acts are made applicable, and it is, therefore, doubtful whether
any evidence could be taken on oath.
Note to section 7 (1, a).
The subsection directs that all claims shall stand referred to the
local pension committee, but this will not give the committee any-
thing more than a technical control over claims in the first instance,
as it is provided by Article 7 (2) of the Regulations that in all cases
the claim shall be sent to the pension officer, even though the
committee has directed the postmaster to send all claims to them
instead of direct to the pension officer.
Note to section 7 (1, b).
This subsection requires the local pension committee to consider
the case and give their decision where any claim or question is
submitted to them, and they will be guided in their action by the
rules in Regulations 13, 14, 15, and 16, in dealing with claims, and
Regulation 17 in dealing with questions. Where the committee
receive a report from a pension officer that a claim may properly
be allowed, and they agree with the report, they must forthwith
allow the claim (Regulation 13). It is important to note that in
certain cases where a claim is disallowed the committee must give
the claimant an opportunity of being heard (Regulation 14). The
Instructions to Pension Officers state that in making investigations
with regard to claims, officers are warned to be cautious in accept-
ing the uncorroborated statements of claimants and their relatives.
Wherever possible it is recommended that some documentary
corroboration of all statements should be obtained, and inc^uiries
should be made from those likely to be able to give information
respecting the claimant. It is suggested that officers or persons
acting in the administration of the Poor Law, ministers of religion,
clerks to justices, petty sessions clerks, collectors of rates, police
officials, shopkeepers, or officials connected with friendly and other
provident societies or with trade unions, may be able and willing
to assist the officer in his inquiries. It is to be hoped that every
official of any local authority or anyone who is in any way in a
j)osition to assist the pension officers in their inquiries will render
all possible aid, without exacting payment of fees to which they
might deem themselves entitled. Local authorities might well pass
resolutions directing their officers to allow the pension officers and
^2>
persons acting on behalf of local pension committees to have free
inspection of all books of record which are likely to assist in ascer-
taining the facts about any claimant to a pension.
Note to section 7 (1, c and d).
Under these subsections there are two classes of persons who
may appeal to the Local Government Board, as the Central Pension
Authority, and these are (i) pension officers, and (2) persons
aggrieved. There may be some doubt as to who are the latter
class, for whilst the claimant to a pension whose claim has been
disallowed is a person aggrieved in one case, he would not be where
his claim had been allowed, unless he considered himself entitled
to a pension at a higher rate than had been granted to him. But
where a pension has been allowed, and there are grounds for
believing that the claimant is not entitled to it, the proper course
for any person who wishes to raise the question is to lay the
matter before the pension officer, who will be obliged to take notice
of any information tendered to him under Regulation 17 (2). It
is probable that the Local Government Board will refuse to enter-
tain an appeal from any person, other than the pension officer,
who is not either a pensioner or a claimant to a pension.
Local Pension Committee, Central Pension
• Authority, and Pension Officers.
8. — (i) The local pension committee shall be a com-
mittee appointed for every borough and urban district,
having a population according to the last published census
for the time being of twenty thousand or over, and for
every county (excluding the area of any such borough or
district), by the council of the borough, district, or county.
The persons appointed to be members of a local pension
committee need not be members of the council by which
they are appointed.
(2) A local pension committee may appoint such and so
many sub-committees, consisting either wholly or partly of
the members of the committee as the committee think fit,
and a local pension committee may delegate, either abso-
24
lutely or under such conditions as they think fit, to any
such sub-committee any powers and duties of the local
pension committee under this Act.
(3) The central pension authority shall be the Local
Government Board, and the Board may act through such
committee, persons, or person appointed by them as they
think fit.
(4) Pension officers shall be appointed by the Treasury,
and the Treasury may appoint such number of those
otHcers as they think fit to act for such areas as they
direct.
(5) Any reference in this Act to pension authorities
shall be construed as a reference to the pension officer,
the local pension committee, and the central pension
authority, or to any one of them, as the case requires.
Note to ssetion 8.
With regard to the mode in which this section is to be carried
out, see Regulations 21, 22, 23, and 24, and paragraphs 8-16 of
the Local Government Board circular, 21st August, 1908. Under
subsection (2) of this section a local pension committee may appoint
sub-committees, and may delegate any of their powers and duties
to any such sub-committees " either absolutely or under such con-
ditions as they think fit." In view of the fact that subsection (2),
whilst giving power to delegate powers and duties "absolutely,''
does not give power at any time afterwards to review suc'n
delegation, it seems to be very undesirable that any pension com-
mittee should do anything which might appear to permanently
divest itself of its powers by "absolute" delegation to any sub-
committee. Of course, the delegation could be put an end to by
the dissolution of the sub-committee, or it might be resumed by
the local pension committee in accordance with the general rules
as to delegation, were it not for the doubt which arises from the
use of the term "absolutely" in subsection (2) of this section. In
the case of Iluth v. Clarke, L. R. 25 Q. B. D. 391, Lord Coleridge
said "the word 'delegation' im])lies that powers are committed
to another person or body which are, as a rule, always subject to
resumption by the power delegating, and many examples of this
might be given. Unless, therefore, it is controlled by statute the
delegating power can at any time resume its authority." In the
same case Mr. Justice Wills said " delegation as the word is gener-
25
ally used does not imply a parting with powers by the person who
grants the delegation, but points rather to the conferring of an
authority to do things which otherwise that person would have to
do himself." Probably the best reading of the subsection is one
in which the word "absolutely" is read as meaning "uncondition-
ally." Some meaning must be attached to the term in the Act,
and if this meaning is adopted there would be no doubt as to the
power of the local pension committee to resume the powers
delegated.
Lists of the counties, boroughs, and urban districts by which
local pension committees are to be appointed will be found in
Appendix Q.^ post, p. 139.
The Treasury have appointed all persons for the time being
holding the appointments of supervisor or officer of Excise in the
servnce of the Board of Inland Revenue to be pension officers,
such and so many of those officers as may for the time being, by
order of the Board of Inland Revenue, be stationed within each
Excise district, to act, subject to the instructions of that Board,
as pension officers for the area comprised in each such district.
These appointments have eflfect as from September i, 1908.
Penalty for False Statements, &c., and Repay-
ment where Pensioner Is Found Not to have
been Entitled to Pension.
9. — (i) If for the purpose of obtaining or continuing
an old-age pen.sion under this Act, either for himself or
for any other person, or for the purpose of obtaining or
continuing an old-age pension under this Act for himself
or for any other person at a higher rate than that appro-
priate to the case, any person knowingly makes any false
statement or false representation, he shall be liable on
summary conviction to imprisonment for a term not ex-
ceeding six months, with hard labour.
(2) If it is found at any time that a person has been
in receipt of an old-age pension under this Act while the
statutory conditions were not fulfilled in his case or while
he was disqualified for receiving the pension, he or, in
the case of his death, his personal representative, shall be
26
liable to repay to the Treasury any sums paid to him in
respect of the pension while the statutory conditions were
not fulfilled or while he was disqualified for receiving the
pension, and the amount of those sums may be recovered
as a debt due to the Crown.
Regulations and Expenses.
lo. — (i) The Treasury in conjunction with the Local
Government Board and with the Postmaster- General (so
far as relates to the Post Office) may make regulations for
carrying this Act into effect, and in particular —
(a) for prescribing the evidence to be required as to the
fulfilment of statutory conditions and for defin-
ing the meaning of residence for the purposes of
this Act ; and
(b) for prescribing the manner in which claims to pen-
sions may be made, and the procedure to be
followed on the consideration and determination
of claims and questions to be considered and
determined by pension officers and local pension
committees or by the central pension authority,
and the mode in which any question may be
raised as to the continuance, in the case of a
pensioner, of the fulfilment of the statutory con-
ditions, and as to the disqualification of a
pensioner ; and
(c) as to the number, quorum, term of office, and pro-
ceedings generally of the local pension com-
mittee and the use by the committee, with or
without payment, of any oflfices of a local
authority, and the provision to be made for the
immediate payment of any expenses of the com-
27
mittee which are ultimately to be paid by
the Treasury.
(2) The regulations shall provide for enabling claimants
for pensions to make their claims and obtain information
as respects old-age pensions under this Act through the
Post Office, and for provisionally allowing claims to
pensions before the date on which the claimant will
become actually entitled to the pension, and for notice
being given by registrars of births and deaths to the
pension officers or local pension committees of every death
of a person over seventy registered by them, in such
manner and subject to such conditions as may be laid
down by the regulations, and for making the procedure
for considering and determining on any claim for a
pension or question with respect to an old-age pension
under this Act as simple as possible.
(3) Every regulation under this Act shall be laid before
each House of Parliament forthwith, and, if an address
is presented to His Majesty by either House of Parliament
within the next subsequent twenty-one days on which that
House has sat next after any such regulation is laid before
it, praying that the regulation may be annulled, His
Majesty in Council may annul the regulation, and it shall
thenceforth be void, but without prejudice to the validity
of anything previously done thereunder.
(4) Any expenses incurred by the Treasury in carrying
this Act into effect, and the expenses of the Local Govern-
ment Board and the local pension committees under this
Act up to an amount approved by the Treasury, shall be
defrayed out of moneys provided by Parliament.
Note to section 10.
The Regulations made under this section are set out post^ as
well as the financial instructions for pension committees and sub-
committees made by the Treasury alone. It would appear that
2
R
tliese Regulations are only provisional, and that others will probably
be issued at a later date. One of the most important of these
Regulations is No. 37, which enables the Local Government Board
and the Treasury to dispense with compliance with any of the
Regulations, or make any Orders, or give any directions otherwise
necessary for the purpose of bringing the Act into effect.
The pension committee will have nothing whatever to do with
the payment of pensions, as this will be carried out by the officials
of the Government alone. Having once given their decision as
to the eligibility of a claimant for a pension, the local pension
committee will not have to concern themselves with any question
which might arise under section 3 of the Act as to whether a
pensioner has become disqualified for continuing to receive an
old-age pension, unless any such question is raised by the pension
officer under Regulation 17 (2), and is submitted to the committee
for their consideration and determination.
Expenses incurred by local pension committees will be defrayed
out of funds to be supplied by the Treasury, and the " Financial
Instructions," set out ^osi, at page 134, show what expenses can
be legitimately incurred. It is understood to be the intention of
the Government to provide almost everything which pension com-
mittees are likely to require in the way of books and forms ; as
registers, minute books, and forms for reports and corre-
spondence will be supplied by His Majesty's Stationery
Office on application. The local pension committee, although
appointed by the county council, borough council, or urban district
council, is not itself a local authority, but is an entirely new body
acting as the local agent of the Crown. Its position is somewhat
similar to that of the local income tax commissioners. Its accounts
will not be subject to audit by the district auditors of the Local
Government Board, but will be rendered to the Treasury under
paragraph 9 of the Financial Instructions. Under Regulation 25 of
the "Old-Age Pensions Regulations," the council by whom any
committee is appointed is required from time to time to advance
such sums as may be necessary to provide for the payment of the
expenses properly incurred by any committee and sub-committee.
The sums so advanced are to be repaid to the council at such
time and in such manner as the Treasury think fit (Regu-
lation 25 (2)). No provision is made for defraying any expenses
that may have been inadvertently incurred by a committee and
are not repaid by the Treasury. It is probable that in any such
case the council which has advanced moneys to a committee, and
cannot recover the whole of them, would have to apply to the
Local (Government Board for sanction, under the Local Authorities
(Expenses) Act, 1887, to charge the deficiency in their accounts.
This, however, would not have to be done by a municipal cor-
poration, as the advances would be made out of the borough fund,
the accounts of which are not subject to Government audit.
29
Application to Scotland, Ireland, and the Sciily
Isles.
II. — (i) In the application of this Act to Scotland, the
expression '' Local Government Board " means the Local
Government Board for Scotland ; the expression
"borough" means royal or parliamentary burgh; the
expression " urban district " means police burgh; the
population limit for boroughs and urban districts shall
not apply; and the expression '' I-unacy Act, 1890,"
means the Lunacy (Scotland) Acts, 1857 to 1900.
(2) In the application of this Act to Ireland, the ex-
pression " Local Government Board " means the Local
Government Board for Ireland ; ten thousand shall be
substituted for twenty thousand as the population limit
for boroughs and urban districts ; and the expression
" asylum within the m.eaning of the Lunacy Act, 1890,"
means a lunatic asylum within the meaning of the Local
Government (Ireland) Act, 1898.
(3) In the application of this Act to the Isles of Sciily,
those isles shall be deemed to be a county and the council
of those isles the council of a county .
Note to section 11.
Scotland. — The Central Pension Authority is the Local Govern-
ment Board for Scotland, and the local authorities by whom pension
committees are to be appointed are the councils of counties and
the councils of Royal or Parliamentary burghs, and police burghs.
There are no urban districts as such in Scotland. As the popula-
tion limit does not apply, every burgh in Scotland will appoint a
pension committee. A list of counties and burghs is given in the
Appendix, /(3i/, p. 143.
Ireland. — The Central Pension Authority is the Local Govern-
ment Board for Ireland, and the local authorities bv whom pension
committees are to be appointed are the councils of counties and
."o
of boroughs and urban districts having populations of 10,000 and
upwards. A list of counties, boroughs, and urban districts is given
in the Appendix, post, p. 147.
Isles of Scilly. — There is a local Council for these Isles which
was constituted under an Order of the Local Government Board,
and that Council will be the authority to appoint the pension
committee.
Commencement and Short Title.
12. — (i) A person shall not be entitled to the receipt of
an old-age pension under this Act until the first day of
January nineteen hundred and nine and no such pension
shall begin to accrue until that day.
(2) This Act may be cited as the Old-Age Pensions Act,
3Q08.
SCHEDULE.
Means of Pensioner.
Rate of Pension
per Week.
Where the yearly means of the Pensioner as calculated
under this Act —
S. d.
Do not exceed £21 -
5
Exceed £21, but do not exceed £2^^ 12s. 6d.
4
Exceed ^23 12s. 6d., but do not exceed £2^ 5s.-
3
P^xceed £2(i 5s., but do not exceed £2'^ 17s. 6d. -
2
Exceed ^"28 17s. 6d., but do not exceed ^31 los.-
I
Exceed £t^\ los.
No pension
31
OLD-AGE PENSIONS REGULATIONS,
Dated October 15, 1908.
In pursuance of section ten ot the Old-Age Pensions
Act, 1908, the Lords Commissioners of His N^ajesty's
Treasury, in conjunction with the Local Government
Board and the Postmaster-General, hereby make the
following Regulations : —
General Provisions.
Short Title.
I. These Regulations may be cited as the Old-Age
Pensions Regulations, 1908.
Interpretation.
2. — (i) In these Regulations, unless the context other-
wise requires —
" The Act " means the Old-Age Pensions Act, 1908 :
'' The committee " means the local pension committee
under the Act, and includes, with regard to any
matter delegated to a sub-committee under sub-
section (2) of section eight of the Act, the sub-
committee to which the matter is delegated :
" The pension officer " means the pension officer to
whom any claim or question is referred :
" District " means the area for which any pensic
officer is appointed to act :
" Pension " means an old-age pension under the Act :
" Claim " means a claim to a pension :
" Claimant " means a person by whom a claim has
been made :
'' Pensioner " means a person in receipt of a pension.
32
(z) The Interpretation Act, 1889, applies for the pur-
pose of the interpretation of these Regulations as it
applies for the purpose of the interpretation of an Act of
Parliament.
Note.
The following are the enactments in the Interpretation Act, 1889,
which are here rendered applicable to the interpretation of the
Regulations. It must be remembered that they also apply to the
interpretation of the Act itself : —
I. Unless the contrary intention appears —
(a) words importing the masculine gender shall include females;
and
[b) words in the singular shall include the plural, and words
in the plural shall include the singular.
3. The expression "month" shall mean calendar month.
20. Expressions referring to writing shall, unless the contrary
intention appears, be construed as including references to printing,
lithography, photography, and other modes of representing or re-
producing words in a visible form.
26. Where an Act passed after the commencement of this Act
authorises or requires any document to be served by post, whether
the expression "serve," or the expression "give" or "send," or
any other expression is used, then, unless the contrary intention
appears, the service shall be deemeel to be effected by properly
addressing, prepaying, and posting a letter containing the docu-
ment, and unless the contrary is proved to ha\e been effected at
the time at which the letter would be deli^ere^l in the ordinary
course of post.
30. In this Act and in every other Act, whether passed l)efore
or after the commencement of this Act, references to the Sovereign
reigning at the time of the passing of the Act or to the Crown
shall, unless the contrary intention appears, be construed as refer-
ences to the Sovereign for the time being, and this Act shall be
binding on the Crown.
31. Where arry Act, whether passed before or after the com-
mencement of this Act, confers power to make, grant, or issue
any instrument, that is to say, any Order in Council, order, warrant,
scheme, letters patent, rules, regulations, or bye-laws, expressions
used in the instrument, if it is made after the commencement of
this Act, shall, unless the contrary intention appears, have the same
respective meanings as in the Act conferring the power.
32. — (i) Where an Act passed after the commencement of this
Act confers a power or imposes a duty, then, unless the contrary
intention appears, the power may be exercised and the duty shall
be performed from time to time as occasion requires.
33
(2) Where an Act passed after the commencement of this Act
confers a power or imposes a duty on the holder of an office, as
such, then, unless the contrary intention appears, the power may
be exercised and the duty shall be performed by the holder for the
time being of the office.
(3) Where an Act passed after the commencement of this Act
confers a power to make any rules, regulations, or bye-laws, the
power shall, unless the contrary intention appears, be construed
as including a power exercisable in the like manner and subject
to the like consent and conditions, if any, to rescind, revoke, amend,
or vary the rules, regulations, or bye-laws.
Application to Scotland and Ireland.
3. — (i) In the application of these Regulations to
Scotland —
The expression " Local Government Board " means
the Local Government Board for Scotland ; the
expression " Registrar- General of Births, Deaths,
and Marriages ni England " means the registrar-
general of births, deaths, and marriages in Scot-
land, appointed under the Registration of Births,
Deaths, and Marriages (Scotland) Act, 1854, and
the Acts amending the same ; and the expression
■ " sub-district " means " registration district,'^
and the reference to an urban district council shall
not apply ;
The expression " county fund " means '' the county
general purposes rate "; the expression " borough
council ' ' means * ' town council ' ' ; the expression
" borough fund " means " the burgh general
improvement or other assessment."
(2) \i\ the application of these Regulations to Ireland —
The expression '' Local Government Board " means
the Local Government Board for Ireland ; and the
expression " Registrar- General of Births, Deaths,
and Marriages in England " means the registrar-
:.-_. general of births and deaths in Ireland appointed
under the Registration of Births and Deaths
(Ireland) Act.
34
Provisions as to Sending of Notices.
4. — (i) Any notice or other document required 01
authorised to be sent for the purpose of these Regulations
shall be in writing.
(2) Any notice or other document required or author-
ised to be sent to any person for the purpose of these
Regulations shall be deemed to be duly sent if sent by
post addressed to that person at his ordinary address or,
in the case of a committee or sub-committee, addressed to
the clerk of the committee or sub-committee at his usual
office.
Use of Scheduled Forms.
5. The forms set out in the First Schedule to these
Regulations, or forms to the like effect, shall be used in
all cases to which those forms are applicable.
Making of Claims.
Method of Making Claim.
6. — (i) Every person who desires to make a claim must
fill up a form of claim, and deliver the form when filled
up either to the postmaster of the post office at which he
desires that the pension should be payable or to the
pension officer.
(2) The Postmaster-General shall furnish to every post-
master printed forms of claims, and every postmaster
shall, on application being made to him for the purpose,
supply a form of claim gratis to any person who desires
to make a claim.
(3) Every postmaster shall, if any person who desires
,,,.. to make a claim requests him so to do, give to that person
"?;^'isuch information and such assistance in filling up the
m
35
form of claim as it is in his power to give and as may be
necessary to enable that person to fill up the form pro-
perly. [Form No. i.]
Transmission of Claims to Pension Officer or to
Committee.
7. — (i) Every postmaster upon delivery to him of a
claim to a pension shall, unless he has received from the
committee appointed for the area in which the claimant
resides directions that claims shall be sent to the com-
mittee, forthwith send the claim to the pension officer :
Provided that if the committee give any such direction
as aforesaid, the postmaster shall instead of sending the
claim to the pension officer send it to the committee, or
where the committee have appointed a sub-committee for
the area in which the claimant resides, and the committee
have sent notice to the postmaster requiring him so to do,
shall send the claim to the sub-committee instead of to the
committee.
(2) As soon as may be after the receipt thereof, any
claim so sent to a committee or sub-committee shall be
transmitted by the clerk of the committee or sub-committee
to the pension officer.
Investigation and Determination of Claims by
Pension Officers and Committees.
Register of Claims.
8. — ( I ) The pension officer shall keep a register of all claims
referred to him, and on receiving any claim shall, subject
to these Regulations, forthwith cause the claim to be
registered in such manner as the Treasury prescribe, and
shall number all claims consecutively in the order in which
they are entered in the register.
(2) The pension officer shall also enter in the register of
claims such particulars as the Treasury prescribe of every
36
decision of the committee or of the Local Government
Board on or in reference to any claim entered in his
register, or on or in reference to any question raised in
connection with any pension allowed on any such claim.
Investigation of Claim by Pension Oificer.
9. — (i) As soon as may be after receiving any claim,
the pension officer shall take all necessary steps for inves-
tigating the claim for the purpose of ascertaining whether
the claimant is entitled to a pension, and if he is so
entitled, to what rate of pension :
Provided that —
(a) where a claim previously made by the claimant
within four months of his present claim has
been disallowed, and the claimant does not
satisfy the pension officer that there is prima
facie reason to believe that the ground on
which the former claim was disallowed is no
longer in operation ; or
(b) where a claim on the face of it discloses that the
claimant does not fulfil the statutory condi-
tions ;
the pension officer shall not be bound to investigate the
claim, but in any case in which the pension officer decides
under this provision not to investigate a claim he shall
make a special report to the committee stating his reasons
for not investigating the claim.
(2) Subject to compliance with the instructions set out
in the Second Schedule to these Regulations and to any
further instructions issued for the guidance of pension
officers, the pension officer shall investigate the claim in
such manner as he thinks best fitted for the purpose.
Re-port of Pension Oificer.
10. The pension officer shall send to the committee his
reports on any claims investigated by him, and any special
reports on any claims which he has decided not to inves-
37
tigate, on such date or dates in each month as the Treasury
may direct for the purpose, and shall annex to every
report sent by him to the committee the original claim and
(except in the case of a special report) a statement of the
inquiries made by him in reference to the claim and of
the result of those inquiries, and, unless he is satisfied that
the yearly means of the claimant do not exceed ;£2i, and
so states in the report, a sum.mary of the income, property,
and other yearly means of the claimant. [Form No. 2.]
Meetings for Consideration of Claims.
II. — (i) Not later than seven days after the receipt of
the report of the pension officer on any claim a meeting of
the committee shall be held for the purpose of considering
the claim.
(2) At the meeting held for the consideration of a claim
the committee shall consider the claim together with the
report of the pension officer, and any other evidence or
information laid before them, and the committee may at
any time, if they think necessary, require the pension
officer to procure any further information which it is in
his power to procure in reference to any matter to be con-
sidered by the committee.
(3) The pension officer shall be entitled to attend any
meeting held for considering any claim and to speak but
not to vote thereat.
Note.
The pension officer is entitled to attend meetings of coniinittees,
but as he is not an officer of the committee he cannot be required
to attend any meeting of a committee.
Notice of Meetings for Considering Claims.
12. Not less than three clear days before the day of the
meeting at which any claims are to be considered, the
committee shall send to the pension officer a notice stating
that a meeting for the consideration of claims will be held
on that day, and specifying the claims which will be con-
sidered at that meeting. [Form No. 3.]
E 2
38
Determination of Claim where Committee agree with
Pejision Officer that Claim should he allowed.
13. In any case in which the pension officer has reported
that the claim may properly be allowed and the committee
after considering the claim agree with the report of the
pension officer, the committee shall forthwith allow the
claim and send notice of their decision to the pension
officer and the claimant. [Form No. 4.]
Procedure for Determination of Claim in other Cases.
14. — (i) In any case in which the pension officer has
reported that the claim cannot properly be allowed, and
the committee, after considering the claim, agree with the
report of the pension officer, the committee shall not give
their final decision on the claim without giving the
claimant an opportunity of being heard.
(2) If on considering any claim the committee disagree
as respects any matter with the report of the pension
officer, or if thev consider that for any other reason the
claim requires further consideration, the committee shall
not proceed to give their final decision on the claim with-
out making such further investigation as the committee
think necessary, and also, if the case is one in which the
committee think the matter ought to be decided adversely
to the claimant, without giving the claimant an oppor-
tunity of being heard.
(3) The committee may, if necessary for the })urpose of
making any further investigation or of giving a claimant
the opportunity of being heard, adjourn the consideration
of any claim, and where the consideration of any claim
is so adjourned, an adjourned meeting for the furthei
consideration of the claim shall be held not more than
one month after the date of the original meeting, and the
committee shall send notice to the claimant of the ad-
jojrnment of the consideration of the claim, and of the
39
day fixed for the further consideration of the claim.
[Form No. 6.]
(4) The claimant shall be entitled to attend and be
heard at any such adjourned meeting, and the committee
after hearing the claimant (if he desires to be heard), and,
after considering any other evidence or information which
they have been able to obtain, shall give their decision on
the claim, and shall forthwith send notice of the decision
to the pension officer and the claimant. [Forms Nos. 4
and 5.]
(5) In any case where a claim is disallowed, the notice
to be sent to the claimant under this Regulation shall
state the grounds upon which the claim has been dis-
allowed and that the claimant is entitled to appeal to the
Local Government Board against the decision of the
committee.
Committee to iix and specify rate of Pension.
15. In any case where a claim is allowed, the com-
mittee must fix the weekly rate of pension to which the
pensioner is entitled and specify the rate in the notice of
their decision.
Provisional Allowance of Claims.
16. A claim may be made and provisionally allowed at
any time not exceeding four months before the date on
which the claimant will become entitled to receive his
pension.
Raising and Deternnination of Questions.
Raising and determination of Questions as to continuance
of fulfilment of Statutory Conditions, d^c.
17. — (i) If any pensioner desires to raise any question
as to the weekly rate of pension to which he is entitled,
4P
he may send a statement of the question together with a
summary of any evidence in support of his allegations to
the pension officer of the district in which the pension is
payable, and the pension officer shall investigate and
(subject to the provisions of this Regulation) report on the
question in the same manner mutatis mutandis as he is by
these Regulations required to do in the case of a claim :
Provided that if in any case the pension officer is satis-
fied that there is no evidence in support of the allegations
made bv the pensioner, the pension officer shall not be
bound to make any report on the question.
(2) If the pension officer of the district in which any
pension is payable himself desires to raise any question as
to the continuance in the case of the pensioner of the ful-
filment of the statutory conditions, or as to the disquali-
fication of the pensioner, or any question as to the weekly
rate of pension to which the pensioner is entitled, he may
do so by submitting the question together wdth his report
thereon for consideration and determination by the com-
mittee.
The pension officer shall take into consideration any
representation which may be made by any person that any
such question as aforesaid ought to be investigated, and
shall, if he considers it necessary so to do, investigate and
report on the question accordingly.
(3) Where a committee receive a report from the pen-
sion officer as respects any such question as aforesaid they
shall consider and determine the question in the same
manner mutatis mutandis as they are by these Regulations
required to do in the case of a claim. [Forms Nos. 7
and 8.]
41
Appeals.
Provisions as to time and manner of A-pfeal, &•'€.
18. — (i) The pension officer or any person aggrieved
who desires to appeal to the Local Government Board
against a decision of the committee may do so by sending
to the Board notice of appeal within seven days after the
date of the decision, or, if the appellant is a person to
whom notice of the decision is required to be sent under
these Regulations, within seven days after the receipt of
the notice by him. [Form No. 9.]
(2) The person appealing must at the time of sending
his notice of appeal to the Local Government Board, also
send to the committee a notification that he has so ap-
pealed, and the committee shall forthwith after receiving
the notification send to the Board the claim or question in
respect of which the appeal is brought, the report of the
pension officer upon the claim or question, a statement of
the decision of the committee thereon, and all other
documents in the possession of the committee relating
thereto. [Form No. lo.]
(3) Except where the appeal is brought by a claimant
or a pensioner, the committee shall send notice to the
claimant or pensioner informing him that the appeal has
been brought. [Form No. 11.]
(4) The clerk of the committee shall supply gratis to any
person desiring to appeal a form of notice of appeal and
a form of notification to the committee of an appeal
having been made.
Procedure of Local Government Board on A-ppeals.
19 — (i) In the case of any appeal to the Local Govern-
ment Board the Board shall cause such inquiry to be held,
or take such other steps as they think necessary for the
purpose of enabling them to come to a proper decision in
the case.
42
(2) Notice of every decision of the Board shall forth-
with be sent to the committee, and the committee shall on
receiving any such notice send information thereof to the
pension officer and to the claimant or pensioner, and like-
wise (if the appellant is a person aggrieved other than
the claimant or pensioner) to the appellant. [Forms
Nos. 12 and 13.]
Applications to Local Government Board where
Committee Refuse or Neglect to Determine
Matter.
Applications to Local Government Board by persons
aggrieved by refusal or neglect of Committee to
consider claim, &'c.
20. — (i) An application to the Local Government Board
under paragraph (d) of subsection (i) of section seven of
the Act by a person aggrieved by the refusal or neglect of
a committee to consider a claim, or determine any ques-
tion, may be made by sending to the Board a notice in
wiiting stating that the applicant is so aggrieved, and
specifying the date on which the claim was made or the
question referred to the committee, as the case may be.
(2) If the Board do not consider that the committee
have refused or neglected to consider and determine the
claim or question within a reasonable time, the Board shall .
inform the applicant accordingly.
(3) The provisions of these regulations relating to the
procedure of the Local Government Board on appeals
shall apply in the case of applications to the Board under
the above-mentioned provision of the Act as they apply in
the case of appeals to the Board.
Local Pension Committees and Sub-Committees.
Constitution, Chairman, and Proceedings of Local
Pension Committee.
21. — (i) A local pension committee shall consist of such
43
number of persons, not being less than seven nor more
than the number of the council by whom the committee is
appointed, as the council may determine.
(2) The council by whom a committee is appointed may
make regulations as to the quorum, proceedings, and place
of meeting of the committee, but subject to any such regu-
lations, the quorum, proceedings, and place of meeting of
the committee shall be such as the committee determine :
Provided that the quorum shall in no case be less than
three.
(3) The term of office of a person appointed to be a
member of a committee shall be three years or such less
term as may be fixed by the appointing council at the time
of the appointment, and any person on ceasing to be a
member of a committee may be re-appointed :
Provided that —
(a) if any person so appointed is a member of the
appointing council, he shall cease to be a
member of the committee if he ceases to be a
member of that council ; and
(b) a member of the committee may resign by send-
ing to the clerk of the appointing council
notice of his desire so to do ; and
(c) a member whose office expires by effluxion of time
shall continue to hold office until his successor
is appointed ; and
(d) the appointing council may, if they think fit, at
any time remove any member of a committee
and appoint another person to be a member of
the committee in his place ; and
(e) if a member of the committee is absent from
meetings of the committee for more than six
months consecutively, except in case of illness
or for some reason approved by the committee,
his office shall on the expiration of those
months become vacant.
44
(4) If any vacancy ' occurs in a committee by death,
resignation, or otherwise, the clerk of the committee shall
forthwith send notice of the vacancy to the clerk of the
appointing council, and that council shall as soon as
possible fill up the vacancy.
(5) A committee shall appoint- some member of the
committee to be chairman of the committee, and the person
so appointed shall, if he so long remains a member of the
committee, hold office as chairman for such period, not
being less than twelve months, as may be specified in the
resolution of the committee under which he is so
appointed.
(6) Every question at a meeting of the committee shall
be determined by a majority of the votes of the members
of the committee present and voting on the question, and,
in case of an equal division of votes, the chairman of the
meeting shall have a second or casting vote.
(7) The proceedings of a committee shall not be in-
validated by any vacancy in their number or by any defect
in the appointment of any member of the committee.
Use by Committees of Offices of Local Authorities, and
provisions in case there are no such Offices available.
22. — (i) A committee shall, for the purpose of any of
the meetings of the committee under these Regulations, be
entitled to use free of charge (except such charge as may
be approved by the Treasury for heating, lighting, or
cleaning), at all reasonable times, and after reasonable
notice, any offices of any local authority situate in the
area of the council by which the committee is appointed.
(2) If any question arises under this Regulation as to
what is reasonable, it may be determined by the Local
Government Board.
(3) If in any case there are no offices of any local
45
authority available for use by a committee and the com-
mittee are unable to obtain the use of any room free of
charge, the committee may hire such room as may be
required for the purpose of any meeting of the committee :
Provided that; —
(a) the cost of hiring any such room shall not exceed
the scale fixed for the purpose by the Treasury ;
and
(b) except with the sanction of the Local Government
Board (which sanction shall only be given when
no other suitable room is available either free
of charge or at a cost not exceeding such scale
as aforesaid) a committee shall not hold a
meeting on any licensed premises, nor shall
any such premises be used, without such sanc-
tion, as an ofifi.ce of the committee or for any
purpose of or incidental to the business of the
committee.
(4) In this Regulation the expression " committee "
(except where the context otherwise requires) includes a
sub-committee, and the expression " licensed premises "
means premises licensed for the sale of intoxicating liquor,
and includes any club at which such liquor is supplied.
Appointment of Clerk of Committee.
23. — (i) Every committee shall appoint some fit person
to be clerk of the committee, to hold office during the
pleasure of the committee.
(2) The committee may assign to the clerk such remu-
neration as the committee think fit, not being in excess of
the scale fixed for the purpose by the Treasury.
(3) The clerk of every committee shall keep a record in
such form and containing such particulars as the Local
Government Board direct of all claims and questions in
respect of which a report is sent to the committee by the
pension ofificer, and of the decision of the committee
thereon.
46
(4) The clerk of every committee shall immediately
upon his appointment notify the appointment, together
with his name and address, to the Local Government
Board. [P'orm No. 14.]
(5) In this Regulation the expression " committee "
includes a sub-committee, except that in the case of the
clerk to a sub-committee the remuneration shall be
assigned by the committee.
Provisions as to Suh-Committees.
24. — (i) Every committee by whom a sub-committee is
appointed under the Act shall .send notice of the appoint-
ment to the Local Government Board and to such pension
ofBcer as the Board direct, and the notice so sent shall
specify the area for which the sub-committee is appointed
to act, and shall state which of the powers and duties of
the committee have been delegated to the sub-committee.
[Form No. 15.]
(2) A sub-committee shall consist of such number of
members, not being less than five nor more than nine, as
the committee may determine.
Provided that the Local Government Board may in
special circumstances authorise a smaller or a greater
number.
(3) Subject as aforesaid, the provisions of these Regu-
lations relating to the constitution, chairman, and pro-
ceedings of committees shall apply to sub-committees as
they apply to committees, with the substitution of the
committee for the appointing council, and of the sub-
committee for the committee.
Miscellaneous.
Provision for immediate payment of Expenses of
Committees.
25. — (i) For the purpose of providing for the imme-
diate payment of any expenses properly incurred by any
committee (including any expenses properly incurred by
47
any sub-committees appointed by the committee) the
council by whom the committee was appointed shall from
time to time advance such sums as may be necessary to
provide for the payment of those expenses.
(2) Any sums so advanced by a council shall, notwith-
standing any statutory provision to the contrary, be pro-
vided, in the case of a count v council out of the count v
fund, in the case of a borough council out of the borough
fund, and in the case of any other urban district council
out of any fund out of which expenses incurred in the
execution of the Public Health Acts may be paid, and
shall be repaid to the council at such time and otherwise
in such manner as the Treasury think fit.
(3) The Treasury may, for the purpose of providing
for the payment by any such council of any such expenses,
if they think fit so to do, advance to the council such sums
as the Treasury think proper for the purpose, and the
council shall apply the sums so advanced accordingly.
(4) Every council to whom any sums are so advanced
by the Treasury shall render to the Treasury such accounts
in respect of the sums advanced as the Treasury may
require.
Note.
It is provided by section 10 (3) of the Act that if an address is
presented to His Majesty by either House of Parliament a Reguhi-
tion may be annulled.
On the 29th October, 1908, the House of Lords, on the motion
of the Earl of Camperdown, resolved: "That a humble address
be presented to His Majesty, prapng that His Majesty will annul
Regulation No. 25, which has been laid before Parliament in pur-
suance of the Old-Age Pensions Act, 1908." The part of the
Regulation which the noble Earl objected to is as follows : " For
the purpose of providing for the immediate payment of any expenses
properly incurred by any co'mmittee, the council by whom the
committee was appointed shall from time to time advance such
sums as may be necessary to provide for the payment of such
expenses." The Treasury and the Local Government Board, said
the noble Earl, seemed to impose on the county councils a charge
which there was no legal authority to impose. In fact, there was
48
an attempt on the i)art of the Government Departments to dispense
with the statute, such action being in his view, and in that of the
Earl of Halsbury, who unfortunately could not be present, illegal
and unconstitutional. The county council and its old-age pension
committee had no power to advance any money, and the words
of the Treasury Regulation — which later declared "any statutory
provision to the contrary notwithstanding " — showed that the
Department was arrogating to itself the powers of Parliament.
Up to the date of this book going to press no action had been
taken in the matter, and as the Lord Chancellor did not agree with
the view embodied in the resolution it is probable that nothing
further will be done.
Provisioji as to Evidence on Determination of Claim.
26. The Local Government Board or any committee
may for the purpose of determining any claim or question
which is to be determined by the Board or the committee,
have rega''d to any such evidence or information as in the
opinion of the Board or committee is sufficient for the
purpose, and is the best evidence or information which it
is reasonably possible to obtain.
Provision as to Dates being Directory.
27. Any failure on the part of any pension officer or
any committee to comply with any requirements of these
Regulations or of any directions given by virtue of these
Regulations as to the time within which any proceedings
are to be taken, or any things are to be done, or as to the
notice to be given of meetings for the consideration of
claims, shall not of itself render invalid the decision of
the committee on any claim or question.
Returns by Registrars of Births and Deaths.
28. — (i) The registrar of births and deaths of every
sub-district shall once in every week send to such pension
officer or pension officers in his sub-district as the Treasury
may through the Registrar- General of Births, Deaths, and
Marriages in England direct, a return in respect of all
49
deaths of persons of the age of seventy years or upwards
which have I'een registered by him in the week imme-
diately preceding the date of the return.
(2) The registrar shall be entitled to a fee of twopence
for every return sent by him under this regulation, whether
the return contains any entry of any death or not, and in
addition to a fee of twopence for every death entered in
a return.
(3) The return under this Regulation shall be in such
form as the Registrar- General, with the consent of the
Treasury, prescribes, and in prescribing the form, regard
shall be had to the desirability of the form following so
far as possible the form of a certificate of death.
(4) Forms necessary for the purpose of the return shall
be supplied by the Registrar -General to every registrar of
births and deaths.
(5) The first return under this Regulation shall be made
in respect of the week ending the fifth day of December
nineteen hundred and eight.
Definition of Residence.
29. For the purpose of the statutory condition relating
to residence, the expression " residence " shall mean
actual presence in the United Kingdom, uninterrupted
otherwise than by temporary absences, and
(a) A person (being a claimant) shall be deemed to have
been temporarily absent —
(i) If before the absence he was living in
the United Kingdom and throughout the ab-
sence he was employed in the service of the
Crown as a soldier, sailor, or otherwise, or was
in the service of anyone so employed : Pro-
vided that for the purposes of this provision a
person shall not be deemed to be in the service
50
of the Crown unless his remuneration is paid
out of moneys provided by the Parliament of
the United Kingdom ; or
(ii) If before the absence he was living in
the United Kingdom and throughout the ab-
sence he was serving on board a vessel regis-
tered in the United Kingdom ; or
(iii) If throughout the absence his home
was in the United Kingdom : Provided that a
person shall not be deemed for the purposes of
this provision to have had his home in the
United Kingdom during any absences (other
than absences to which paragraphs (i) and
(ii) of this Regulation apply) which occurred
Avholly or partly within the period of twenty
years prescribed by subsection (2) of section 2
of the Act, if the aggregate of those absences
since the beginning of the earliest of them
exceeds eight years :
(b) A person (being a pensioner) shall be deemed to
have been temporarily absent if he is absent for
any period not exceeding three months at any one
time.
Definition of " f roper -provision " for the purpose of
s. 3 (i) (b) of the Act.
30. A person shall be regarded for the purpose of the
proviso to paragraph (b) of subsection (i) of section three
of the Act as having made proper provision against old
age, sickness, infirmity, or want or loss of employment,
if he has continuously for ten years up to attaining the
age of sixty, by means of payments to friendly, provident,
or other societies, or trade unions, or other approved
steps, made provision to secure for himself free from any
51
deductions or incumbrances any of the following benefits
or advantages : —
(i) The right to receive during any period of sickness,
not less than seven shillings and sixpence a week
during the lirst twenty-six weeks (or alterna-
tively not less than fifteen shillings a week for
the first thirteen weeks) of the period, and not
less than two shillings a week for the remainder
of the period :
(2) The right to receive not less than five shillings a
week during want or loss of employment :
(3) The right to receive not less than three shillings a
week for life either on becoming permanently
incapacitated or upon the attainment of any
specified age not exceeding seventy :
(4) The right to receive not less than five shillings a
week upon the attainment of any age not ex-
ceeding sixty-five until the attainment of the age
of seventy :
(5) The right to receive not less than two shillings a
week upon the attainment of any age not exceed-
ing sixty until the attainment of the age of
seventy :
(6) The right to receive a capital sum of not less than
fifty pounds upon the attainment of any specified
age not exceeding seventy :
(7) The possession, upon the attainment of the age of
sixty, of accumulated savings, or of property
purchased out of accumulated savings, to the
value of not less than fifty pounds.
Disposal of Documents.
31. — (i) As soon as may be after the Local Govern-
ment Board have given their decision on any claim or
question, or after the decision of the committee on any
F
52
claim or question has become final, the Board or the com-
mittee, as the case may be, shall return the claim or ques-
tion and all documents relating thereto in their possession
to the pension officer.
(2) Subject as herein-after provided, the pension officer
shall preserve all such documents for such period after
the date of the decision on the claim or question, as the
Treasury may determine, and on the expiration of that
period they shall be destroyed or otherwise disposed of
in such manner as the Treasury' may direct.
(3) If a pensioner removes from the district of one
pension officer to the district of another pension officer,
the first-named pension officer shall transmit to the other
pension officer all documents in his possession relating to
the pensioner or to his claim, together with a copy of the
entries in the register of claims relating thereto.
Issue of Boohs of Pension Orders.
32. — (i) It shall be the duty of the pension officer, in
every case in which there is a final decision allowing a
claim, to issue to the claimant a book of pension orders
not later than the date on which the first payment in
respect of the pension is to be made.
(2) On every issue to a pensioner of a fresh book of
pension orders the pension officer shall require the pen-
sioner to sign a statement in writing to the effect that to
the best of his belief his yearly means have not increased
so as to disentitle him to receive a pension at the weekly
rate at which he was previously receiving the pension, and
that to the best of his belief he is not disqualified for con-
tinuing to receive a pension. [Form No. 16.]
Instructions by Postmaster-General to Postmasters,
33. The Postmaster-General shall issue to all post-
masters such instructions as he thinks necessary for the
purpose of giving effect to these Regulations.
53
Periston Officers to obey directions of Commissioners
of Inland Revenue.
34. Subject to the provisions of the Act and of these
Regulations, every person appointed as a pension officer
shall in the execution of his office observe and follow the
orders, instructions, and directions of the Commissioners
of Inland Revenue.
Information to he supplied by Poor Laiv Officers.
35. For the purpose of enabling a pension officer to
ascertain whether any person is disqualified by reason of
the receipt of poor relief for receiving or continuing to
receive a pension, every officer or person acting in the
administration of the relief of the poor shall, if so re-
quested to do by the pension officer, supply to the pension
officer such information as it is in his power to give as
respects any person who is or has been in receipt of poor
relief.
Temporary Provisions.
Provisions as to First A-p-pointment and First Meetings
of Committees.
^6. — (i) Every council by whom a local }jension com-
mittee has not been appointed before the date of these Regu-
lations shall forthwith hold a meeting for the purpose of
appointing the committee, and the council shall have full
power to appoint the committee at that meeting or any
adjournment thereof, notwithstanding that any standing
orders or regulations relating to the notices to be given
of business to be transacted at meetings of the council
have not been complied with.
(2) The first meeting of the committee shall be con-
vened by the clerk of the council as soon as may be after
the committee has been appointed.
(3) If the appointing council so direct, the first meeting
nf the committee may subject as herein-after provided be
held without any notice immediately after the appoint
ment of the committee :
F 2
54
Provided that where any persons other than members
of the appointing council are appointed as members of the
(XDmmittee, the meeting shall not be held unless all those
persons have been informed of their appointment and
given an opportunity of attending the meeting.
(4) The appointing council shall forthwith after ap-
pointing the committee send notice thereof to the Local
Government Board.
Power of Local Government Board and Treasury to
remove difjiculties.
37. In order to enable all claims made during the year
nineteen hundred and eight to be investigated and deter-
mined, whenever possible, before the first day of January
nineteen hundred and nine, the Local Government Board
and the Treasury may, if they think fit, make orders
declaring the appointment of any committee to be valid
notwithstanding any defect in the appointment thereof,
or dispensing with compliance with any of these Regula-
tions, or may make any orders or give any directions
otherwise necessary for the purpose of bringing the Act
into effect.
Saving of things done under Provisional Regulations.
38. These Regulations shall be deemed to have had
effect as from the 20th day of August, 1908.
Provided that anything done in pursuance of the pro-
visional Regulations made under the Act on the 20th day
of August, 1908, shall, notwithstanding anything in these
Regulations, be deemed to have been validly done and have
full effect accordingly.
Dated this 15th day of October, 1908.
J. HERBERT LEWIS,
CECIL NORTON,
Two of the Lords Commissioners
of His Majesty's Treasury.
SYDNEY CHARLES BUXTON,
His Majesty's Postmaster-General.
55
Given under the Seal of Office of the Local Govern-
ment Board this fifteenth day of October, in the
year One thousand nine hundred and eight.
(L.S.) JOHN BURNS,
President.
S. B. PROVIS,
Secretary.
Given under the Seal of Office ot the Local Govern-
ment Board for Scotland this fifteenth day of October,
in the year One thousand nine hundred and eight.
(L.S.) JOHN SINCLAIR,
President.
G. FALCONAR-STEWART,
Secretary.
Given under the Seal of Office of the Local Govern-
ment Board for Ireland this fifteenth day of October,
in the year One thousand nine hundred and eight.
AUGUSTINE BIRRELL,
(l.s.) H. a. ROBINSON.
56
SCHEDULES
FIRST SCHEDULE.
FORMS.
FORM 1.
The Old-Age Pensions Act, 1908.
Claim to Pension.
Note. — Claims should not be made more than four
months before the date on which the claimant will attain
the age of seventy.
N ote. — " If for the purpose of obtaining or continuing an
old-age pension under this Act, either for himself or any
other person, or for the purpose of obtaining or continuing
an old-age pension under this Act for himself or for any
other person at a higher rate than that appropriate to the
case, any person knowingly makes any false statement or
false representation, he shall be liable on summary con-
viction to imprisonment for a term not exceeding six
months, with hard labour." (Old-Age Pensions Act, 1908,
section 9 (i).)
1. Full name of claimant.
2. *Home address.
3. Occupation.
4. Sex.
5. Are you single .''
or married ?
or a widower or widow ?
If a married woman or widow, what was your
maiden name "i
* The postal address in full of the claimant must be given-
;7
6. Age . Date of Birth.
7. tPlace where born.
8. Are you a British subject ?
9. JHave you lived in the United Kingdom for the whole
of the last twenty years ?
At what place or places did you live during those
years .?
10. How much have you coming in per week in money?
What are your other means of subsistence (if any) ?
Do you pay rent for the house or lodging in which
you live ?
Note. — Vou will subseqiiently have to furnish any
-further -particulars whicli the -pension officer may require,
in order to satisfy Jtimself tfiat you are entitled to a
pension.
I have clearly understood the above questions, and to the
best of my knowledge and belief all the statements made
by me in this claim are correct, and so far as I know I am
not disqualified for the receipt of a pension.*
If my claim is allowed I desire that my pension should
be payable at the Post Office at§
Signature (or Mark) of Claimant.
Date.
(Date.) Witness to signature, or (wJiere claimant is
unable to write) to mark, of claimant.
Address of Witness.
t Give exact address if possible.
X If the claimant answers the question in the negative, he will not necessarily be
disentitled to a pension.
§ The full address of the post office must be given.
* Under section 3 of the Act, a person is disqualified for
the receipt of a pension in the following (among other)
cases : —
I. While he is in receipt of poor relief (other than
medical and certain other kinds of relief excepted
under the Act), or if he has been in receipt of any
such relief at any time since the ist January, 1908.
S8
2. If he has habitually failed to work according to his
ability, opportunity, and need for the maintenance
or benefit of himself and those legally dependent
upon him, unless he can show that from the age of
fifty to sixty he made proper provision against old
age, sickness, infirmity, or want or loss of employ-
ment.
3. If within the last ten years he has been in prison
under a sentence of imprisonment without the option
of a fine, or of penal servitude.
4. If an order of a court disqualifying him is in force.
To he filled, in only ivhen the claimant has heeyt assisted
by a Sub-Postmaster.
I have assisted the claimant to fill up this
form.
Signature.
Sub-Postmaster of
FORM 2.
The Old- Age Pensions Act, 1908.
Report of Pension Officer on Claim.
District Station
No. in Pension Officer's Register
Name of Claimant
To the Local Pension Committee of the County [or
Borough] [or Urban District] of
A* I have investigated the claim of the above-named
claimant and in my opinion the claim may properly be
allowed, and the claimant is entitled to receive a pension
at the weekly rate of
* To be used where report in favour of allowance of claim.
59
Bt I have investigated the claim of the above-named
claimant and in my opinion the claimant is at the present
date not entitled to receive, [or disqualified for receiving]
a pension, but the claim may properly be allowed pro-
visionally, and the claimant will become entitled on the
day of to a pension at the weekly rate
of
C§ I have investigated the claim of the above-named
claimant, and in my opinion the claim cannot properly
be allowed for che following leasons, namely : —
The claimant does not fulfil the statutory conditions by
reason of not being a British subject [or, as the ca<;",
may be].
[or, The claimant is disqualified under section 3 (i) (d)
of the Act [or, as the case may he] ].
t [I am satisfied that the yearly means of the claimant
do not exceed £'2.1.]
t [The annexed statement contains a summary of the
income, property, and other means of the claimant.]
Statement as to inquiries made.
(Signature of Pension Officer.)
(Address of Pension Officer.)
(Date.)
t To be used where report in favour of provisional allowance of claim.
§ To be used where report in favour of disallowance of claim.
t Strike out both these if C is used ; otherwise strike out alternative which is not
appropriate.
FORM 3.
The Old-Age Pensions Act, 1908.
Notice of Meeting of Committee for Considering
Claims or Questions.
County [or Borough] [or Urban District] of
To the Pension Officer.
You are hereby informed that a meeting of the Local
6o
Pension Committee of the County [or Borough] [or Urban
District] of will be held at on the*
day of at o'clock for the purpose of
considering the claims [or questions] specified in the sub-
joined list.
List of Claitns.
Name of Claimant.
Address of Claimant.
Number of Claim in Pension
Officer's Report.
(Signature of Clerk of Co7ninittee.)
(Address of Clerk of Committee.)
(Date.)
* This must be a day not less than three days after the date of notice.
FORM 4.
A. — Form of Notice to Claimant.
The Old-Age Pensions Act, 1908.
Notice of Decision of Committee Allowing Claim.
District Station
No. in Pension Officer's Register
Name of Claimant
To the above-named Claimant.
You are hereby informed that by their decision dated
the day of , the Local Pension Committee
have [provisionally] allowed your claim to a pension, and
that you will be entitled [on the day of ]
tc a pension at the weekly rate of , the first pay-
ment in respect of which will be made on Friday, the
day of
The Pension Officer will in due course issue to you a
book of pension orders enabling you to obtain payment of
the pension at the post office at
6i
The pension will continue so long only as you continue
to fulfil the statutory conditions and do not incur any
disqualification.
This decision is subject to appeal, but if an appeal is
brought you will be informed of the fact.
(Signature of Clerk of Committee.)
(Address of Clerk of Co772mittee.)
(Date.)
B.— Form of Notice to Pension Officer.
The Old-Age Pensions Act, 1908.
Notice of Decision of Committee Allowing Claim.
District Station
No. in Pension Officer's Register
Name of Claimant
To the Pension Officer.
You are hereby informed that by their decision dated the
day of , the Local Pension Committee
have [provisionally] allowed the claim of the above-named
claimant, and that the claimant will be entitled [on the
day of ] to a pension at the weekly rate
of
Should you desire to appeal to the Local Government
Board against this decision, you may do so by sending
notice of appeal to the Local Government Board not later
than seven days after the receipt of this notice, and send-
ing at the same time to me notification that you have so
appealed.
(Sigyiature of Clerk of Committee.)
(Address of Clerk of Committee.]
(Date.)
62
FORM 5.
A.— Form of Notice to Cl'^imant.
The Old-Age Pensions Act, 1908.
Notice of Decision of Committee Disallowing Claim.
District Station
No. in Pension Officer's Register
To A.B. of
You are hereby informed that by their decision dated
the day of the Local Pension Committee
have disallowed your claim to a pension on the grounds
that [state the gro7ind,s\
Should you desire to appeal to the Local Government
Board against this decision, you may do so by sending
notice of appeal to the Local Government Board not later
than seven days after the receipt of this notice, and sending
at the same time to me notification that you have so
appealed. A form of notice of appeal and a form of notifi-
cation may be obtained on application to me.
(Signature of Clerk of Committee.)
(Address of Clerk of Cominittee.)
(Date.)
B. — Form of Notice to Pension Officer.
The Old-Age Pensions Act, 1908.
Notice of Decision of Committee Disallowing Claim.
District Station
No. in Pension Officer's Register
Name of Claimant
To the Pension Officer.
You are hereby informed that by their decision dated the
day of the Local Pension Committee have
disallowed the claim of the above-named claimant on the
grounds that \_state the grounds\
(Signature of Clerk of Committee.)
(Address of Clerk of Committee.)
(Date.)
63
FORM 6.
The Old-Age Pensions Act, 1908.
Notice of Adjourned Consideration of Claim.
District Station
No. in Pension Officer's Register
Name of Claimant
To the above-named Claimant.
You are hereby informed that the consideration of your
claim has been adjourned, and that a meeting for the
further consideration of it will be held at on the
dav of
You are entitled to attend and be heard at the meeting
if you so desire.
(Signature of Clerk of Committee.)
(Address of Clerk of Committee.)
(Date.)
FORM 7.
The Old-Age Pensions Act, 1908.
Report of Pension Officer on Question.
District Station
No. in Pension Officer's Register
Name of Pensioner
To the Local Pension Committee of the County [or
Borough] [or Urban District] of
I desire to raise the following question in reference to
the pension of the above-named pensioner, namely [state
the question\ [or The above-named pensioner has raised
the question that he is entitled to a pension at the weekly
rate of s. instead of at the weekly rate of s.\
64
I have investigated the above-mentioned question, and
in my opinion the pensioner [state whether the pensioner
does or does not coiithiue to fulfil the statutory conditions,
or is or is not disqualified, or is entitled to a ^pension at a
higher or a lower rate].
Statement as to i?iquiries made.
(Signature of Pension Officer.)
(Address of Pension Officer. )
(Date.)
FORM 8.
A. — Form of Notice to Pensioner.
The Old-Age Pensions Act, 1908.
Notice of Decision of Committee on Question.
District Station
No. in Pension Officer's Register
Name of Pensioner
To the above-named Pensioner.
You are hereby informed that by their decision dated the
day of the Local Pension Committee have
decided the question whether [state the question']
as follows : —
The consequence of this decision is that [state whether
the 'position of the pensioner is or is not altered by the
decision, and if so, how].
Should you desire to appeal to the Local Government
Board against this decision, you may do so by sending
notice of appeal to the Local Government Board not later
than seven days after the receipt of this notice, and sending
at the same time to me notification that you have so
appealed. A form of notice of appeal and a form of notifi-
cation may be obtained on application to me.
(Signature of Clerk of Committee.)
(Address of Clerk of Coyntnittee.)
(Date.)
65
B. — Form of Notice to Pension Officer.
The Old- Age Pensions Act, 1908.
Notice of Decision of Committee on Question.
District Station
No. in Pension Officer's Register
Name of Pensioner
To the Pension Officer.
You are hereby informed that by their decision dated the
day of , the Local Pension Committee
have decided the question whether [state the qiiestioii]
as follows : —
The consequence of this decision is that [state whether
the 'position of the pensioner is or is not altered by the
decision, and if so, how'].
Should you desire to appeal to the Local Government
Board against this decision, you may do so by sending
notice of appeal to the Local Government Board not later
than seven days after the receipt of this notice, and sending
at the same time to me notification that you have so
appealed.
(Signature of Clerk of Committee.)
{Address of Clerk of C omynitte e .)
(Date.)
FORM 9.
The Old-Age Pensions Act, 1908.
Notice of Appeal.
District Station
No. in Pension Officer's Register
Name of Claimant {or Pensioner]
To the Local Government Board.
I, the undersigned, being {state whether
66
pension officer or person aggrieved] hereby appeal against
the decision of the Local Pension Committee of the County
[^or Borough] \_or Urban District] of given the
day of 19 ) being a decision that {^state
tJie decision'].
(Signature of Appellant.)
(Address of Appellant.)
(Date.)
Note. — An appeal must be made within seven days of
the date of receipt of notice of the decision to be appealed
against., or if no notice is required to be given to the Appel-
lant., within seven days of the date of the decision.
FORM 10.
The Old-Age Pensions Act, 1908.
Notification to Committee of Appeal having been made.
District Station
No. in Pension Officer's Register
Name of Claimant \_or Pensioner]
To the Local Pension Committee of the County [or
Borough] [or Urban District] of
I hereby give you notice that I have appealed to the
Local Government Board against your decision given the
day of 19 , being a decision that [state
the decision'].
The decision was wrong for the following reasons [state
the reaso7is].
(Sig7iature of Appellant.)
(Address of Appellant.)
(Date.)
6?
FORM II.
The Old-Age Pensions Act, 1908.
Notification to Claimant or Pensioner of Appeal
having been brought.
District Station
No. in Pension Officer's Register
Name of Claimant [or Pensioner]
To the above-named Claimant [or Pensioner].
Take notice that an appeal has been brought against the
decision of the Local Pension Committee that you are
entitled to a pension at the weekly rate of s. The
question will now have to be finally determined by the
Local Government Board.
(Signature of Clerk of Comrnittee.)
(Address of Clerk of Committee.)
(Date.)
FORM 12.
The Old-Age Pensions Act, igoS.
Notice of the Decision of the Local Government
Board.
District Station
No. in Pension Officer's Register
Name of Claimant [or Pensioner]
To the Local Pension Committee of the County [or
Borough] [or Urban District] of
You are hereby informed that the decision of the Local
Government Board upon the claim of the above-mentioned
claimant [or the question raised in reference to the pension
G
68
of the above-mentioned Pensioner] in respect of which an
appeal was made to them by against your
decision thereon, given on the day of , is
as follows [state the decision^
You are forthwith to communicate this decision to the
Claimant {or Pensioner] and to the Pension Officer of the
District.
(Signed,)
Secretary [or an Assistant Secretary^
of the Board.
Or a -person appointed by the Board
to act on their behalf.
(Date.)
FORM 13.
The Old-Age Pensions Act, 1908.
Notification by Committee of Decision of Local
Government Board,
District Station
No. in Pension Officer's Register
Name of Claimant \_or Pensioner]
To the above-named Claimant [or Pensioner] [or to the
Pension Officer.]
You are hereby informed that the decision of the Local
Government Board upon the claim of the above-mentioned
Claimant [or the question raised in reference to your pen-
sion] [or the question raised in reference to the pension of
the above-mentioned Pensioner] in respect of which an
appeal was made to the Board by against the
decision of the Local Pension Committee thereon, given on
the day of , is as follows [state the
decisioii].
(Signature of Clerk of Committee.)
(Address of Clerk of Committee.)
(Date.)
69
FORM 14.
The Old-Age Pensions Act, igo8.
Notification of Appointment of Clerk of Committee
[Sub-Committee].
County \_or Borough] [or Urban District] of
To the Local Government Board.
[The Sub-Committee of] the Local Pension
Committee of the above-named County [or Borough] [or
Urban District] have appointed me, the undersigned, to be
Clerk of the Committee [Sub-Committee].
(Signature of Clerk of Committee
\Sub-C ommittee\)
(Address of Clerk of Committee [Sub-C ommittee]. )
(Date.)
FORM 15.
77z^ Old-Age Peiisions Act, 1908.
Notice of Appointment of Sub-Committee.
County [or Borough] [or Urban District] of
To the Local Government Board.
The Local Pension Committee have appointed Sub-
Committees to act for the following- areas, viz. : —
[give -particulars of the composition of the areas and
the name by which each of tlie Sub-C om^nittees
will be described.']
The following powers and duties of the Committee have
been delegated to the Sub-Committees, viz. : —
(Signature of Clerk of Committee.)
(Address of Clerk of Committee.)
(Date.)
G 2
70
FORM i6.
The Old-Age Pensions Act, 1908.
Statement by Pensioner on Issue of fresh Book of
Pension Orders.
District Station
No. in Pension Officer's Register
Name of Pensioner
I, the above-named Pensioner, hereby state that to the
best of my belief my means have not increased so as to
disentitle me to receive a pension at the weekly rate of
shillings, and that I am not disqualified for
continuing to receive a pension.
(Signature (or mark) of Pettsioner.)
(Date.)
Note. — The Pensiofi Officer is to see that the Pensioner
fully understands the meaning of this statetnent before he
signs it and is to draw his attention to section 9 (i) of the
Act.
SECOND SCHEDULE.
Instructions to Pension Officer as to Investigation of
Claims.
(i) For the purpose of determining the age of any
person, regard may be had to any of the following docu-
ments, viz. : —
Certificate of birth ;
Certificate of baptism ;
Certificate of service in any of the forces of the Crown ;
Certificate of membership of any friendly or provident
society or trade union.
Certificate of marriage.
Kny other evidence which appears sufficient for the
purpose.
71
(2) Where it appears that any person was born in the
British dominions and has not resided out of the British
dominions during the preceding twenty years, he may,
unless there is reason to suspect the contrary, be taken as
being a British subject.
(3) If it appears that any person was not born in the
British dominions, he may prove that he is a British sub-
ject either by producing a naturalisation certificate and
showing that he is the person referred to in the certificate
or by showing that his father was a British subject.
If a person who alleges that he was naturalised is unable
to produce a naturalisation certificate, inquiry may be
made of the Home Office as to whether the person is on
the Register of Naturalised Aliens.
If any person alleges that though born out of the British
dominions he was the child of a British father, he should
be required, if possible, to show whether his father and
his grandfather were born in the British dominions or not.
(4) For the purpose of determining whether a person has
been resident in the United Kingdom, he must be required
to give, if possible, a reference to two persons who have
known him, and to state what his employment, if any, has
been, during the last twenty years.
(5) In any case in which the Pension Officer thinks it
desirable so to do, he may reduce to writing any question
which he desires to put to any person and the answer given
by that person to the question, and may require that person
to sign the answer, or may require any person to fill up
and sign any form.
(6) The Pension Officer shall in every case take all
reasonable steps to obtain the best evidence and informa-
tion which it is reasonably possible to obtain, and make
all such inquiries as appear to him necessary having
regard to the circumstances of the case.
72
APPENDIX A.
CIRCULAR-COUNTY COUNCILS.
OLD-AGE PENSIONS ACT, 1908.
Local Government Board, Whitehall, S.W.,
4th August, 1908.
Sir,
I am directed by the Local Government Board to call
the attention of the County Council to the Old-Age
Pensions Act, 1908, which has just received the Royal
Assent.
The Board propose in a subsequent Circular to deal
more fully with the procedure to be followed in pursuance
of the Act and the Regulations which have to be made
under it in connection with the determination of claims
and questions, and as to the part which is assigned to local
authorities. For the present they confine themselves to
indicating the steps which require to be taken immediately
by the County Council in order to provide the machinery
necessary to carry the measure into effect.
The Act contemplates the setting up of local pension
committees for the consideration and determination of
claims for old-age pensions and questions arising in con-
nection therewith. Subsections (i) and (2) of section 8 of
73
the Act deal with the appointment of local pension com-
mittees and sub-committees. They are as follows : —
"8. (t) The local pension committee shall be a
committee appointed for every borough and
urban district having a population, according to
the last published census for the time being, of
twenty thousand or over, and for every county
(excluding the area of any such borough or dis-
trict) by the council of the borough, district, or
county.
'' The persons appointed to be members of a local
pension committee need not be members of the
council by w^hich they are appointed.
" (2) A local pension committee may appoint such
and so many sub-committees, consisting either
wholly or partly of the members of the com-
mittee as the committee think fit, and a local
pension committee may delegate, either abso-
lutely or under such conditions as they think fit,
to any such sub-committee any powers and duties
of the local pension committee under this Act.
J J
As a very large number of persons will become entitled
to pensions at the beginning of January next, it is im-
portant that the local pension committees and sub-com-
mittees should be appointed at the earliest date practicable
so that the longest possible time prior to the ist January
may be allowed for dealing with applications which will
be made in anticipation of that date.
The Board are anxious therefore that the matter should
be brought before the County Council as soon as this can
be done.
The Regulations to be made under the Act will pro-
bably require a meeting of every council who have to
74
appoint a local pension committee to be held during the
month of August, and there can be no doubt that the
earlier in the month that the pension committee can be
appointed the better. If a meeting will not in the
ordinary course take place before the end of the month,
it will be desirable that a special meeting should at once
be called for the purpose.
It will be noticed that the area for which the committee
will act will be that of the administrative county exclusive
of any borough or urban district containing, according to
the census of 1901, a population of 20,000 or over, and
that the persons appointed to be members of the committee
need not be members of the County Council. The number
of the committee will be fixed by the Regulations to be
issued under the Act at not less than seven nor more than
the total number of members of the Council.
As soon as the local pension committee are appointed,
the immediate questions for them to consider wdll be —
(i) The appointment of sub-committees.
(2) If sub-committees are to be appointed, in what
areas they should act.
(3) What powers and duties of the pension com-
mittee should be delegated to them.
The duties of the committee involve the consideration
of all individual claims, and it is intended that claimants
shall have an opportunity of appearing before them. It
seems to the Board, therefore, that in the case of such
an area as a county it will be necessary for the committee
to delegate their powers and duties generally to local sub-
committees acting in suitable sub-divisions of the area.
The course suggested does in effect involve the placing
of the whole of the work of determining claims and ques-
75
tions in the hands of the sub-committees ; but it seems to
the Board that whatever arrangement may be m.ade here-
after, it will be necessary, in the first instance at any rate,
owing to the large number of claims which will have to
be determined in a short period of time, to sub-divide the
work in such an area as a county, and their view is that if
sub-committees are to be appointed it would lead to diffi-
culties and delays, and would not conduce to efficient
working, if some only of the powers and duties of the
local pension committee were delegated to them.
When the local pension committee have decided to
delegate their powers and duties to sub-committees, the
next step to be taken will be to determine the areas in
which the sub-committees are to act. These sub-divisions
should not be more r.umerous than necessary, but at the
same time should be of such a size as to allow personal
interviews with applicants for pensions being when needed
readily arranged. The pension officers who are to be.
appointed by the Treasury will be the local officers of
Excise. They will have to report to the committees or
sub-committees on each claim and will be in close touch
with those bodies. It will probably be advantageous if
the County Council or the local pension committee put
themselves in communication with the local Supervisors
of Inland Revenue with a vie-w to ascertaining from them
the areas which will be assigned to individual pension
officers, so that the districts of the sub-committees may
correspond, where practicable, with the boundaries of the
districts allotted to the pension officers. It cannot, per-
haps, be expected that the pension officers' areas and those
of the sub-committees shall always coincide, but un-
necessary overlapping may in this way be avoided.
Coming to the constitution of sub-committees, it will be
seen from section 8 (2) of the Act that these bodies must
consist either wholly or partly of members of the local
pension committee. It will, therefore, be necessary that
76
at least one member of every sub-committee should be a
member of the pension committee. The Regulations to be
issued under the Act may be expected to provide that the
number of members of the sub-committee shall be not less
than live nor more than nine. The Council or the com-
mittee may be able to obtain, by communication with the
local authorities, with local branches of trade unions, with
friendly societies and similar bodies, and from other
sources available to them, the names of suitable and repre-
sentative persons whose services may be utilised on the
sub-committees.
Even if the local pension committee cannot be at once
appointed, it may be possible in the interval to obtain
preliminary information which will be useful afterwards
in connection with the delimitations of sub-committees'
districts and the appointment of the members of those
bodies.
It is hoped that forms in which persons desiring to
obtain pensions may make their claims will be available
at the post offices by the ist October, and it is desirable
that the committees or sub-committees who will be called
upon to consider them should be able to set to work soon
after that date. The Board recognise that the time is
short for making all the needful arrangements, and they
have taken the earliest opportunity of drawing the atten-
tion of the County Council to the matter. They have no
doubt that the County Council will do all in their power
to organise the necessary machinery for administering the
Act.
I am. Sir,
Your obedient Servant,
S. B. PROVTS,
Secretary.
The Clerk to the County Council.
77
CIRCULAR— COUNCILS OF BOROUGHS
AND URBAN DISTRICTS WITH
POPULATIONS OF 20,000 OR OVER.
OLD-AGE PENSIONS ACT, 1908.
Local Government Board, Whitehall, S.W.,
4th August, 1908.
Sir,
I am directed by the Local Government Board to call the
attention of the Council to the Old- Age Pensions Act, 1908,
which has just received the Royal Assent.
The Board propose in a subsequent Circular to deal more
fully with the procedure to be followed in pursuance of the
Act and the Regulations which have to be made under it
in connection with the determination of claims and questions,
and as to the part which is assigned to local authorities.
For the present they confine themselves to indicating the
steps which require to be taken forthwith by the council in
order to provide the machinery necessary to carry the
measure into effect.
The Act contemplates the setting up of local pension
committees for the consideration and determination of
claims for old-age pensions and questions arising in
connection therewith. Sub-sections (i) and (2) of section 8
78
of the Act deal with the appointment of local pension
committees and subcommittees. They are as follows: —
"8. (i) The local pension committee shall be a com-
mittee appointed for every borough and urban
district, having a population according to the
last published census for the time being of
twenty thousand or over, and for every county
(excluding the area of any such borough or
district) by the council of the borough, district, or
county.
" The persons appointed to be inembers of a local
pension committee need not be members of the
council by which they are appointed.
"(2) A local pension committee may appoint such and
so many sub-committees, consisting either wholly
or partly of the members of the committee as
the committee think fit, and a local pension
committee may delegate, either absolutely or
under such conditions as they think fit, to any
such sub-committee any powers and duties of the
local pension committee under this Act."
As a very large number of persons will become entitled
to pensions at the beginning of January ne<t, it is important
that the local pension committees and subcommittees
should be appointed at the earliest date practicable, so that
the longest possible time prior to the ist January may be
allowed for dealing with applications which will be made in
anticipation of that date.
The Regulations to be made under the Act will probably
require a meeting of every council who have to appoint a
local pension committee to be held during the month of
August. If a meeting will not in the ordinary course take
place before the end of the month, a si)ecial meeting should
be called for the purpose. The number of the committee
79
will be fixed by the Regulations at not less than seven nor
more than the total number of members of the council.
As soon as the local pension committee are appointed,
the immediate questions for them to consider will be —
(i) Whether sub-committees should be appointed.
(2) If sub-committees are to be appointed, in what
areas they should act.
(3) What powers and duties of the local pension
committee should be delegated to them.
The duties of the committee involve the consideration of
all individual claims and it is intended that claimants shall
have an opportunity of appearing before them. It seems to
the board, therefore, that where the area of the council is so
populous that a single committee cannot conveniently deal
with all the claims and questions that may be expected to
come before them, it will be advisable for the committee to
appoint subcommittees to act in suitable subdivisions of
the area, to whom the whole of the work of determining
claims and questions may be delegated.
The areas in which the sub-committees are to act should
not be more numerous than necessary, but at the sam.e time
should be of such a size as to allow personal interviews
with applicants for pensions being when needed readily
arranged. The pension officers, who are to be appointed
by the Treasury, will be the local officers of excise. They
will have to report to the committees or sub-committees on
each claim and will be in close touch with those bodies.
If the area is to be sub-divided, it will probably be advan-
tageous that the council or the local pension committee
should put themselves in communication with the local
supervisors of Inland Revenue with a view to ascertaining
from them the areas which will be assigned to individual
pension officers, so that the districts of sub-committees may
correspond where practicable with the boundaries of the
8o
districts allotted to the pension officers. It cannot,
perhaps, be expected that the pension officers' arears and
those of the sub-committees shall altogether coincide, but
unnecessary overlapping may in this way be avoided.
It will be seen from Section 8 (2) of the Act that the
sub-committees must consist wholly or partly of members
of the local pension committee. The Regulations to be
issued under the Act may be expected to provide that the
number of members of a sub-committee shall not be less
than five nor more than nine. The council will, no doubt,
be able without difficulty to obtain from various sources,
including local branches of trade unions or friendly or
other societies, the names of suitable and representative
persons whose services may be utilised if desired on the
local pension committee or on the sub-committees.
It is hoped that forms in which persons desiring to obtain
pensions may make their claims will be available at the post
offices by the ist October, and it is desirable that the
committees or sub-committees who will be called upon to
consider them should be able to set to work soon after that
date. The Board recognise that the time is limited for
making all the needful arrangements, and they have taken
the earliest opportunity of drawing the attention of the
council to the matter. They have no doubt that the
council will do all in their power to organise the necessary
machinery for administering the Act.
I am Sir, your obedient servant,
S. B. PROVIS,
Secretary.
The Town Clerk
or
The Clerk to the Urban District Council.
[The Local Government Boards of Scotland and Ireland sent
Circulars similar in effect to their Local Authorities.]
gl
CIRCULAR-COUNCILS APPOINTING
LOCAL PENSION COMMITTEES.
THE OLD-AGE PENSIONS ACT, 1908.
Local Government Board, Whitehall, S.W.,
2 1 St August, 1908.
Sir,
1. I am directed by the Local Government Board to
forward, for the information of the Council, advance
copies of the Regulations under section 10 of the Old- Age
Pensions Act, 1908 (8 Edw. VIL c. 40). The Board
take this opportunity of drawing attention to certain points
in connection with the Act and Regulations.
2. The general scheme of the measure is, as the council
are aware, to provide old-age pensions for poor persons
of 70 years of age and upwards.
3. Although in the Act and Regulations and in this
Circular the pensioner is spoken of as masculine, it will
be understood that according to the rules of legislative
interpretation the scheme applies both to men and women.
It also applies to them whether they are married or single.
4. The Act provides that every person in whose case
certain conditions are fulfilled shall be entitled to receive
a pension so long as those conditions continue to be ful-
filled and he is not disqualified under the Act.
82
Statutory Conditions and Disqualifications.
5. The statutory conditions which have to be fulfilled
to entitle a person to a pension are the following : —
(i) He must have attained the age of 70.
(2) He must satisfy the pension authorities that for
at least 20 years up to the date of the receipt
of any sum on account of a pension he has
been a British subject, and has had his resi-
dence, as defined by the Regulations, in the
United Kingdom.
(3) He must satisfy the pension authorities that his
yearly means as calculated under the Act do
not exceed ^31 los.
6. Besides fulfilling the statutory conditions, the
claimant or pensioner must not be subject to any of the
disqualifications prescribed by the Act. The following
are the circumstances under which he will be disqualified
for receiving or continuing to receive an old-age pension.
(i) While he is in receipt of any poor relief (other than
relief of the kind mentioned in the next paragraph) and,
until the 31st December, 19 10, unless Parliament other-
wise determines, if he has at any time since the ist
January, 1908, received, or hereafter receives, any such
relief.
The classes of relief which are excepted and which will
not be considered as poor relief for the purposes of old-
age pensions are : —
(a) Any medical or surgical assistance (including
food or comforts) supplied by or on the recom-
mendation of a medical officer ; or
(h) any relief given to any person by means of the
maintenance of any dependant of that person
in any lunatic asylum, infirmary or hospital,
or the payment of any expenses of the burial
of a dependant ; or
83
(c) any relief (other than medical or surgical assist
ance, or relief herein-before specifically
exempted) which by law is expressly declared
not to be a disqualification for registration as
a Parliamentary elector, or a reason for de-
priving any person of any franchise, right or
privilege.
(2) If, before he becomes entitled to a pension, he has
habitually failed to work according to his ability, oppor-
tunity, and need, for the maintenance or benefit of him-
self and those legally dependent upon him. A person
will not, however, be disqualified under this paragraph if
he has continuously for 10 years up to attaining the age
of 60, by means of payments to friendly, provident or
other societies, or trade unions, or other approved steps,
made such provision against old age, sickness, infirmity,
or want or loss of employment as is recognised as proper
provision for the purpose by the Regulations. Moreover,
any such provision, when made by the husband in the case
of a married couple living together, will as respects any
right of the wife to a pension, be treated as provision
made by the wife as well as by the husband.
(3) While he is detained in any asylum within the
meaning of the Lunacy Act, 1890, or w^hile he is being
maintained in any place as a pauper or criminal lunatic.
(4) During the continuance of any period of disquali-
fication arising or imposed in pursuance of subsections (2)
and (3) of section 3 of the Act in consequence of convic-
tion for an offence.
The subsections referred to in the last paragraph are
as follows : —
(2) " Where a person has been before the passing of
this Act, or is after the passing of this Act,
convicted of any offence, and ordered to be
imprisoned without the option of a fine or to
H
84
(3)
( (
suffer any greater punishment, he shall be dis
qualified for receiving or continuing to receive
an old-age pension under this Act while he is
detained in prison in consequence of the order,
and for a further period of lo years after the
date on which he is released from prison."
Where a person of 60 years of age or upwards
having been convicted before any court is
liable to have a detention order made against
him under the Inebriates Act, 1898, and is not
necessarily, by virtue of the provisions of this
Act, disqualified for receiving or continuing to
receive an old-age pension under this Act, the
court may, if they think fit, order that the
person convicted be so disqualified for such
period, not exceeding 10 years, as the court
direct."
Amount of Pension.
7. The amount of the pension will depend upon the
yearly means of the pensioner as calculated under the
Act, and will be as shown in the following table : —
Means of Pensioner.
Rate of Pension
Per Week.
S.
d.
Where the yearly means of tlie pensioner —
Do not exceed ;(^2 1
$
Exceed jC2i. but do not exceed ;^23 12s. 6d. ...
4
Exceed ^^23 12s. 6d., but do not exceed ^^26 5.S.
3
Exceed ;(^26 5s., but do not exceed ^^28 17s 6d.
2
Exceed /^zS 17s, 6d., but do not exceed ;^3i los.
I
A per.son whose means exceed ^^i los. will not be
entitled to receive a pension.
8q
Constitution and Proceedings of Committees.
8. Before dealing with the procedure to be followed in
the making and determination of claims for pensions, it
may be convenient to refer briefly to provisions which are
contained in the Regulations as to the constitution and
proceedings of the local pension committees and sub-
committees.
9. The Board in their circular of the 4th August have
indicated generally the proceedings to be taken for con-
stituting these committees, and in many cases preliminary
steps will doubtless have already been taken in the matter.
It will be observed from Regulation 36 that the meeting
for the appointment of the local pension committee must
be held before the end of the present month or at such
later date as the Board may allow. The first meeting of
the committee will be convened by the clerk of the council
as soon as may be after the committee has been appointed.
If the appointing council so direct, the first meeting of the
committee may be held immediately after its appointment
without any notice, but where there are persons who are
members of the committee and are not members of the
council, the meeting cannot be held unless these persons
have been informed of their appointment and given an
opportunity of attending. Attention is also drawn to the
detailed provisions on the subject contained in section 8 of
the Act and in Regulations 21 to 24, inclusive.
10. Each committee and sub-committee when appointed
will have to appoint some fit person as their clerk and to
make arrangements for the holding of their meetings.
Immediately upon his appointment the clerk of every
committee and sub-committee is to notify his appointment,
together with his name and address, to the Board. In so
doing he should follow the terms of Form 14 in the First
Schedule to the Regulations. Under Regulation 23 the
committee may assign to their clerk or to the clerk of a
H 2
86
sub-committee such remuneration as they think fit, not
being in excess of the scale fixed for the purpose by the
Treasury.
11. Regulation 22 entitles a committee or sub-com-
mittee to use free of charge (except such charge as may be
approved by the Treasury for heating, lighting, or clean-
ing) at all reasonable times and after reasonable notice
any ofiices of any local authority situate in the area for
which the committee are appointed. If a question arises
as to what is reasonable, it may be determined by the
Board. Thev have little doubt that local authorities
generally will be willing to facilitate the operations of the
committees by permitting them to use such accommodation
as they may have available. As soon as the committees
are established, the question of arranging for the holding
of their meetings will be one of the first matters claiming
attention.
12. If in any case there are no ofiices of a local
authority available for use by a committee, and the com-
mittee are unable to obtain the use of any room free of
charge, they may hire a room for their meetings, but the
cost of hiring must not exceed the scale fixed by the
Treasury.
Sub-Committees.
13. Except that the number of members of a sub-
committee must not be less than five nor more than nine,
and that the remuneration of the clerk will be assigned
by the committee, and that in the case of a sub-committee
Regulation 21 must be read with the substitution of the
committee for the appointing council and of the sub-
committee for the committee. Regulations 21 to 23 apply
equally to sub-committees as to committees.
14. As soon as sub-committees are appointed notice
should be given by the clerk of the local pension com-
87
mittee, in accordance with Form 15 in the First Schedule
to the Regulations, to the Board and to each Supervisor
of Inland Revenue in the area of the council by whom
the committee are appointed. A name should be given
to each sub-committee's district, and the notice should
specify the area comprising each district (this should be
either the names of the parishes or sanitary districts in-
cluded in it), the name assigned to the district, and the
powers and duties which have been delegated to the sub-
committees.
Forms for use by Committees.
15. It will be seen that the Regulations provide a
number of forms for use by the committees and sub-
committees in dealing with claims and questions. The
Board are arranging for the printing of the Forms
number 3, 4A, 4B, 5A, 5B, 6, 7, 8a, 8b, 9, 10, 11, and 13,
and a supply of these forms will be sent for the use of
committees and sub-committees as soon as they are ready
Further supplies can be procured when required free of
charge on requisition to the Controller of His Majesty's
Stationery Office, Prince's Street, Storey's Gate, S.W.
16. For the purpose of the ready identification of the
forms used by each committee or sub-committee a space
will be found in the top right hand corner of each form,
and the Board suggest that each clerk should provide
himself with a rubber stamp, which should not be more
than I J inches high and 2| inches wide, bearing the name
of the committee or sub-committee, thus : —
Reading
Local Pension Committee
or
Easthampstead Sub-Committee
OF the
Berkshire
Local Pension Committee
which may be used for stamping in the space provided.
^s
The words *' District " and '' Station " with which thfe
forms are generally headed are intended to signify the
district of the Supervisor of Inland Revenue, and the
station assigned to the local pension officer respectively.
Procedure on Making and Determination of
Claims for Pension.
17. The course of procedure to be taken for the purpose
of obtaining a pension will be as follows.
18. The claimant will in the first instance have to fill
up a form of claim. This form he will be able to procure
without charge at any post office at the end of September,
and the postmaster will at his request give him assistance
in filling it up. The form is prescribed in the First
Schedule to the Regulations (Form i). It is designed to
show primarily whether the claimant fulfils the statutory
conditions mentioned above. It is intended that pensions
should be payable at a particular post office to be desig-
nated by the claimant in his form of claim, and in most
cases no doubt this will be the post office at which he will
attend to receive the form.
19. Forms may also be obtained from the pension
officers who will be referred to later. When filled up the
claimant must sign the form of claim (or if he cannot
write must affix his mark to it) in the presence of a witness
who will also sign it, and the form must then be delivered
to the postmaster of the post office at which the claimant
desires that the pension if granted should be payable, or
to the pension officer.
20. Section 9 (i) of the Act renders any person who
knowingly makes a false statement or false representation
in connection with a claim for a pension liable to six
months' imprisonment with hard labour, and a copy of
this section will be printed on the form of claim.
89
21. When the claim has been made and signed and
delivered to the postmaster, the procedure for deciding
and adjudicating upon the claim can begin. The three
main points to be determined are : —
(i) Whether the claimant satisfies the statutory con-
ditions.
(2) Whether he is subject to any of the dis-
qualifications.
(3) Assuming that his yearly means as calculated
under the Act exceed ^21 and are less than
£7,1 los., at what figure they are to be taken
to stand.
22. The authorities engaged in the determination of the
claims and questions arising in connection with them will
be the pension officers and the local pension committees,
or where the powers and duties of the committees in the
determination of claims and questions have been delegated
to sub-committees, those sub-committees. It will be
understood that in the remainder of this Circular refer-
ences to committees must be read as applying to sub-
committees where those bodies are in existence and acting
on behalf of the committees in this matter. The pension
officers will be appointed by the Treasury, and it is
intended to appoint for this purpose the local officers of
Excise. Each of these will act in a defined area.
23. Claims when made have first to be investigated by
the pension officer of the area in which the claimant
resides. After investigation he will report upon them and
will send the claims and his report to the committee for
their decision.
24. Regulation 7 provides that every postmaster upon
delivery to him of a claim to a pension shall, unless the
committee appointed for the area in which the claimant
resides direct that claims shall be sent to the committee,
forthwith send the claim to the pension officer. The
Board suggest that at present no such direction should be
9°
given by the committee. It seems to them that it is desir-
able, in the first instance, when the number of claims to
be made will be very large, that no time should be lost
in the process of getting the claims into the hands of the
pension officers so that the work of investigation may
proceed at once.
25. The pension officer will make the necessary investi-
gations into the claims and take such other steps as he may
be directed or as may appear to him to be expedient to
elucidate any points of doubt or obscurity in the case.
Some instructions to him are included in the Second
Schedule to the Regulations, and others will no doubt be
given to him through the Board of Inland Revenue as
circumstances require.
26. The pension officer will at intervals send to the
committee acting for the area in which the claimants
reside the claims he has received, together with his reports
upon them, a statement of the inquiries he has made in
reference to them and the results of those inquiries, and
unless he is satisfied that the yearly means of a claimant
do not exceed jQ2i, in which case if the claimant is other-
wise qualified he would be entitled to the maximum pen-
sion of 5s. a week, a summary of the income, property
and other yearly means of the claimant, in order to guide
the committee in determining the amount of the pension
to which he may be entitled. All the documents apper-
taining to each claim should be filed in due order and
kept together.
27. If any claims are received direct by the committee
they must be sent at once to the pension officer within
whose district the claimant resides. The committee
should not proceed to consider or determine any claim
until they have before them the report of the pension
officer upon it.
28. On receiving from the pension officer the documents
91
mentioned above, the clerk of the committee must arrange
for a meeting of the committee within seven days. Not
less than three days before the meeting notice of the time
and place of meeting giving the names of the claimants
whose claims are to be considered at the meeting (see
Form No. 3 in the First Schedule to the Regulations)
must be sent to the pension officer. Notice of the meeting
should also be given to each member of the committee.
The pension officer is entitled to attend any meeting of the
committee and to speak but not to vote thereat.
29. The committee will at the meeting consider the
claims which are before them, together with the report of
the pension officer and any other evidence or information
which they may receive, and they may if they think neces-
sary require the pension officer to procure any further
information which it is in his power to obtain in reference
to any matter to be considered by them.
30. Cases in which the pension officer considers that the
claimant is entitled to receive a pension and the committee
agree with him will present little or no difficulty. In all
cases, how^ever, in which the committee on the information
before them think that the matter ought to be decided
adversely to the claimant they are required by the regu-
lations to give the claimant an opportunity of being heard.
If the claimant, or someone on his behalf, is not in attend-
ance at the meeting the consideration of the matter must
be adjourned, and notice (Form 6) must be sent to the
claimant acquainting him with the fact, and stating that
he is entitled to attend and be heard, if he so desire, at
the meeting at which the matter will again come up for
consideration. The subsequent meeting must be held not
more than one month after the original meeting.
31. If in any case the committee disagree as respects
any matter with the report of the pension officer, the
Regulations require that the committee shall not give their
final decision on the claim without making such further
92
investigation as they think necessary. In such a case it
will usually be desirable to give the pension officer an
opportunity of making any further representations that
he thinks fit upon the claim, and if necessary prosecuting
supplemental investigations upon it.
32. When the committee have come to any decision
upon a claim, they should annex to the file of papers
relating to the claim a statement of their decision, and
the Board will supply the committee with forms for the
purpose adapted to show the name and address of the
claimant, with the effect of the decision, e.g., claim
allowed or disallowed, as the case may be. Where a
claim is allowed the weekly rate of the pension and the
date from which it is to commence should be stated, and
where a claim is disallow^ed the grounds upon which it
has been disallowed should be given. The date of the
decision should be inserted, and the statement should be
authenticated by the signature of the chairman or the
clerk of the committee.
T^^. Notice of the decision should forthwith be given
l^y the clerk of the committee to the claimant and the
pension officer in Forms 4 a and 4B, or 5 a and 5B, as the
case may require, and the date on which these notices are
sent should be indicated upon the paper containing the
statement of the decision.
Appeals from Decisions of Committee.
34. Section 7 (i) (c) of the Act provides for an appeal
being made to the Board by the pension officer or any
person aggrieved against a decision of the pension com-
mittee.
35. Form 4B notifying to the pension officer the decision
of the committee allowing a claim, and Form 5A notifying
to a claimant the decision of the committee disallowing
his claim have a paragraph appended to them intimating
that an appeal may be made and the mode of making it.
93
36. For the purpose of making an appeal Forms 9
and 10 must be used. A stock of these forms will be in
the hands of each committee, and a copy of each form
must be supplied by the clerk of the committee, free of
charge, to any person who desires to appeal. Before
parting with them, the clerk should stamp them in the
space at the right hand top corner with the name of the
committee, and mark them with the number assigned to
the case in the committee's register, and, in the case of
any appellant, other than the pension officer, who makes
a personal application for the forms, he should explain
generally the process by which an appeal may be made.
37. The notice of appeal (Form 9) must be filled up
with particulars which will be obtainable from the notice
of decision of the committee and must be signed by the
appellant or, if he cannot w^-ite, he must affix his mark
in the presence of a witness whose signature will be
appended. The date on which it is sent to the Board
must not be later than seven days after the day on which
the notice of decision of the committee was received by
the claimant, or, if the appellant is a person who has not
received a notice (that is to say a person other than the
claimant or the pension officer), within seven days of the
date of the decision. Thus, if the claimant received the
notice of decision on the 7th day of the month, the appeal
must be sent off not later than the 14th. When the form
has been duly filled up, signed and dated, it should be
folded up and posted to the Local Government Board,
whose address will be on the back of the form.
38. At the same time as he sends off Form 9 to the
Board, the appellant must send or deliver Form 10 to the
clerk of the committee. This form is a notification to the
committee of the appeal having been made and it is neces
sary that it should also state the grounds upon which the
appellant considers that the decision against which he
appeals was wrong. If he has any documentary evidence
94
in support of his appeal, it should be annexed to Form lo.
The clerk of the committee on receiving from the pension
officer or any person other than the claimant notification
of an appeal having been made against the allowance of a
claim, must send to the claimant a notice in Form ii
informing him that an appeal has been brought.
39. The clerk will annex Form 10 and any document
that may accompany it to the file of papers relating to the
claim, and at once send to the Board the whole file in-
cluding all documents concerning the claim which may be
in the possession of the committee. He may append any
further memorandum on the subject if he thinks fit, but
he should not delay the dispatch of the papers on that
account. If the Board find it necessary to communicate
with the committee or the pension officer before deciding
the appeal they will do so. In some cases they may find
it expedient to direct local investigation to be made before
deciding the appeal.
40. The decision of the Board will be communicated to
the committee in a form corresponding to Form 12 in the
First Schedule to the Regulations. On receiving this
form the clerk of the committee should at once send
Form 13 communicating the Board's decision to the pen
sion officer and the claimant, and should the appellant be
neither of these persons, a form should be sent to him
also.
Proceedings on Decision becoming Final.
41. When seven days have elapsed from the date of
receipt by the pension officer or the claimant of the notice
of decision of the committee, if no appeal has been made
the decision of the committee will become final and con-
clusive. If any appeal is made the decision of the Board
upon it will similarly be final and conclusive. When this
stage has been reached the clerk of the committee, after
95
first entering a due record of the case in the register
mentioned below, is required to send the claim and all
documents relating thereto, which are in the possession of
the committee, to the pension officer. The Board will
themselves, after the decision on an appeal has been
given, send to the pension officer the documents which
thev have received from the committee.
Provisional Claims.
42. The Act permits claims to be allowed provisionally,
that is to say, before the date at which the pension will
become payable. As in accordance with section 12 no
person will be entitled to receive a pension until the
ist January, 1909, all the claims allowed before that date
will be provisionally allowed. The Regulations, more
over, provide for claims being made and provisionally
allowed at any time not exceeding four months before the
date on which the claimant will become entitled to receive
his pension, and thus it is probable that provisional allow-
ance will come to be the normal practice. It will obviously
be convenient to the pension authorities that claims should
be made in good time, so that opportunity may be given
for their being properly investigated and determined
before the date when the claimant would be entitled to a
pension. And since, under section 5 (2) of the Act, the
pension will not commence to accrue until the claim has
been allowed, if the claimant defers making a claim until
he has reached the age of 70, or has otherwise become
entitled to receive a pension, he will have to wait until his
claim has been investigated and finally allowed before he
can begin to draw his pension, and so may lose some
weeks' payments which he would otherwise have received.
Provision as to Evidence.
43. In determining claims the committee will no doubt
be largely guided by the investigations made by the pen-
96
sion officer. In some cases these may be supplemented
by further information which they may themselves possess,
but the committee will not be required to undertake inde-
pendent investigations. They may, however, call upon
the pension officer to procure further evidence if he can
do so. Regard may be had not only to strictly legal
evidence such as would be admissible in a Court of law,
but to any such evidence as is in the opinion of the com-
mittee sufficient for the purpose, and is the best informa-
tion which it is reasonably possible to obtain.
44. In connection with questions as to the fulfilment of
the statutory condition as to residence or questions arising
under the proviso to section 3 (i) (b) of the Act, the com-
mittee will take note of the special provisions on these
subjects contained in Regulations 29 and 30.
Determination of Questions.
45. Besides deciding upon original claims for pensions,
the committee will also have to adjudicate upon questions
of various kinds that may arise under the Act, such as
questions whether a pensioner is or is not disqualified for
continuing to receive a pension, whether a pensioner is
entitled to receive a pension at a higher rate than that
which he is at the time receiving, or whether the statutory
conditions continue to be fulfilled.
46. Questions of this kind may be raised by the pen-
sioner, or may originate w4th the pension officer, but how-
soever arising they will in the first instance fall to be
investigated by the pension officer, and the procedure for
determining them will generally follow that laid down
for the consideration of claims. The committee will
receive from the pension offxer a report on any such
question, and will deal with it generally in the same
manner as they deal with claims. Forms 7, 8a, and 8b,
in the First Schedule to the Regulations are to be used in
dealing with such questions. Appeals may be made
97
against decisions of the committee on questions in the same
way as against decisions on claims.
Register of Cases Dealt with by Committee.
47. Regulation 2^ requires the clerk of every committee
to keep a record, in such form and containing such par-
ticulars as the Board direct, of all claims and questions in
respect of which a report is sent to the committee by the
pension officer and of the decision of the committee
thereon. The Board propose shortly to issue an Order
prescribing the form of register in which this record shall
be kept.
48. The functions of the committee do not extend to
supervising the payment of the pensions, nor are they
required to consider questions of the continuance of quali-
fication for pension, unless such questions are brought
before them by the pension officer for determination. No
reference is, therefore, made in this Circular to these
matters.
49. Various points in connection with the expenses of
the committees are dealt with in the Financial Instructions
for Pension Committees and Sub-Committees issued by
the Treasury, a copy of which accompanies this letter.
Correspondence on matters of finance should be addressed
to the Treasury, Whitehall, S.W.
I am, Sir,
Your obedient Servant,
S. B. PROVIS,
Secretary.
To
The Clerk of the County Council
or
The Town Clerk
or
The Clerk to the Urban District Council.
98
CIRCULAR TO BOARDS OF GUARDIANS.
THE OLD-AGE PENSIONS ACT, 1908.
Eocal Government Board, Whitehall, S.W.,
Toth October, 1908.
Sir,
I am directed by the Local Government Board to
state, for the information of the board of guardians,
that, under No. 35 of the Old-Age Pensions Regulations
which have been made under the Old-Age Pensions Act,
1908, by the Treasury in conjunction with the Board and
the Postmaster- General, it is provided that —
" for the purpose of enabling a pension officer to
ascertain whether any person is disqualified by
reason of the receipt of poor relief for receiving or
continuing to receive a pension, every officer or
person acting in the administration of the relief of
the poor shall, if so requested to do by the pension
officer, supply to the pension officer such informa-
tion as it is in his power to give as respects any
person who is or has been in receipt of poor relief. ' '
The Board have been in communi(^ation with the Com-
missioners of Inland Revenue on the subject of this
Regulation, and they understand that the ordinary pro-
cedure which the pension officers will adopt under it will
be to send to the clerk to the guardians a list of the names
and addresses of any claimants for pensions as to whom
information is needed, with an inquiry whether any such
99
claimant or any member of his family is or has been in
receipt of any poor relief within the meaning of section 3
(i) (a) of the Act. This procedure will of course not
prevent the pension officer from obtaining information
informally from relieving officers.
The Board have no doubt that the guardians and their
officers will be willing to co-operate with the pension
officers in the matter and afford them all such information
as they may require. If, in the opinion of the guardians,
the extra labour involved in so doing demands the pay-
ment of some small extra remuneration to any officer, it
will be open to them to make a payment out of their
funds for the purpose. It is understood that the pension
officers have no funds out of which such payments can be
made.
A copy of the Act and of the Regulations made under
it is enclosed for the information of the guardians.
I am, Sir,
Your obedient Servant,
S. B. PROVIS,
Secretary.
To the Clerk to the Guardians.
lob
CIRCULAR TO COUNCILS APPOINTING
LOCAL PENSION COMMITTEES, AND TO
LOCAL PENSION COMMITTEES AND
SUB-COMMITTEES.
OLD-AGE PENSIONS ACT, 190S.
Local Government Board, Whitehall, S.W.,
27th October, 1908.
Sir,
I am directed by the Local Government Board to
forward copies of the Regulations which have now been
made under section 10 of the Old-Age Pensions Act, 1908
(8 Edw. VIL, c. 40). These Regulations supersede the
Provisional Regulations which were issued in August last.
The Regulations now made are for the most part
identical with the Provisional Regulations. Apart from a
few alterations which are merely verbal, the following are
the points on which the new Regulations differ from the
Provisional Regulations : —
No. 19. Words have been added to paragraph (2)
of this Regulation requiring that a committee on
receiving notice of any decision of the Board on an
appeal by a person aggrieved other than the claimant
or pensioner, shall send information of such decision
to that person as well as to the pension officer and to
the claimant or pensioner.
No. 22. This Regulation has been slightly altered
with the object of making it clear that the right of
a sub-committee to the use of offices of a local
authority extends to any such offices in the area of
the council of the count}, borough, or urban district
by whom the local })ension committee are appointed,
and is not confined to offices within the area of the
sub-committee.
A proviso has also been added to paragraph (3)
of the Regulation directing that, except with the
sanction of the Board, a committee or sub-committee
shall not hold a meeting on any licensed premises.
lOT
nor shall any such premises be used without such
sanction as an office of the committee or sub-com-
mittee, or for any purpose of or incidental to their
business. The sanction of the .Board in any such
case is only to be given when no other suitable room
is available, either free of charge or at a cost not
exceeding the scale fixed by the Treasury. For the
purpose of the Regulation, the expression ''licensed
premises " is defined by paragraph (4) of the Regula-
tion to mean premises licensed for the sale of
intoxicating liquor, and to include any club at which
such liquor is supplied.
No. 24. A proviso has been added to paragraph (2)
of this Regulation, to enable the Board, in special
circumstances, to authorise a smaller or a greater
number of members of a sub-committee than that
specified in the Regulation.
No. 31. Some alteration has been made in
paragraph (2) of the Regulation, with respect to the
disposal of documents by the pension officers.
No. ^6. Paragraph (i) of this Regulation has been
altered to bring it up to date. It requires that every
council by whom a local pension committee has not
already been appointed shall forthwith hold a meeting
for the purpose of appointing such committee.
No. 38. This Regulation is new. It provides that
everything done in ])ursuance of the Provisional Regu-
lations shall, notwithstanding anything contained in
the present Regulations, be deemed to have been
validly done, and have full effect accordingly.
I am, Sir, your obedient Servant,
S. B. PROVIS, Secretary.
The Clerk to the County Council or
Urban District Council,
or
The Town Clerk,
or
The Clerk to the Local Pension Committee or
Sub-Committee.
I 2
I02
[SCOTLAND.]
Local Government Board, Edinburgh,
22nd August, 1908.
OLD-AGE PENSIONS ACT 1908.
General Provisions.
Sir,
The Board have ah'eady in their Circular of yih instant
directed the attention of county and town councils to the
provisions of the above Act, and, as indicated in that
Circular, they now wish to refer to the Act in more detail,
with special reference to the Regulations which have been
made under section 10. Two copies of the Regulations are
enclosed.
The general scheme is, as you are aware, to provide old-
age pensions in accordance with the scale set forth in the
Schedule to the Act for persons of 70 years of age and
upwards. Such persons will not be entitled to a pension
until the first day of January, 1909, and no pension will
begin to accrue until that day. Although in the Act and
Regulations and in this Circular the pensioner is spoken of
as masculine, it will be understood that, in accordance with
section i of the Interpretation Act, 1889, the scheme
applies both to men and women. It also applies to them
whether they are married or single.
Every person in whose case certain conditions are fulfilled
will be entitled to receive a pension so long as these con-
I ©3
ditions continue to be fulfilled and he is not disqualified
under the Act. The receipt of an old-age pension is not to
deprive the pensioner of any franchise right or privilege, or
subject him to any disability.
Statutory Conditions and Disqualifications.
The statutory conditions are laid down in section 2 of
the Act as follows : —
" I. The person must have attained the age of seventy.
" 2. The person must, for at least twenty years up to
the date of the receipt of any sum on account
of a pension, have been a British subject and
have had his residence, as defined by Regula-
tions under this Act, in the United Kingdom.
" 3. The means of the person, as calculated under this
Act, must not exceed thirty-one pounds ten
shillings."
The term " residence " is defined by Regulation 29.
There are certain disqualifications attaching to persons
otherwise qualified to receive pensions which are enumer-
ated in section 3 of the Act.
Central Pension Authority and Pension Officers.
The Central Pension Authority is the Local Government
Board for Scotland, who may act through such committee,
persons, or person appointed by them as they think fit.
Pension officers are to be appointed by the Treasury in
such numbers and for such areas as the Treasury think
desirable. The Board will in due course notify each
committee and sub-committee of the name and address of
the pension officer in charge of its area.
I04
Local Pension Committees and Sub-Committees.
The Board in their Circular of 7th instant alluded to
the appointment of local pension committees and sub-
committees. Regulation 21 deals with the constitution and
with the proceedings of these committees. The local
pension committee is to consist of such number of persons,
not being less than seven nor more than the number of the
council by whom the committee is appointed, as the council
may determine, and the quorum is in no case to be less
than three. The persons appointed to be members of a
local pension committee need not. however, be members of
the council by which they are appointed.
As indicated in their Circular of the 7th instant, one of
the most important questions for the local pension com-
mittees to consider is whether sub-committees should be
appointed, and, if so, for what areas. As already pointed
out, a local pension committee may appoint sub-committees
consisting either wholly or partly of members of committee
as the committee think fit. In the large counties and burghs
the Board think it will be absolutely necessary to appoint
sub-committees. Each sub-committee must consist of such
number of members, not being less than five nor more than
nine, as the local pension committee may determine. The
districts into which counties are divided for the purposes of
the Local Government Act of 1889 may, in some counties,
form suitable pension areas. Where these are too extensive
the county council electoral divisions would naturally
suggest themselves as pension areas. Two or more of such
divisions might be combined, and county councillors
representing these divisions might serve on the sub-
committee. In large burghs the municipal wards, or
combination of wards, might likewise serve as pension
areas
I05
It is, in the opinion of the Government, very desirable,
to secure the direct representation of workmen's associa-
tions on the sub committees, and the Board accordingly
suggest that appointing councils, and the local pension
committees who contemplate appointing subcommittees
might, with advantage, communicate with local branches
of trade unions, with friendly societies and similar bodies,
and with other available sources, with a view to the nomi-
nation of suitable and representative persons to serve on
such local pension committees and sub-committees. It
should also be kept in view that women are eligible for
service on these committees.
Immediately sub-committees are appointed, the clerk to
the local pension committee must notify the Board and such
pension officer as the Board direct, in accordance with
form 15 in the first schedule to the Regulations. A name
should be assigned to each sub-committee's district, and the
notice should specify such names, the area comprising each
district, and the powers and duties which have been dele-
gated to the sub-committees.
&
First Meeting of Local Pension Comnnittee.
The first meeting of the committee is to be convened by
the clerk of the appointing council as soon as may be after
the committee has been appointed. This meeting may,
subject to the proviso in Regulations 36 (3), be held without
any notice immediately after the appointment of the
committee.
Clerks to Committees.
Every committee and sub-committee must appoint some
fit person to be clerk of the committee, who will hold
office during the pleasure of the committee. The remu-
io6
neration of the clerk is dealt with in the Financial Instruc-
tions hereafter referred to. It will be noted, however, that
Regulation 23 (4) provides that in the case of a sub-
committee the remuneration will be assigned by the local
pension committee.
The clerk of every committee must, immediately on his
appointment, notify to the Board the appointment, together
with his name and address. In doing so he should follow
the terms of form 14 in the First Schedule to the Regula-
tions.
The Board propose shortly to issue an Order prescribing
the form of register which, by Regulation 23. the clerk of
every committee is required to keep.
Office Accommcdation.
Section 10 (i) (c) of the Act provides for Regulations
being framed in regard to the use by the local pension
committee, with or without payment, of any offices of a
local authority. Regulation 22 provides that the local
pension committee shall, for the purpose of any of the
meetings of the committee, be entitled to use free of charge
(except a charge for heating, lighting, or cleaning) at all
reasonable times and after reasonable notice, any offices of
any local authority situate in the area for which the
committee or sub-committee is appointed.
The Board trust that any local authority, on application
being made to them, will endeavour to assist the local
pension committee or sub-committee by providing them
with the necessary accommodation. Where accommodation
in the chambers or offices of the appointing councils is not
available, the Board would suggest the schools as the most
convenient place for meetings, and there should be no
107
difficulty in arranging for the use of them. If such offices
and schools are not available, provision is made for hiring
such room as may be required for the purpose of any
meeting of the committee. The cost of hiring is dealt with
in the Financial Instructions hereafter mentioned.
If any question arises under Regulation 22 as to what
is reasonable it may be determined by the Board.
Making of Claims.
The method of making claims is explained in Regulations
6 and 7. Any person who desires to make a claim may do so
by filling up a form (prescribed in Schedule I. of Regulations)
and delivering the form, when filled up, either to the
postmaster of the post office at which he desires that the
pension should be payable or to the pension officer.
Forms of claim may be obtained gratis from any postmaster,
who will, if requested by the claimant, afford him assistance
in filling up the form. When filled up, the form of claim
must be signed by the claimant (or, if he cannot write, the
form must have his mark affixed to it) in the presence of a
witness, who will also sign it. If any person knowingly
makes any false statement or false representation, he shall
be liable on summary conviction to imprisonment for a term
not exceeding six months, with hard labour.
Every postmaster, upon delivery to him of a claim to a
pension, shall, unless he has received from the committee
appointed for the area in which the claimant resides
directions that claims shall be sent to the committee,
forthwith send the claim to the pension officer. The Board
suggest that at present no such direction should be given
by the committee. It seems to them that it is desirable, in
the first instance, when the number of claims to be made
io8
will be very large, that no time should he lost in the process
of getting the claims into the hands of the pension officer,
so that the work of investigation may proceed at once.
Investigation and Determination of Claims by
Pension Officers and Committees.
The investigation and determination of claims by pension
officers and committees is fully dealt with in Regulations 8 to
1 6 inclusive.
The pension officer is required to keep a register of all
claims, and to enter in the register such particulars as the
Treasury may direct of every decision of the committee or
of the Local Government Board. The pension officer is to
investigate the claim in such manner as he thinks best fitted
for ascertaining the truth of the particulars stated in the claim,
and, as soon as his investigations are complete, he is to
report thereon to the committee or sub-committee as the
case may be. Some instructions to the pension officer are
included in the Second Schedule to the Regulations, and
others will no doubt be given to him through the Board of
Inland Revenue as circumstances require.
The committee or sub-committee, not later than seven
days after the receipt of the report of the pension officer,
are to consider the claim. The pension officer is entitled
to attend any meeting held for considering any claim, and
to speak but not to vote thereat. The committee or sub-
committee may require the pension officer to procure any
further information which it is in his power to procure in
reference to any matter to be considered by th i committee.
Regulation 12 prescribes the manner in which notices of
meetings for considering claims shall be given. The
P
ension officer must be informed of all meetings. In
&"
T09
«.
many cases the committee may find it expedient to ask the
pension officer to attend. His presence would often enable
the committee to obtain additional information where such
was necessary, and might obviate the adjournment of the
meeting which is contemplated and provided for in Regula-
tion 14.
Where it is found necessary to adjourn a meeting for
further consideration' of a claim, such adjourned meeting
must take place not more than one month after the date of
the original meeting. The claimant is entitled to attend
and to be heard at any such adjourned meeting,
Where a claim is disallowed, the notice to be sent to the
claimant shall state that the claimant is entitled to appeal to
the Central Pension Authority, and the grounds upon which
the claim has been disallowed must also be stated.
Provisional Claims.
Regulation 16 provides that a claim may be made and
provisionally allowed at any time not exceeding four months
before the date on which the claimant will become entitled
to receive his pension. It is probable that such provisional
allowance will come to be the normal practice. It will
obviously be convenient to the pension authorities that
claims should be made in good time, so that opportunity
may be given for their being properly investigated and
determined before the date when the claimant would be
entitled to a pension. And since, under section 5 (2) of
the Act, the pension will not commence to accrue until the
claim has been allowed, if the claimant defers making a
claim until he has reached the age of 70, or has otherwise
become entitled to receive a pension, he will have to wait
until his claim has been investigated and finally allowed
THE ' \
r ]
l^^'IVERSITY
no
before he can begin to draw his pension, and so may lose
some weeks' payments which he would otherwise have
received.
Raising and Determination of Questions.
It is provided by Regulation 17 that if any pensioner
desires to raise any question as to the weekly rate of pension
to which he is entitled he may send a statement of his case
to the pension officer, who is to investigate and report on
the question in the same manner mutatis imita7idis as he
is required to do so in the case of a claim. Likewise
provision is made for the pension officer raising and bringing
before the comn)ittee or sub-committee any question as to
the continuance in the case of a pensioner of the fulfilment
of the statutory conditions, or as to the disqualification of
the pensioner, or any question as to the weekly rate of
pension, and the committee or sub-committee are to consider
and determine the question in the same manner as in the
case of a claim.
Appeals from Decisions of the Committee.
Section 7 (i) (c) of the Act provides for an appeal being
made to the Board by the pension officer or any person
aggrieved against a decision of the pension committee.
For the purpose of making an appeal, forms 9 and 10
must be used. A stock of these forms will be in the hands
of each Committee, and a copy of each form must be
supplied by the clerk of the committee, free of charge, to
any person who desires to appeal. Before parting with
them, the clerk should mark them in the space at the right
hand top corner with the name of the committee, and, in
the case of any appellant other than the pension officer who
Ill
makes a personal application for the forms, he should
explain generally the process by which an appeal may be
made.
The notice of appeal (form 9) will be filled up with par-
ticulars which will be obtainable from the notice of decision
of the committee, and must be signed by the appellant, or,
if he cannot write, he must affix his mark in the presence of
a witness, whose signature will be appended. The date on
which it is sent to the Board must not be later than seven
days after the day on which the notice of decision of the
committee was received by the claimant, or, if the appellant
is a person who has not received a notice (that is to say, a
person other than the claimant or the pension officer),
within seven days of the date of the decision.
At the same time as he sends off form 9 to the Board the
appellant must send or deliver form 10 to the clerk of the
committee. This form is a notification to the committee
of the appeal having been made, and it is necessary that
it should also state the grounds upon which the appellant
considers that the decision against which he appeals was
wrong. If he has any documentary evidence in support of
his appeal, it should be annexed to form 10. The clerk of
the committee, on receiving from the pension officer or any
person other than claimant, notification of an appeal having
been made against the allowance of a claim, must send to
the claimant a notice in form 1 1 informing him that an
appeal has been brought.
The clerk will annex form 10, and any document that
may accompany it, to the file of papers relating to the
claim, and at once send to the Board the whole file,
including all documents concerning the claim which may
be in the possession of the committee. He may append
any further memorandum on the subject if he think fit, but
1I2
he should not delay the dispatch of the papers on that
account. If the Board find it necessary to communicate
with the committee or the pension officer before decidnig
the appeal they will do so. In some cases they may find it
expedient to direct local investigaiion to be made before
deciding the appeal.
The decision of the Board will be communicated to the
committee in a form corresponding to form 1 2 in the First
Schedule to the Regulations. On receiving this form the
clerk of the committee should at once send form 13, com-
municating the Board's decision to the pension officer and
the claimant, and should the appellant be neither of these
persons, a form should be sent to him also.
Proceedings on Decision becoming Final.
When seven days have elapsed from the date of receipt
by the pension officer or the claimant of the notice of
the decision of the committee, if no appeal has been made
the decision of the committee will become final and con-
clusive. If any appeal is made the decision of the Board
upon it will similarly be final and conclusive. When this
stage has been reached the clerk of the committee, after
first entering a due record of the case in his register, is
required to send the claim and all documents relating
thereto, which are in the possession of the committee, to
the pension officer. The Board will themselves, after the
decision on an appeal has been given, send to the pension
officer the documents which they have received from the
committee.
Refusal or Neglect of Committees to Consider
Claims or Questions,
Regulation 20 provides for an application to the Board
under paragraph {d) of sub-section i of section 7 of the
ii3
Act by a person aggrieved by the refusal or neglect of a
committee to consider a claim, or determine any question,
and applies to such applications the provisions of the
Regulations relating to the procedure of the Board on
appeals.
Payment of Pensions and Expenses of
Committees.
The functions of the committees do not extend to super-
vising the payment of the pensions, nor are they required
to consider questions of the continuance of qualification for
pension, unless such questions are brought before them by
the pension officer for determination.
Various points in connection with the expenses of the
committees are dealt with in the Financial Instructions for
Pension Committees and Sub-Committees issued by the
Treasury, copies of which accompany this circular. Corres-
pondence on matters of finance should be addressed to the
Treasury, Whitehall, S.W.
Regulation 25, as applied to Scotland by Regulation 3,
provides for the immediate payment of the expenses of
committees.
Forms.
A supply of the necessary forms prescribed by the Regu-
lations will be sent for the use of committees and sub-
committees in due course. Further supplies can be procured,
when required, free of charge, on requisition to the Clerk-
in-charge, H.M. Stationery Office, 26, St. James's Square,
Edinburgh.
It will be observed tliat, in order to enable all claims
made during the year 1908 to be investigated and deter-
1 14
mined, whenever possible, before ist January, 1909,
Regulation 37 empowers the Board and the Treasury, if
they see fit, to make orders declaring the appointment of
any committee to be valid notwithstanding any defect in
the appointment thereof, or dispensing with compliance
with any of the Regulations, or to make any orders or give
any directions otherwise necessary for the purpose of
bringing the Act into effect.
I am, Sir,
Your obedient Servant,
G. FALCONAR-STEWART.
To the County Clerk,
or
The Town Clerk.
1^5
Local Government Board, Edinburgh,
14th October, 1908.
THE OLD-AGE PENSIONS ACT, 1908.
Sir,
I am directed by the Board to state, for the informa-
tion of the parish council, that, under No. 35 of the
Old-Age Pensions Regulations which have been made
under the Old-Age Pensions Act, 1908, by the Treasury
in conjunction with the Board and the Postmaster-General,
it is provided that —
" for the purpose of enabling a pension officer to
ascertain whether any person is disqualified by
reason of the receipt of poor relief for receiving or
continuing to receive a pension, every officer or
person acting in the administration of the relief
of the poor shall, if so requested to do by the
pension officer, supply to the pension officer such
information as it is in his power to give as respects
any person who is or has been in receipt of poor
relieL"
The Board understand that the ordinary procedure
which the pension officers will adopt under this Regulation
will be to send to the inspector of poor a list of the names
and addresses of any claimants for pensions as to whom
information is needed, with an inquiry whether any such
claimant or any member of his family is or has been in
receipt of any poor relief within the meaning of
section 3 (i) (a) of the Act. This procedure will of
K
Tl6
course not prevent the pension officer from obtaining
information informally from the inspectors of poor.
The Board have no doubt that the parish councils and
their officers will be willing to co-operate with the pension
officers in the matter and afford them all such information
as they may require. If, in the opinion of the parish
council, the extra labour involved in so doing demands
the payment of some small extra remuneration to any
officer, it will be open to them to make a payment out of
their funds for the purpose. It is understood that the
pension officers have no funds out of which such pay-
ments can be made.
A copy of the Act and of the Regulations made under
it will be forwarded, if desired, on application.
I am. Sir,
Your obedient Servant,
G. falconar-stp:wart,
Secretary.
To the Inspector of Poor.
1 1
Local Government Board, Edinburgh,
29th October, 1908.
OLD-AGE PENSIONS ACT, 1908.
Sir,
The Board direct me to enclose for your information
two copies of the Old- Age Pensions Regulations, 1908,
dated 15th October, 1908, which supersede the Pro-
visional Regulations issued on 20th August last, and
referred to in the Board's Circular, No. IIL, 1908.
Your attention is directed to the following alterations
and additions, viz. : —
No. 19 (2). — In cases where the appellant is not the
claimant or pensioner, provision is now made that notice
of the Board's decision must be intimated by the com-
mittee to such appellant. The words added to the
Regulation are — " and likewise (if the appellant is a
person aggrieved other than the claimant or pensioner) to
the appellant.
; ;
No. 2 2 (i). — The words " of the council by " have
been substituted for the word '' for " in the second last
line of this Regulation. This will enable a sub-committee
to go outwith its own area to secure offices for meetings
if no convenient or suitable offices are available in its own
area.
No. 22 (3). — An important provision has been added to
this Regulation. A pension committee are not to hold
meetings on, or to use as an office of the committee,
K 2
ii8
licensed premises unless with the sanction of the Board.
The additional words are : —
" And (b) except with the sanction of the Local
Government Board (which sanction shall only be
given when no other suitable room is available
either free of charge or at a cost not exceeding
such scale as aforesaid) a committee shall not
hold a meeting on any licensed premises, nor
shall any such premises be used, without such
sanction, as an office of the committee or for any
purpose of or incidental to the business of the
committee."
No. 2 2 (4). — The expression " licensed premises " is
defmed as follows : —
" And the expression * licensed premises ' means
premises licensed for the sale of intoxicating
liquor, and includes any club at which such
liquor is supplied."
No. 24 (2). — A proviso is added, giving the Board
power in special circumstances to authorise a smaller or
a greater number of members of a sub-committee than that
fixed by the Regulation. The proviso reads : —
" Provided that the Local Government Board may
in special circumstances authorise a smaller or a
greater number."
No. 31 (2). — The disposal of documents dealing with
claims or questions is now regulated thus : —
•' Subject as hereinafter provided, the pension officer
shall preserve all such documents for such
period after the date of the decision on the
claim or question, as the Treasury may deter-
mine, and on the expiration of that period they
shall be destroyed or otherwise disposed of in
such manner as the Treasury may direct."
iig
No. ;^6 (i). — This " temporary provision " has been
amended so that " every council by whom a local pension
committee has not been appointed before the date of these
Regulations shall forthwith hold a meeting for the pur-
pose of appointing the committee, and the council shall
have full power to appoint the committee at that meeting
or any adjournment thereof, notwithstanding that any
standing orders or regulations relating to the notices to
be given of business to be transacted at meetings of the
council have not been complied with." It is satisfactory
to note, however, that in Scotland all the local pension
committees have now been appointed.
No. 38. — This is a new provision and reads as
follows : —
" These Regulations shall be deemed to have had
effect as from the 28th day of August, 1908.
" Provided that anything done in pursuance of the
Provisional Regulations made under the Act on
the 20th day of August, 1908, shall, notwith-
standing anything in these Regulations, be
deemed to have been validly done and have full
effect accordingly."
Additional copies of the Regulations may be had, on
application, for the use of the members of your council
or committee.
I am, Sir,
Your obedient Servant,
G. FALCONAR-STEWART,
Secretary.
lo
The County Clerk,
or
The Town Clerk,
or
The Clerk to the Local Pension Committee
or Sub-Committee.
120
[IRELAND.]
Local Government Board,
Dublin,
8th August, 1908.
Sir,
Adverting to their Circular Letter of the 4th instant, on
the subject of the Old- Age Pensions Act, 1908, I am
directed by the Local Government Board for Ireland to
state that, in view of the limited time which will be available
for the consideration of the claims for pensions accruing in
January next, the Board deem it advisable, without waiting
for the publication of the Regulations of the Treasury, to
issue, herewith, copies of an explanatory memorandum as
to the steps to be taken by each council and pension com-
mittee in Ireland in order to bring the provisions of the Act
into operation.
As some councils are holding their ordinary meetings
next week, the Board have prepared this memorandum
without delay from an advanced proof of the Regulations,
and they have no doubt that the instructions contained
therein will be of immediate use in the event of any
questions being raised in reference to the procedure at the
meetings to be held for the purpose of appointing the
pension committees.
121
The Act and the Regulations will be forwarded as soon
as possible, and I am to request that in the meantime you
will be good enough to forward a copy of the memorandum
to each member of your council.
I am, Sir,
Your obedient Servant,
(Signed) H. COURTENAY,
Assistant Secretary
To the Secretary
of each County Council,
and
The Clerk of each Borough and
Urban District, having a
Population of over 10,000.
LOCAL GOVERNMENT BOARD LOR IRELAND.
OLD-AGE PENSIONS ACT.
INSTRUCTIONAL MEMORANDUM.
I. The county councils and urban district councils have
had before them the Board's Circular Letter of the 4th
instant relating to the meetings to be held during the
present month in order to put into operation the provisions
of the Old-Age Pensions Act, and this Memorandum refers
to the further preliminary arrangements to be made for the
establishment of the local pension committees, upon whom,
in conjunction with the pension officers to be appointed by
the Treasury, determination of claims for pensions will
devolve.
122
Appointment of Local Pension Committee by
the Council.
2. The first step to be taken by the council at this meet-
ing is the appointment of the local pension committee
referred to in section 8 (i) of the Act. At this liieeting, or
at any adjournment thereof, the council may appoint the
local pension committee, irrespective of any standing orders
relating to notices to be given or business to be transacted.
3. The council will observe from the Act that the mem-
bers of the pension committee need not necessarily be
members of the council, and it will be for the council to
determine the number of persons outside their own body (if
any) who should be appointed on the committee. The
total number of the committee must not exceed the number
of the appointing council, and must not be less than seven.
4. In considering the selection of the person to act on
the pension committee, the council should bear in mind
that the local sub-committees, upon whom the consideration
of claims for pensions will in most cases ultimately fall, will
be appointed by the pension committee and not by the
council. If, therefore, in the case of a county the council
desire that all the councillors representing the county
electoral divisions should take part in the selection of these
important committees, they can effect this object by appoint-
ing every member of the council upon the pension com-
mittee in the first instance, thus leaving it to the council, in
the capacity of pension committee, to determine the con-
stitution of the sub-committees, the duties to be delegated
to them, and the areas over which they will act. Where
sub-committees are not considered necessary the council,
in appointing the local pension committee will, doubtless,
avail themselves of their right to select members from out-
123
side their own body. This, however, is a matter which
the Act leaves entirely to the discretion of the appointing
council.
The council must send notice to the Local Government
Board of the appointment of the committee, immediately
upon its formation.
5. Having appointed the committee, the council must
then fix a date and place for the first meeting of the
committee, and this date must be within fourteen days of
the meeting at which the committee is appointed. It will
be the duty of the clerk of the council to convene the
meeting upon the date fixed.
Appointment of Sub-Committees by the Pension
Committee,
6. Each sub-committee must consist of not more than
nine members and not less than five. It must be composed
either wholly or partly of members of the local pension
committee, and it will, therefore, be necessary that at least
one member of every sub-committee should be a member
of the pension committee.
7. In the urban districts with a population not much in
excess of the 10,000 limit the pension committee may find
themselves able to dispense with sub-committees : but in
the larger cities and counties the Board believe that it
would be quite impossible to do so. A single committee
in a county or large city would scarcely find time to deal
with all the applications which would come before them by
the I St January next, and it not likely that they would be in
possession of sufficient knowlege of the people in every part
of their district to facilitate them in the consideration of
claims.
124
8. The Board therefore beheve that at all events until the
claims of all the persons at present eligible for pensions are
disposed of, nearly every pension committee outside the
urban districts above referred to will find it necessary to
appoint sub-committees ; and where this is agreed upon, the
pension committee will then have to determine the number
of such sub-committees, the areas for w^hich they are to be
appointed, and whether they will delegate their powers and
duties absolutely to the sub-committees or only in part.
The decision of the committee upon these points must be
forthwith notified to the Local Government Board.
Selection of Areas and Delegation of Powers to
Sub-Committees by the Pension Committee.
9. The question of the number of sub-committees and
the area to be assigned to each is a most important one, and
it will probably be found advisable to select well-known and
well-defined areas which are wholly within the county,
rather than to form entirely new combinations. In sparsely
populated districts the rural district might in many cases be
suitable, while in populous areas and the congested districts
of the westj dispensary districts or the petty sessions dis-
tricts might probably be convenient units. In cities a
combination of municipal wards might answer in some cases,
but on these points each committee must be guided by
considerations of the extent and population of its own area.
10. The question as to whether the duties of the pension
committee should be delegated wholly or in part to the sub-
committees, is one which the committee should not decide
until they have studied the procedure laid down in the
Regulations regarding the determination of claims for
125
pension. The Local Government Board's opinion, based
upon a full consideration of these Regulations is, that, if
such committees are appointed at all, it is better that the
entire work of determining claims should be left to the sub-
committees, and provided the local pension committee take
care that they are adequately represented on each sub-
committee their influence over the general administration
of the Act would, no doubt, be fully maintained.
If the local pension committee were themselves to under-
take the consideration of the pension officers' reports in the
case of large counties, claimants for pension who may be
called to appear before the pension committee, would be
put to great hardship if they had to travel long distances to
the committee, and even if the investigations and personal
interviews were delegated to the sub committees, and the
pension committee retained in their own hands the final
decision in each case, the correspondence and possible
friction between the central committee and the sub-com-
mittees, and the labour and travelling imposed upon the
pension officers would complicate and delay procedure and
militate against the smooth and successful working of the
Act.
Appointment of Clerks to Committee.
II. If the duties of the pension committee are delegated
absolutely to the sub-committees, a clerk for the pension
committee may not be required permanently, but each sub-
committee must appoint a permanent clerk who shall hold
office during their pleasure, and whose remuneration must
be within the scale fixed by the Treasury by whom all the
expenses of the committee up to an amount approved by
them will be reimbursed. Upon his appointment the clerk
126
must immediately notify his name and address to the Local
Government Board.
12. The duties of the clerk will not, in the Board's
opinion, be sufficient in the majority of cases to occupy his
entire time after the first series of applications has been
dealt with, but care should be taken to appoint some well
qualified and experienced person to the post, who would be
competent to conduct the correspondence of the committee,
to keep their accounts, and to give them intelligent assis-
tance in carrying out the regulations and the Act of
Parliament.
Financial Arrangements,
13. The funds of the committee for the payment of
immediate expenses must be advanced in the first instance
by the councils, but they will subsequently be repaid by the
Treasury. Instructions relating to receipts and disburse-
ments by the committee will no doubt be issued by the
Treasury to the committees in due course.
Forms of Application for Pensions.
14. The forms of application for pensions will be
available at the post offices in October, and these forms
when filled up by the applicants will be sent by the post
office officials to the pension officers whose reports and
recommendations thereon will be transmitted to the com-
mittee in due course.
Pension Officers.
15. the pension officer, who will be under the control of
the Commissioners of Inland Revenue, will shortly be
appointed, and the Board understand they will be officers
of Excise.
127
Duties of Committees.
1 6. The duties of the pension committee, or sub-
committee, in adjudicating upon the report and recom-
mendations of the pension officer with respect to each
claim for an old-age pension are very fully set out in
clauses 8 to 19 of the Regulations. It is hoped that the
Regulations will be issued before the first meeting of the
pension committee is held.
It is essential to the proper administration of the Act that
every member of the committee and sub-committee should
carefully study this part of the Regulations, and for this
reason the Local Government Board consider it inexpedient
to attempt to put before them any abbreviated summary of
the committee's obligations and responsibilities under these
clauses. The Board have no doubt that the pension com-
mittees recognizing the important duties which have been
entrusted to them by Parliament will spare no effort to
ensure that the beneficent intentions of the Act are carried
out in Ireland in a judicious and careful manner.
Local Government Board (Ireland),
Dublin,
7th August, 1908.
128
CIRCULAR.
Local Government Board,
Dublin,
22nd August, 1908.
Sir,
Adverting to their previous Circular Letters on the subject
of the Old-Age Pensions Act, 1908, I am directed by the
Local Government Board for Ireland to forward, herewith,
copies of the Regulations which have been made under
section 10 of the Act. The financial arrangements of
committees, the remuneration of the clerks, and other
similar matters, have been made the subject of a special
instructional Circular by the Treasury, copies of which are
also enclosed. Further copies will be forwarded as soon as
an additional supply is received.
The Board have observed that in many districts local
authorities acting upon the Instrucdonal Memorandum
which was issued in anticipation of the pubHcation of the
Regulations, have already appointed pension committees,
and it is hoped that the members of committees will qualify
themselves by a careful perusal of the Regulations for the
proper fulfilment of the important duties devolving upon
them. Copies of an alphabetical index to the Act, Regu-
lations, and Financial Instructions are sent herewith, but if
there is any point on which any committee desire to be
advised, the Local Government will be very glad to
afford them any assistance in their power.
The Local Government Board will supply for use by each
committee, a stock of the forms prescribed by the First
129
Schedule to the Regulations, and any further supply which
may be required may be obtained from His Majesty's
Stationery Office, Custom House, Dublin. Copies of forms
14 and 15, which will be required immediately, are sent
herewith.
The Board are in communication with the Commissioners
of Inland Revenue as to the pension officers to be appointed
for the various districts.
I am. Sir,
Your obedient Servant,
(Signed) H. COURTENAY,
Assistant Secretary.
To the Secretary
of each County Council,
and
The Clerk of each Borough and
Urban District, having a
Population ot 10,000 and over,
LOCAL GOVERNMENT BOARD FOR IRELAND.
OLD-AGE PENSIONS ACT, 1908.
TREASURY REGULATIONS AND
FINANCIAL INSTRUCTIONS.
Local Government Board, Dublin,
8th September, 1908.
Sir,
I am directed by the Local Government Board for
Ireland to direct your special attention to the provisions
contained in the above-named Act, Regulations, and
Instructions with respect to the expenses of pension com-
mittees, sub-committees, and officers.
The provisions contained in the Act under this head are
set forth generally in section 10, subsections (i) (c)
and (4), but are dealt with more specifically in the Regu-
lations and Instructions.
The clauses of the Regulations dealing with this sub-
ject which require your special attention are Nos. 22, 23,
25, and 28 (2).
The Financial Instructions as a whole deal with the
subject of expenses and must be carefully studied.
It will be necessary in view of the quarterly recoup-
ment of expenses of pension committees by the Treasury,
that each local authority shall keep the details of expen-
13^
ditiire and recoupments in connection with the work of
the committees apart from the ordinary expenditure and
receipts.
For this purpose special columns should be used in the
financial statement books of receipts and expenditure
(Forms i and 2, Public Bodies Order, 1904).
The total amount expended in each quarter should be
posted from Form 2 to a special " Old-Age Pensions "
account in the ledger ; and any amounts recouped by the
Treasury within the financial period should be carried
from Form i to that account.
The balance of the account, being the amount not
recouped within the financial period, should be carried,
in suspense, to the balance-sheet as a special item of the
treasurer's balance, pending recoupment or audit.
I am, Sir,
Your obedient Servant,
H. COURTENAY,
Assistant Secretary.
To
The Secretary of each County Council,
and
The Clerk of each Borough or Urban District
having a population of 10,000 or over.
132
[IRELAND.]
Local Government Board, Dublin,
8th October, 1908.
Sir,
I am directed by the Local Go\'ernment Board for
Ireland to state, for your information, that it has been
represented to the Board that certain pension officers who
are now investigating the claims of persons for old-age
pensions under the Old- Age Pensions Act, 1908, are
unable to finally decide these claims, as they have in
some cases been unable to obtain particulars of persons
in receipt of poor relief from some clerks of unions.
In this connection the Board desire to draw attention
to Article 35 of the Old- Age Pension Regulations, 1908
(copy herewith), which provides that " for the purpose
of enabling the pension officer to ascertain whether any
person is disqualified by reason of the receipt of poor
relief for receiving or continuing to receive a pension,
every officer or person acting in the administration of the
relief of the poor shall, if so requested to do by the
pension officer, supply to the pension officer such infor-
mation as it is in his power to give as respects any person
who is or has been in receipt of poor relief."
1 am accordingly to point out that the clerk of a union
will incur serious responsibility if he fails to furnish par-
ticulars as required by this Regulation, and thereby delays
the granting of pensions to old people who may be entitled
to them.
The Board feel sure that, their attention having been
called to this matter, the clerks of unions throughout
Ireland will do all in their power to facilitate the pension
officers in the investigation of claims for pensions.
I am, Sir,
Your obedient vServant,
A. R. BARLAS,
Secretary.
The Clerk of the Union.
L 2
134
APPENDIX B.
FINANCIAL INSTRUCTIONS
FOR PENSION COMMITTEES AND
SUB-COMMITTEES.
I. The remuneration of the clerks to pension committees
and sub-committees will be by fees at such rates (inclusive
of out-of-pocket expenses) as may be fixed by the pension
committee of each local authority within the following
scale : —
(i) For general incidental expenses, including office
accommodation (see paragraph 5) : —
(a) Committees of counties (excluding the
County of London) : — s. d.
For every 1,000 or part of 1,000
of total population of the area
served by the committee Per
quarter - - - - - 2 6
{l>) Committees of the County of London,
county boroughs, boroughs, and urban
districts : —
For every 1,000 or part of 1,000
of total population of the area
served by the committee Per
quarter - - - - -10
(2) For claims and questions (inclusive of postage
and incidental expenses in connection with
such claims and questions) : —
^35
s. d.
{a) For each claim or question dealt with in
each quarter by a committee or sub-
committee, not exceeding 20 in all - 5 o
{^) For each claim or question in excess of
20 - - - - - - - 2 6
For the purposes of this paragraph "claim" means a
claim to a pension considered upon report after investiga-
tion by the pension officer (Regulation 9 (i)). No fee will
be payable in respect of claims not investigated by that
officer which may be the subject of a special report under
the proviso to that Regulation. " Question " means a
question with regard to an existing pension raised and
determined upon the report of the pension officer under
Regulation 17.
2. The fees for general incidental expenses (including
office accommodation) to be paid to the clerk to the
pension committee and to each of the clerks of such sub-
committees as they may appoint, will be fixed by the
committee at such amount in each case as they may think
proper, provided that the total does not exceed the
maximum for the area served by the committee calculated
on the basis of the total population of that area in accor-
dance with the scale laid down in paragraph 1 (i). No
fee will be payable in respect of any period prior to ist
October, 1908.
'I'he committee will transmit to the Treasury through the
clerk of the appointing council complete schedules of the
fees approved from time to time for each clerk, and the
accounts will be dealt with in accordance with the schedule
last submitted. Whenever any alteration or revision takes
place, a new and complete schedule will be required.
3. The fees in respect of claims and cjuestions will be
calculated upon the work of each committee or sub-
136
committee separately, provided that not more than one fee
will be payable in respect of each claim or question. In
case of any claims or questions being dealt with in the first
instance by a sub-committee and afterwards referred to the
committee, or vice versa, one-half of the total number of
such claims will, for the purpose of applying the scale laid
down in paragraph i (2), be counted as having been dealt
with by the sub-committee, and one-half as having been
dealt with by the committee.
4. The use of the offices of a local authority is to be
obtained for meetings of sub-committees and committees
free of charge (except a charge not exceeding 2s. 6d. per
meeting for heating, lighting, or cleaning), whenever such
offices are available (Regulation 22).
Where such offices are not available a charge for hire of
a room not exceeding los. 6d. in respect of each meeting
will be passed in the accounts, subject to the production of
a proper voucher and upon a certificate by the clerk of the
county, borough or urban district council by whom the
committee is appointed, that he has satisfied himself that
no offices of a local authority were available.
5. The greater part of the correspondence of clerks will
be by means of forms, which will be supplied free of charge
by the Stationery Office upon requisition. These will be
entitled to free transmission through the post. The
inclusive fees laid down in paragraph i are intended to
cover the cost of stationery and postage for any other
correspondence (including notices of meetings of the
committees), the cost of conveying registers and other
documents to and from the meeting, and incidental
expenses generally.
6. Travelling or other expenses incurred by members of
^37
committees or sub-committees or their clerks in connection
with meetings of such committees or sub-committees or
otherwise will not be admitted as a charge against pubHc
funds.
7. There being no power under the Act to repay expenses
incurred by claimants to pensions, such payments can in
no circumstances be admitted for reimbursement.
8. Clerks to pension committees and sub-committees will
render their accounts for fees and expenses to the clerk of
the appointing council at such time and in such manner as
he may direct, to be dealt with by him as provided by
Regulation 25. The clerk of the appointing council will
within one month after the end of each quarter submit a
claim for reimbursement to the Treasury showing in one
account the details of all expenditure defrayed by the
appointing council during the quarter in respect of the
pension committee and all sub-committees in its area, with
the relative vouchers, and the amount expended will be re-
imbursed to him by the Treasury subject to the claim, upon
examination, being found to be in order,
9. In the case of small authorities, when the amounts
necessary to meet the expenses in the first instance cannot
conveniently be advanced out of local funds {see Regulation
25 (2)), the Treasury will be prepared to consider the
question of making advances at the beginning of each
quarter by way of imprest under Regulation 25 (3) upon
receiving an application from the council explaining the
circumstances which make such advances necessary.
Accounts of all expenditure out of such advances must be
rendered quarterly to the Treasury in the same manner and
subject to the same rules as to vouchers, &c., as claims for
reimbursement under paragraph 8. Credit will be allowed
138
thereon for such expenditure as, upon examination, is found
to be in order.
lo. If any question arises necessitating a reference to the
Treasury, or if Treasury sanction is required for any special
or exceptional expenditure by a committee or sub-committee
the clerk to the committee or sub-committee will refer the
matter to the clerk of the appointing council, who will
submit it to the Treasury with his recommendation thereon.
The Treasury cannot in any circumstances undertake to
correspond with committees or sub-committees except
through the clerk of the appointing council.
Treasury Chambers,
Whitehall, S.W.
2oth August, 1908.
Note.
The Treasury are not prepared to authorise the supply of letter
files, boxes, or other office fittings or furniture, payment for use
of which is covered by the allowance for general incidental expenses
(including office accommodation).
139
APPENDIX C.
List of Local Authorities by whom Pension
Oommittees iM/ili be appointed.
(1) ENGLAND AND WALES.
COUNTIES.
Bedfordshire
Berkshire
Buckinghamshire
Cambridgeshire
Cheshire
Cornwall
Cumberland
Derbyshire
Devonshire
Dorsetshire
Durham
Essex
Gloucestershire
Herefordshire
Hertfordshire
Hunts
Isle of Wight
Isle of Ely-
Kent
Lancashire
Leicestershire
Lincolnshire (Holland)
Lincolnshire (Kesteven)
Lincolnshire (Lindsey)
London
Middlesex
Monmouthshire
Norfolk
Northamptonshire
Northumberland
Nottinghamshire
Oxfordshire
Peterborough (Soke of)
Rutlandshire
Salop
Scilly, Isles of
Somersetshire
Southampton
Staffordshire
Suffolk (East)
Suffolk (West)
Surrey
Sussex (East)
Sussex (West)
Warwickshire
Westmorland
Wiltshire
Worcestershire
Yorkshire (East Riding)
Yorkshire (North Riding)
Yorkshire (West Riding)
T40
Anglesey
Breconshire
Cardiganshire
Carmarthenshire
Carnarvonshire
Denbighshire
Accrington
Ashton-under-Lyne
Aston Manor
Bacup
Barnsley
Barrow-in-Furness
Bath
Batley
Bedford
Birkenhead
Birmingham
Blackburn
Blackpool
Bolton
Bootle
Bournemouth
Bradford
Brighouse
Brighton
Bristol
Bromley
Burnley
Burslem
Burton-upon-Trent
Bury
Cambridge
Canterbury
Cardiff
Carlisle
Chatham
Cheltenham
WALES.
Flintshire
Glamorganshire
Merionethshire
Montgomeryshire
Pembrokeshire
Radnorshire
BOROUGHS.
Chester
Chesterfield
Chorley
Colchester
Colne
Coventry
Crewe
Croydon
Darlington
Darwen
Derby
Devonport
Dewsbury
Doncaster
Dover
Dudley
Ealing
Eastbourne
East Ham
Eccles
Edmonton
Exeter
Folkestone
Gateshead
Gillingham
Glossop
Gloucester
Gravesend
Great Yarmouth
Grimsby
Guildford
141
Halifax
Newport (Mon)
Hanley
Northampton
Harrogate
Norwich
Hartlepool
Nottingham
Hastings
Nuneaton
Hereford
Oldham
Heywood
Oxford
Hornsey
Peterborough
Hove
Plymouth
Huddersfield
Poole
Hyde
Portsmouth
Ilkeston
Preston
Ipswich
Ramsgate
Jarrow
Rawtenstall
Keighley
Reading
Kidderminster
Reigate
King's Lynn
Richmond (Surrey)
Kingston-on-Hull
Rochdale
Kingston-on-Thames
Rochester
Lancaster
Rotherham
'Leamington] {See Royal)
Royal Leamington Spa
Leeds
St. Helens
Leicester
Sal ford
Leigh
Salisbury (New Sarum)
Lincoln
Scarborough
Liverpool
Sheffield
Longton
Shrewsbury
Loughborough
Smethwick
Lowestoft
Southampton
Luton
Southend-on-Sea
Macclesfield
Southport
Maidstone
South Shields
Manchester
Stafford
Mansfield
Stalybridge
Margate
Stockport
Merthyr Tyafil
Stockton-on-Tees
Middlesbrough
Stoke-upon-Trent
Middleton
Sunderland
Morley
Swansea
Nelson
Swindon
Ne wcastle-u pon-Ty ne
Taunton
142
Todmorden
Torquay
Tunbridge Wells
Tynemouth
Wakefield
Wallsend
Walsall
Warrington
Wednesbury
West Bromwich
West Ham
West Hartlepool
Widnes
Wigan
Wimbledon
Winchester
Wolverhampton
Worcester
Workington
Worthing
York
URBAN DISTRICTS.
Aberdare
Abertillery
Acton
Aldershot
Barking Town
Barry
Beckenham
Bilston
Blyth
Cannock
Chadderton
Chiswick
Coseley
Ebbw Vale
Enfield
Erith
Farnworth
Felling
Fen ton
Finchley
Gorton
Gosport and Alverstoke
Handsworth
Hebburn
Hendon
Heston and Isleworth
Hindley
Ilford
[nce-in-Makerfield
Kettering
King's Norton and Northfield
Leyton
Llanelly
Mountain Ash
Old bury
Penge
Pontypridd
Radcliffe
Rhondda
Rowley Regis
Shipley
Stretford
Swinton and Pendlebury
Tipton
Tottenham
Tunstall
Twickenham
Wallasey
Walthamstow
Waterloo-with-Seaforth
Watford
Willesden
Wolstanton United
Wood Green
143
(2) SCOTLAND.
COUNTIES.
Aberdeen
Kinross
Argyll
Kirkcudbright
Ayr
Lanark ,
Banff
Linlithgow
Berwick
Nairn
Bute
Orkney
Caithness
Peebles
Clackmannan
Perth
Dumbarton
Renfrew
Dumfries
Ross and Cromarty
Edinburgh
Roxburgh
Elgin
Selkirk
Fife
Stirling
Forfar
Sutherland
Haddington
Wigtown
Inverness
Zetland
Kincardine
BURG-HS.
Aberchirder
Aberdeen
Aberfeldy
Aberlour
Abernethy
Airdrie
Alloa
Alva
Alyth
Annan
Anstruther-Easter
Anstruther-Wester
Arbroath
Ardrossan
Armadale
Auchterarder
Auchtermuchty
Ayr
Ballater
Banchory
Banff
Barrhead
Bathgate
Biggar
144
Blairgowrie
Bo'ness
Bonnyrigg
Brechin
Bridge of Allan
Broughty Ferry
Buckhaven, Methil, &c.
Buckie
Burghead
Burntisland
Callander
Campbeltown
Carnoustie
Castle-Douglas
Clydebank
Coatbridge
Cockenzie
Coldstream
Coupar-Angus
Cove and Kilcreggan
Cowdenbeath
Crail
Crieff
Cromarty
Cullen
Culross
Cumnock and Holmhead
Cupar
Dalbeattie
Dalkeith
Darvel
Denny and Dunipace
Dingwall
Dollar
Dornoch
Doune
Dufftown
Dumbarton
Dumfries
Dunbar
Dunblane
Dundee
Dunfermline
Dunoon
Duns
Dysart
Earlsferry
East Linton
Edinburgh
Elgin
Elie
Ellon
Eyemouth
Falkirk
Falkland
Forfar
Forres
Fortrose
Fort-William
Fraserburgh
Galashiels
Galston
Gatehouse
Girvan
Glasgow
Gourock
Govan
Grangemouth
Grantown
Greenock
Haddington
Hamilton
Hawick
Helensburgh
Huntly
Innerleithen
Inveraray
Inverbervie
Invergordon
Inverkeithing
145
Inverness
Inverurie
Irvine
Jedburgh
Tohnstone
Keith
Kelso
Kilmarnock
Kilrenny
Kilsyth
Kilwinning
Kinghorn
Kingussie
Kinning Park
Kinross
Kintore
Kirkcaldy
Kirkcudbright
Kirkintilloch
Kirkwall
Kirriemuir
Ladybank
Lanark
Langholm
Largs
Lasswade
Lauder
Laurencekirk
Leith
Lerwick
Leslie
Leven
Linlithgow
Loanhead
Lochgelly
Lochgilphead
Lochmaben
Lockerbie
Lossiemouth
Macduff
Markinch
Maxwelltown
Maybole
Melrose
Millport
Milngavie
Moffat
Monifieth
Montrose
Motherwell
Musselburgh
Nairn
Newburgh
New Galloway
Newmilns and Greenholm
Newport
Newton-Stewart
North Berwick
Oban
Old Meldrum
Paisley
Partick
Peebles
Penicuik
Perth
Peterhead
Pittenweem
Pollokshaws
Port-Glasgow
Portsoy
Prestonpans
Prestwick
Queensferry
Rattray
Renfrew
Rosehearty
Rothes
Rothesay
Rutherglen
St. Andrews
T46
Saltcoats Thurso
Sanquhar Tillicoultry
Selkirk Tobermory
Stewarton Tranent
Stirling Troon
Stonehaven Turriff
Stornoway Whitburn
Stranraer Whithorn
Stromness Wick
Tain Wigtown
Tayport Wishaw
147
(3) IRELAND,
COUNTIES.
Antrim
Londonderry
Armagh
Longford
Carlovv
Louth
Cavan
Mayo
Clare
Meath
Cork
Monaghan
Donegal
Queen's Co.
Down
Roscommon
Dublin
Sligo
Fermanagh
Tipperary, North Riding
Galway
Do. South Riding
Kerry
Tyrone
Kildare
Waterford
Kilkenny
Westmeath
King's Co.
Wexford
Leitrim
Wicklow
Limerick
COUNTY BOROUGHS.
Belfast
Limerick
Cork
Londonderry
Dublin
Waterford
Ballymena
Clonmel
Drogheda
Dundalk
Galway
Kilkenny
Kingstown
Lisburn
URBAN DISTRICTS.
Lurgan
Newry
Pembroke
Portadown
Rathmines and Rathgar
Sligo
Wexford
M
148
APPENDIX D.
THE NATURALIZATION ACT, 1870.
{33 ^^ict., c. 14.)
An Act to amend the Law relating to the legal
condition of Aliens and British subjects.
Short Title.
1. This Act may be cited for all purposes as " The
Naturalization Act, 1870."
Status of Aliens in the United Kingdom
Capacity of an Alien as to Property.
2. Real and personal property of every description may
be taken, acquired, held, and disposed of by an alien in
the same manner in all respects as by a natural-born British
subject j and a title to real and personal property of every
description may be derived through, from, or in succession
to an alien, in the same manner in all respects as through,
from, or in succession to a natural-born British subject :
Provided, —
(i.) That this section shall not confer any right on an
alien to hold real property situate out of the
United Kingdom, and shall not qualify an alien
for any office or for any municipal, parliamentary,
or other franchise ■
149
(2) That this section shall not entitle an alien to any
right or privilege as a British subject, except such
rights and privileges in respect of property as are
hereby expressly given to him :
(3) That this section shall not affect any estate or
interest in real or personal property to which
any person has or may become entitled either
mediately or immediately, in possession or
expectancy, in pursuance of any disposition made
before the passing of this Act, or in pursuance
of any devolution by law on the death of any
person dying before the passing of this Act.
Power of naturalized aliens to divest themselves of their
status in certain cases.
3. Where Her Majesty has entered into a convention
with any foreign state to the effect that the subjects or
citizens of that state who have been naturalized as British
subjects may divest themselves of their status as
such subjects, it shall be lawful for Her Majesty, by order
in council to declare that such convention has been
entered into by Her Majesty ; and from and after the date
of such order in council, any person being originally a
subject or citizen of the state referred to in such order, who
has been naturalized as a British subject, may, within such
limit of time as may be provided in the convention, make a
declaration of alienage, and from and after the date of his
so making such declaration such person shall be regarded
as an alien, and as a subject of the state to which he
originally belonged as aforesaid.
A declaration of alienage may be made as follows ; that
is to say, — If the declarant be in the United Kitgdom in
the pi"esence of any ju-tice of the peace, if elsewhere in Her
Majesty's dominions in the presence of any judge of any
M 2
'5°
court of civil or criminal jurisdiction, of any justice of the
peace, or of any other officer for the time being authorized
by law in the place in which the declarant is to administer
an oath for any judicial or other legal purpose. If out of
Her Majesty's dominions in the presence of any officer in
the diplomatic or consular service of Her Majesty.
How British-born subject may cease to be such.
4. Any person who by reason of his having been born
within the dominions of Her Majesty is a natural-born
subject, but who also at the time of his birth became under
the law of any foreign state a subject of such state, and is
still such subject, may, if of full age and not under any
disability, make a declaration of alienage in manner afore-
said, and from and after the making of such declaration
of alienage such person shall cease to be a British subject.
Any person who is born out of Her Majesty's dominions
of a father being a British subject may, if of full age, and
not under any disability, make a declaration of alienage in
manner aforesaid, and from and after the making of such
declaration shall cease to be a British subject.
Alien Jiot entitled to jury de medietate linguce.
5. From and after the passing of this Act, an alien shall
not be entitled to be tried by a jury de medietate lingUcC,
but shall be triable in the same manner as if he were a
natural-born subject.
Expatriation.
Capacity of British subject to renounce allegiance to
Her Majesty.
6. Any British subject who has at any time before, or
may at any time after the passing of this Act, when in any
foreign state and not under any disability voluntarily become
151
naturalized in such state, shall, from and after the time of
his so having become naturalized in such foreign state, be
deemed to have ceased to be a British subject and be
regarded as an alien : Provided, —
(i.) That where any British subject has before the
passing of this Act voluntarily become naturalized
in a foreign slate and yet is desirous of remaining
a British subject, he may, at any time within
two years after the passing of this Act, make a
declaration that he is desirous of remaining a
British subject, and upon such declaration
hereinafter referred to as a declaration of British
nationality being made, and upon his taking
the oath of allegiance, the declarant shall
be deemed to be and to have been continually a
British subject ; with this qualification, that he
shall not, when within the limits of the foreign
state in which he has been naturalized, be deemed
to be a British subject unless he has ceased to be
a subject of that state in pursuance of the laws
thereof, or in pursuance of a treaty to that effect :
(2.) A declaration of British nationality may be made,
and the oath of allegiance be taken as follows ;
that is to say, — if the declarant be in the United
Kingdom in the presence of a justice of the peace ;
if elsewhere in Her Majesty's dominions in the
presence of any judge of any court of civil or
criminal jurisdiction, of any justice of the
peace, or of any other officer for the time being
authorized by law in the place in which the de-
clarant is to administer an oath for any judicial or
other legal purpose. If out of Her Majesty's
dominions in the presence of any officer in the
diplomatic or consular service of Her Majesty.
152
Naturalization and Resuimption of British
Nationality.
Certificate of Naturalization.
7. An alien who within such limited time before making
the application herein-after mentioned as may be allowed
by one of Her Majesty's Principal Secretaries of State,
either by general order or on any special occasion,
has resided in the United Kingdom for a term of not less
than five years, or has been in the service of the Crown for
a term of not less than five years, and intends, when
naturalized, either to reside in the United Kingdom,
or to serve under the Crown, may apply to one of Her
Majesty's Principal Secretaries of State for a certificate of
naturalization.
The applicant shall adduce in support of his application
such evidence of his residence or service, and intention to
reside or serve, as such Secretary of State may require.
The said Secretary of State, if satisfied with the evidence
adduced, shall take the case of the applicant into considera-
tion, and may, with or without assigning any reason, give or
withhold a certificate as he thinks most conducive to the
public good, and no appeal shall lie from his decision, but
such certificate shall not take effect until the applicant has
taken the oath of allegiance.
An alien to whom a certificate of naturalization is granted
shall in the United Kingdom be entitled to all political and
other rights, powers, and privileges, and be subject to all
obligations, to which a natural-born British subject is
entitled or subject in the United Kingdom, with this quali-
fication, that he shall not, when within the limits of the
foreign state of which he was a subject previously to
obtaining his certificate of naturalization, be deemed to be
153
a British subject unless he has ceased to be a subject of
that state in pursuance of the laws thereof, or in pursuance
of a treaty to that effect.
The said Secretary of State may in manner aforesaid
grant a special certificate of naturalization to any person
with respect to whose nationality as a British subject a
doubt exists, and he may specify in such certificate that the
grant thereof is made for the purpose of quieting doubts as
to the right of such person to be a British subject, and the
grant of such special certificate shall not be deemed to be
any admission that the person to whom it was granted was
not previously a British subject.
An alien who has been naturalized previously to the
passing of this Act may apply to the Secretary ot State for
a certificate of naturalization under this Act, and it shall be
lawful for the said Secretary of State to grant such certificate
to such naturalized alien upon the same terms and sub-
ject to the same conditions in and upon which such certifi-
cate might have been granted if such alien had not been
previously naturalized in the United Kingdom.
Certificate of re-admissio7i to British ?iatio?iality.
8. A natural-born British subject who has become an
alien in pursuance of this Act, and is in this Act referred to
as a statutory alien, may, on performing the same conditions
and adducing the same evidence as is required in the case
of an alien applying for a certificate of nationality, apply to
one of Her Majesty's Principal Secretaries of State for a
certificate, herein-after referred to as a certificate -of re-
admission to British nationality, re-admitting him to the
status of a British subject. The said Secretary of State
shall have the same discretion as to the giving or with-
holding of the certificate as in the case of a certificate of
naturalization, and an oath of allegiance shall in like
154
manner be required previously to the issuing of the
certificate.
A statutory alien to whom a certificate of re-admission to
British nationality has been granted shall, from the date of
the certificate of re-admission, but not in respect of any
previous transaction, resume his position as a British
subject ; with this qualification, that within the limits of
the foreign state of which he became a subject he shall not
be deemed to be a British subject unless he has ceased
to be a subject of that foreign state according to the laws
thereof, or in pursuance of a treaty to that effect.
The jurisdiction by this Act conferred on the Secretary
of State in the United Kingdom in respect of the grant of a
certificate of re-admission to British nationality in the case
of any statutory alien being in any British possession, may
be exercised by the governor of such possession ; and
residence in such possession shall, in the case of such
person, be deemed equivalent to residence in the United
Kingdom.
Form of oath of allegiance.
9. The oath in this Act referred to as the oath of
allegiance shall be in the form following ; that is to say,
" I do swear that I will be faithful
"and bear true allegiance to Her Majesty Queen Victoria,
" Her heirs and successors, according to law. So help nie
"GOD."
National Status of Married Women and Infant
Children.
National status of married womefi and infant children.
10. The following enactment shall be made with respect
to the national status of women and children :
155
(i.) A married woman shall be deemed to be a subject
of the state of which her husband is for the time
being a subject :
(2.) A widow being a natural-born British subject, who
has become an alien by or in consequence of her
marriage, shall be deemed to be a statutory alien,
and may as such at any lime during widowhood
obtain a certificate of re-admission to British
nationality in manner provided by this Act :
(3.) Where the father being a British subject, or the
mother being a British subject and a widow, becomes
an alien in pursuance of this Act, every child of such
father or mother who during infancy has become
resident in the country where the father or mother is
naturalized, and has, according to the laws of
such country, become naturalized therein, shall be
deemed to be a subject, of the state of which the
father or mother has become a subject and not a
British subject :
(4.) Where the father, or the mother being a widow,
has obtained a certificate of re-admission to
British nationality, every child of such father or
mother who during infancy has become resident
in the British dominions with such father or
mother, shall be deemed to have resumed the
position of a British subject to all intents :
(5.) Where the father, or the mother being a widow,
has obtained a certificate of naturalization in the
United Kingdom, every child of such father or
mother who during infancy has become resident
with such father or mother in any part of the
United Kingdom, shall be deemed to be a
naturalized British subject.
156
Supplemental Provisions.
Regulations as to registration.
II. One of Her Majesty's Principal Secretaries of State
may by regulation provide for the following matters : —
(i.) The form and registration of declarations of
British nationality :
(2.) The form and registration of certificates of
naturalization in the United Kingdom :
(3.) The form and registration of certificates of re-
admission to British nationality :
(4.) The form and registration of declarations of
alienage :
{5.) The registration by officers in the diplomatic or
consular service of Her Majesty of the births and
deaths of British subjects who may be born or die
out of Her Majesty's dominions, and of the mar-
riages of persons married at any of Her Majesty's
embassies or legations :
(6.) The transmission to the United Kingdom for the
purpose of registration or safe keeping, or of being
produced as evidence, of any declarations or
certificates made in pursuance of this Act out of
the United Kingdom, or of any copies of such
declarations or certificates, also of copies of entries
contained in any register kept out of the United
Kingdom in pursuance of or for the purpose of
carrying into effect the provisions of this Act :
(7.) With the consent of the Treasury the imposition
and application of fees in respect of any registra-
tion authorized to be made by this Act, and in
respect of the making any declaration or the grant
of any certificate authorized to be made or granted
by this Act.
157
The said Secretary of State, by a further regulation, may
repeal, alter, or add to any regulation previously made by
him in pursuance of this section.
Any regiilaton made by the said Secretary of State in
pursuance of this section shall be deemed to be within the
powers conferred by this Act, and shall be of the same
force as if it had been enacted in this Act, but shall
not so far as respects the imposition of fees be in
force in any British possession, and shall not, so far as
respects any other matter, be in force in any British
possession in which any Act or ordinance to the contrary
of or inconsistent with any such direction may for the time
being be in force.
Regulations as to evidence.
12. The following regulations shall be made with respect
to evidence under this Act : —
( I .) Any declaration authorized to be made under this
Act may be proved in any legal proceeding by the
production of the original declaration, or of any
copy thereof certified to be a true copy by one of
Her Majesty's Principal Secretaries of State, or
by any person authorized by regulations of one of
Her Majesty's Principal Secretaries of State to
give certified copies of such declaration, and the
production of such declaration or copy shall be
evidence of the person therein named as declarant
having made the same at the date in the said
declaration mentioned :
(2.) A certificate of naturalization may be proved in
any legal proceeding by the proJuction of the
original certificate, or of any copy thereof certified
to be a true copy by one of Her Majesty's
Principal Secretaries of State, or by any person
15^
authorized by regulations of one of Her Majesty's
Principal Secretaries of State to give certified
copies of such certificate :
(3.) A certificate of re-admission to British nationality
may be proved in any legal proceeding by the
production of the original certificate, or of any
copy thereof certified to be a true copy by one of
Her Majesty's Principal Secretaries of State, or by
any person authorized by regulations of one of
Her Majesty's Principal Secretaries of State to
give certified copies of such certificate :
(4.) Entries in any register authorized to be made in
pursuance of this Act shall be proved by such
copies and certified in such manner as may be
directed by one of Her Majesty's Principal
Secretaries of State, and the copies of such
entries shall be evidence of any matters by this
Act or by any regulation of the said Secretary
of State authorized to be inserted in the register :
(5.) The Documentary Evidence Act, 1868, shall apply
to any regulation made by a Secretary of State,
in pursuance of or for the purpose of carrying
into effect any of the provisions of this Act.
Miscellaneous.
Savifig of letters of denization.
13. Nothing in this Act contained shall affect the grant
of letters of denization by Her Majesty.
Sa7mig as to British ships.
14. Nothing in this Act contained shall qualify an alien
to be the owner of a British ship.
159
Saving of allegiance prior to expatriation.
15. Where any British subject has in pursuance of this
Act become an alien, he shall not thereby be discharged
from any liability in respect of any acts done before the
date of his so becoming an alien.
Power of colonies to legislate with respect to naturalization.
16. All laws, statutes, and ordinances which may be duly
made by the legislature of any British possession for
imparting to any person the privileges, or any of the
privileges, of naturalization, to be enjoyed by such person
within the limits of such possession, shall within such limits
have the authority of law, but shall be subject to be confirmed
or disallowed by Her Majesty in the same manner and
subject to the same rules in and subject to which Her
Majesty has power to confirm or disallow any other laws,
statutes, or ordinances in that possession.
Definition of terms.
17. In this Act, it not inconsistent with the context or
subject-matter thereof, —
" Disability " shall mean the status of being an infant,
lunatic, idiot, or married woman :
" British possession " shall mean any colony, plantation,
island, territory, or settlement within Her Majesty's
dominions, and not within the United Kingdom,
and all territories and places under one legislature
are deemed to be one British possession for the
purposes of this Act :
" The Governor of any British possession " shall include
any person exercising the chief authority in such
possession :
" Officer in the Diplomatic Service of Her Majesty " shall
mean any Ambassador, Minister or Charge d'Affaires,
i6o
or Secretary of Legation, or any person appointed
by such Ambassador, Minister, Charge d'Affaires, or
Secretary of Legation to execute any duties imposed
by this Act on an officer in the Diplomatic Service of
Her Majesty :
" Officer in the Consular Service of Her Majesty " shall
mean and include Consul-General, Consul, Vice Consul,
and Consular Agent, and any person for the time being
discharging the duties of Consul-General, Consul, Vice-
Consul, and Consular Agent.
Repeal of Acts Mentioned in Schedule.
1 8. The several Acts set forth in the first and second
parts of the schedule annexed hereto shall be wholly re-
pealed, and the Acts set forth in the third part of the said
schedule shall be repealed to the extent therein mentioned.
(These schedules are omitted.)
i6i
THE NATURALIZATION ACT, 1872.
(35 & 36 Vict., c. 39.)
An Act for amending the Law in certain cases
in relation to Naturalization.
Whereas by a Convention between Her Majesty and
the United States of America, supplementary to the Con-
vention of the thirteenth day of May one thousand eight
hundred and seventy, respecting naturalization, and signed
at Washington on the twentv-third dav of February
one thousand eight hundred and seventy-one, and a copy
of which is contained in the schedule to this Act, pro-
vision is made in relation to the renunciation by the
citizens and subjects therein mentioned of naturalization
or nationality in the presence of the officers therein men-
tioned :
And whereas doubts are entertained whether such pro-
visions are altogether in accordance with the Naturaliza-
tion Act, 1870 : And whereas other doubts have arisen
with respect to the effect of " The Naturalization Act,
1870," on the rights of women married before the passing
of that Act ; and it is expedient to remove such doubts :
Be it enacted by the Queen's most Excellent Majesty,
by and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follow^s :
T. This Act may be cited for all purposes as the
Naturalization Act, 1872, and this Act and " The
l62
Naturalization Act, 1870," may be cited together as
" The Naturalization Acts, 1870 and 1872."
Conflrmatio7i of renunciation of nationality under the
Convention.
2. Any renunciation of naturalization or of nationality
made in manner provided by the said supplementary Con-
vention by the persons and under the circumstances in the
said Convention in that behalf mentioned shall be valid
to all intents, and shall be deemed to be authorized by
the said Naturalization Act, 1870. This section shall be
deemed to take effect from the date at which the said
supplementary Convention took effect.
Saving clause as to fro-perty of married women.
3. Nothing contained in " The Naturalization Act,
1870," shall deprive any married woman of any estate or
interest in real or personal property to which she may have
become entitled previously to the passing of that Act, or
affect such estate or interest to her prejudice.
SCHEDULE.
Conve?itton between Her Majesty a?id the United States of
America^ suppleine7itary to the Convention of May 13,
1870, 7'espectifig Naturalization.
Whereas by the second article of the Convention be-
tween Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland and the United States of
America for regulating the citizenship of subjects and
citizens of the contracting parties who have emigrated or
163
may emigrate from the dominions of the one to those of
the other party, signed at London, on the 13th of May
1870, it was stipulated that the manner in which the
renunciation by such subjects and citizens of their
naturalization, and the resumption of their native alle-
giance, may be made and publicly declared, should be
agreed upon by the governments of the respective coun-
tries ; Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland and the President of the United
States of America, for the purpose of effecting such agree-
ment, have resolved to conclude a supplemental Conven-
tion, and have named as their plenipotentiaries, that is to
say ; Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland, Sir Edward Thornton, Knight
Commander of the Most Honourable Order of the Bath,
and Her Envoy Extraordinary and Minister Plenipoten-
tiary to the United States of America ; and the President
of the United States of America, Hamilton Fish, Secre-
tary of State, who have agreed as follows :
Article I.
Any person being originally a citizen of the United
States who had, previously to May 13, 1870, been natural-
ized as a British subject, may at any time before
August 10, 1872, and any British subject who, at the
date first aforesaid, had been naturalized as a citizen
within the United States, may at any time before May 12,
1872, publicly declare his renunciation of such naturaliza-
tion by subscribing an instrument in writing, substantially
in the form hereunto appended, and designated as
Annex A.
Annex A.
1 1
I, A.B., of {insert abode), being originally a
citizen of the United States of America {or a British
subject), and having become naturalized within the
N
164
dominions of Her Britannic Majesty as a British
subject {or as a citizen within the United States of
America), do hereby renounce my naturalization as a
British subject {or citizen of the United States) ; and
declare that it is my desire to resume my nationality
as a citizen of the United States {or British subject).^ ^
Such renunciation by an original citizen of the United
States, of British nationality, shall, within the territories
and jurisdiction of the United States, be made in dupli-
cate, in the presence of any court authorized by law for
the time being to admit aliens to naturalization, or before
the clerk or prothonotary of any such court : if the
declarant be beyond the territories of the United States, it
shall be made in duplicate, before any diplomatic or
consular officer of the United States. One of such dupli-
cates shall remain of record in the custody of the court
or officer in whose presence it was made ; the other shall
be, without delay, transmitted to the department of State.
Such renunciation, if declared by an original British
subject of his acquired nationality as a citizen of the
United States, shall, if the declarant be in the United
Kingdom of Great Britain and Ireland, be made in dupli-
cate, in the presence of a justice of the peace ; if else-
where in Her Britannic Majesty's dominions, in triplicate,
in the presence of any judge of civil or criminal jurisdic-
tion, of any justice of the peace, or of any other officer
for the time being authorized by law, in the place in which
the declarant is, to administer an oath for any judicial or
other legal purpose ; if out of Her Majesty's dominions,
in triplicate, in the presence of any officer in the diplo-
matic or consular service of Her Majesty.
Article II.
The contracting parties hereby engage to communicate
each to the other, from time to time, lists of the persons
i65
who, within their respective dominions and territories, or
before their diplomatic and consular officers, have de-
clared their renunciation of naturalization, with the dates
and places of making such declarations, and such informa-
tion as to the abode of the declarants, and the times and
places of their naturalization, as they may have furnished.
Article III.
The present Convention shall be ratified by Her
Britannic Majesty, and by the President of the United
States by and with the advice and consent of the Senate
thereof, and the ratifications shall be exchanged at
Washington as soon as may be convenient.
In witness whereof, the respective plenipotentiaries have
signed the same, and have affixed thereto their respective
seals.
Done at Washington, the twenty-third day of February,
in the year of our Lord one thousand eight hundred and
seventv-one.
N 2
1 66
THE NATURALIZATION ACT, 1895.
(58 & 59 Vict., c. 43.)
An Act to amend the Naturalization Act, 1870,
so far as respects Children of Naturalized
British Subjects in the service of the Crown
resident out of the United Kingdom.
Be it enacted by the Queen's most Excellent Majest\ .
by and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as
follows : —
I. — (i) The residence of a child of a naturalized
British subject with his father while in the service of the
Crown out of the United Kingdom, shall have, and be
deemed always to have had, the same effect, for the pur-
pose of subsection five of section ten of the Naturalization
Act, 1870, as residence with such father in the United
Kingdom.
(2) Subsection five of section ten of the Naturalization
Act, 1870, shall have effect as if the words '' or with such
father while in the service of the Crown out of the United
Kingdom " had been inserted therein after the words
" part of the United Kingdom," and every copy of the
Naturalization Act, 1870. hereafter printed may be
printed accordingly.
2. This Act may be cited as the Naturalization Act.
1895.
167
APPENDIX E.
ORDER OF LOCAL GOVERNMENT BOARD
PRESCRIBING FORM OF RECORD TO BE
KEPT BY CLERKS TO LOCAL PENSION
COMMITTEES AND SUB-COMMITTEES.
To all Local Pension Committees appointed under
the Old-Age Pensions Act, 1908 ; —
To all Sub-Committees appointed by the said Local
Pension Committees ; —
To the Clerks to the said Committees and Sub-
Committees ; —
And to all others whom it may concern.
WHEREAS by Regulation zt, (3) of the Old-Age
Pensions Regulations, 1908, it is provided that the clerk
of every local pension committee appointed under the
Old-Age Pensions Act, 1908 (herein-after called " the
Act "), shall keep a record in such form and containing
such particulars as the Local Government Board direct of
all claims and questions in respect of which a report is
sent to the committee by the pension officer and of the
decision of the committee thereon ;
And whereas by Regulation 23 (5) of the said Regula-
tions it is declared that in the said Regulation 23 (3) the
expression " committee " includes a sub-committee ap-
pointed under subsection (2) of section 8 of the Act :
1 68
NOW THEREFORE, in the exercise of Our powers
in that behalf, We, the Local Government Board, hereby
direct as follows ; that is to say, —
Article I. — The record to be kept by the clerk of any
local pension committee or sub committee appointed under
the Act shall be in the form and shall contain the par-
ticulars shown in the Form of Register of Claims and
Questions set forth in the Schedule to this Order.
Article II. — This Order may be cited as " The Local
Pension Committees' Register Order, 1908."
SCHEDULE.
Name of Committee
or Siih- Committee
OLD AGE PENSIONS.
REGISTER
OF
CLAIMS AND QUESTIONS.
1. Consecutive Number.
2. Full Name of Claimant, or of Pensioner in regard to
whom a question is raised.
3. Address of Claimant, or Pensioner.
4. Date on which claim received vvhen made direct to
Committee.
169
5- Date on which claim referred to Pension Officer.
6. Date on which claim or question and report received
from Pension Officer.
7. District and Station of Pension Officer.
8. No, in Pension Officer's Register.
9. Date or dates on which claim or question considered
by Committee.
10. Date (if any) on which Claimant, or Pensioner (or
person appearing on his behalf) heard by
Committee.
11. Decision of Committee and date. (If claim disallowed,
give reason.)
Dale of notification of decision to — -.
12. {a) Claimant or Pensioner.
13. (b) Pension Officer,
Appeal —
14. Date of receipt of notification of appeal.
15. Name and Address of Appellant. (If the
Claimant, or Pensioner, or the Pension Officer
is the Appellant, insert "Claimant," "Pen-
sioner," or "Pension Officer," without Address.
16. Date on which documents relating to claim or
question sent to Local Government Board.
17. Date of notification to Claimant, or Pensioner,
of appeal having been made.
i8. Decision of Local Government Board and date
of receipt.
Date of notification of decision of Local
Government Board to —
19. (a) Claimant, or Pensioner, or other Ap-
pellant.
20. (b) Pension Officer.
21. Amount of Pension and date on which Pension
becomes payable.
22. Date on which documents relating to claim or question
sent to Pension Officer.
23. Remarks, e.g. : note of disqualification or death of
Pensioner, or reference to any later entry relating
to the same person.
Given under the Seal of Of^ce of the Local Govern-
ment Board, thi.s Twenty-eighth day of August, in
the vear One thousand nine hundred and eight.
'fci'
(l.s.) JOHN BURNS,
President.
S. B. PROVIS,
Secretary.
Note.
The Local Government Boards of Scotland and Ireland have
issued Orders prescribing a similar Form of Register.
lyi
APPENDIX F.
THE OLD-AGE PENSIONS ACT, 1908.
MEMORANDUM
Pop the Information of Persons desiring" to make Claims
for Pensions.
I. Under this Act old-age pensions may be claimed
both by men and women, whether married or single, and
this Memorandum must be read as applying to women as
well as men. To be eligible for a pension a person must
comply with the following conditions : —
Conditions.
(i) He must have attained the age of 70. He should
be in a position to produce evidence of his age when called
upon. The best evidence would probably be a certificate
of birth. If that is not available a certificate of baptism,
a certificate of marriage if the age is shown on it, or any
other certificate or formal document, duly dated, which
will afford independent testimony of the claimant's age,
should be procured if possible.
(2) The claimant will have to satisfy the pension
authorities that for at least 20 years previously he has
been a British subject, and has resided in England,
Scotland, or Ireland.
172 .
Temporary absences during these 20 years will not
disqualify in the following cases : —
(a) If before the absence the claimant was living in
one of these countries, and throughout his
absence was employed in the service of the
Crown as a soldier, sailor, or otherwise, or was
in the service of anyone so employed.
(b) If before the absence he was living in England,
Scotland or Ireland and throughout the
absence was serving on board a vessel regis-
tered in one of these countries ; or
(c) if throughout the absence his home was in Eng-
land, Scotland jr Ireland. In this last case,
the total amount of absence during the pre-
ceding 20 years must not exceed 8 years.
The claimant should be ready to give as closely as
possible the actual dates of any absences during these
20 years.
(3) The claimant must satisfy the pension authorities
that his yearly means as calculated under the Act do not
exceed jQt^i ids.
In calculating the means of the claimant regard must
be had not only to actual income in cash, but to the yearly
value of advantages derived from the use or enjoyment
of property, and the yearly value of any benefit or privi-
lege enjoyed by the claimant. Similarly the yearly value
of money hoarded or property not i)rofitably used is to be
considered.
The means of one of a married couple living together
in the same house are not to be taken to be less than half
the total means of the couple.
173
Disqualifications.
2. Besides satisfying the conditions mentioned above^
a claimant for a pension must not be subject to any of the
disqualifications laid down by the Act. The following,
classes of persons are disqualified : —
(i) Persons who are in receipt of poor relief or who
have received poor relief at any time since the ist of
January, 1908. Poor relief for this purpose means any
relief received through the Poor Law authorities other
than the following : —
(a) Medical or surgical assistance (including food or
comforts) supplied by or on the recommenda-
tion of the medical officer ;
(b) Relief given by means of the maintenance of any
dependant of the applicant in a lunatic
asylum, infirmary, or hospital, or the payment
towards the burial expenses of a dependant ;
(c) Any relief which by law is expressly declared not
to be a disqualification for registration as a
parliamentary elector or a reason for depriving
any person of any franchise, right, or privi-
lege.
^fci'
(2) Persons who have habitually failed to work accord-
ing to their ability, opportunity, and need, for the main-
tenance or benefit of themselves, and those legally depen-
dent upon them.
(3) Persons who are detained in lunatic asylums, or are
maintained in any place as pauper or criminal lunatics.
(4) Persons who have within the preceding 10 years
been convicted of an offence and ordered to be imprisoned
without the option of a fine or to suffer any greater punish-
ment. The period of 10 years dates from the time when
the person was released from prison.
174
(5) Persons o^'er 60 who have been ordered to be
detained under the Inebriates Act, 1898, and who are
disqualiiied by the court which makes the detention order.
3. In order to save trouble and disappointment intend-
ing claimants for pensions should make quite sure, first,
that they satisfy the conditions mentioned above, and next
that they are not subject to any of the disqualifications.
Procedure for Making Claims.
4. The first pensions will be payable at the beginning
of January, 1909, but claims may be made before that
time, and it is desirable that they should be made early,
so as to allow as much time as possible for their being
considered and determined. Claims for pension can only
be made by filling up prescribed forms, which it is
expected will be ready by the end of September, and can
then be obtained at any post office. They cannot be made
by writing to the pension committee or the pension officer
or the Local Government Board, or in any other way.
Any person who will be over 70 on the ist of January
next, and who is otherwise eligible, will be entitled to
make a claim if he wishes to do so. Persons who will
become 70 at later dates, and who are otherwise eligible,
may make their claims within four months before reaching
the age of 70.
5. Each pensioner's pension will be payable only at one
particular post office to be selected at the time the claim
is made. The claimant should, therefore, settle at which
post office he wishes his pension to be paid, assuming that
it is granted. On application at the post office, after the
end of September, he will be able to procure a form of
claim without payment, and if he wishes it, assistance
will be given at the post office to enable him to fill it up
properly. The form will require the claimant to state
175
full name and postal address, occupation, sex, whether
single or married, widower or widow, age, date of birth
and place where born, whether the claimant is a British
subject and has lived for 20 years in the United Kingdom,
and certain particulars as to his means. He will have to-
sign the form, or, if he cannot write, make his mark, and
his signature or mark will have to be witnessed by some
other person who will also sign his name. When the form
is filled up it should be handed in at the post office at
which the claimant wishes the pension to be paid.
6. In due course the claimant will be visited by the
pension officer attached to the district in which he resides.
The pension officer will ask various questions for the pur-
pose of ascertaining accurately whether all the conditions
for a pension are fulfilled, and whether the claimant is
or is not subject to any disqualification. In particular,
he will have to obtain detailed information as to the vearlv
means of the claimant.
It is necessary that the yearly means, if between ;^2i
and ^31 los., should be accurately ascertained, since the
amount of the pension in cases where the claimant is other-
wise eligible, will depend on the amount of yearly means.
7. If the yearly means do not exceed ^{^21, the pension
will be at the rate of 5s. a week.
If the yearly means exceed £^'2.\, but do not exceed
^23 I2S. 6d., the pension will be at the rate of 4s. a
week. ■
If the yearly means exceed £^27^ 12s. 6d., but do not
exceed ^26 5s., the pension will be at the rate of 3s. a
week.
If the yearly means exceed ;£26 5s., but do not exceed
^28 17s. 6d., the pension will be at the rate of 2s. a
week.
176
If the yearly means exceed £22) 17s. 6d., but do not
.exceed ^31 los.. the pension will be at the rate of is. a
week.
No pension will be payable if the yearly means exceed
8. It will not be necessary to append a birth certificate
or other evidence of age to the form of claim itself,
but these should be shown to the pension officer when he
visits the claimant. Both in filling up the form and in
supplying information to the pension officer the claimant
must be careful to give complete and true answers. Any
false statement or false representation knowingly made
will render the claimant liable to six months imprisonment
with hard labour.
9. When the pension officer has obtained all such infor-
mation as he can about any claim, he will make a report
upon it to the local pension committee or sub-committee.
In the rest of this Memorandum, this body, whether a
committee or sub-committee, is referred to as the com-
mittee.
10. The committee on receiving the report from the
pension officer will consider the claim, together with the
report of the pension officer, and a notice will in due
course be sent to the claimant by the clerk of the com-
mittee informing him of the decision of the committee
upon the claim. Before the committee decide adversely
to any claimant, they are required to give him an oppor
tunity of being heard.
Appeals against Decisions of Committee.
11. When the committee have allowed a claim for a
pension, it is open to the pension officer, if he considers
that the claimant is not eligible for a pension or that the
177
decision is otherwise wrong, to appeal to the Local
Government Board within seven days. In that case the
claim will have to be finallv determined bv the Board. A
notice will be sent to the claimant if an appeal is made,
and he will be informed of the final decision on the claim
12. If the committee disallow a claim it is open to the
claimant to appeal from their decision to the Local
Government Board, but there will be no advantage in his
doing so unless he can produce evidence to show that the
decision of the committee was wrong. It must be under-
stood that there is no power in the committee or in the
Local Government Board to dispense with any of the
requirements of the Act of Parliament, or to exempt any-
one from disqualification, or to remove any of the con-
ditions which Parliament has imposed. If therefore a
claim has been disallow^ed on the ground that the claimant
does not fulfil one of the statutory conditions or is dis-
qualified — for example through having received poor relief
since the ist of January, 1908 — there is no use in his
making an appeal unless he is in a position to show that
the condition is fulfilled or that he is not disqualified.
13. If the claimant can show that the decision of the
committee is wrong, he can appeal in the following way.
He must obtain from the clerk of the committee two
special forms (one blue and the other yellow) which will
have to be filled up, folded and posted, the blue one to
the Local Government Board and the yellow one to the
committee. They need not be stamped. The committee
on receiving the form will send all the documents relating
to the claim to the Local Government Board, who will
have to decide on the appeal. It is important to notice
that an appeal must be made within seven days after the
claimant receives notice from the committee that his claim
has been disallowed.
i7«
Issue of Pension Order.
14. When a claim has been finally allowed, the pension
officer will supply the claimant with a book of pension
orders which will be payable week by week at the post
office named in the claim.
Infirm and Invalid Claimants.
15. Claimants who are too infirm or ill to attend at the
post office for the purpose of obtaining a form of claim
or to attend when summoned before the committee, may
send someone else to get the form or to represent them.
The form of claim must, however, be signed by the
claimant, or if he cannot write he must mark it with a
cross. The contents should be explained to him in all
cases in which he is unable to fill up or supply the answers-
himself.
Local Government Board,
September, 1908.
Note.
The Local Government Boards of Scotland and Ireland
have issued similar Memoranda. In the case of that for
Scotland the following has been added to clause i (i) : —
"Arrangements have been made with a view of saving claimants
for old-age pensions from the expense of obtaining certificates of
their birth or baptism for the purpose of proving their ages. Under
these arrangements in the case of any claimant born in Scotland
whose birth or baptism may have been recorded in the old parochial
registers now in the custody of the Registrar-General, if the precise
d;ite and place (parish or town) are entered on the form of claim
accompanied by a note of the parentage, the pension officer, or
other duly authorised officer of the Inland Revenue, will be given
access to such registers with the object of verifying these particulars,
if possible, without expense to the claimant.
If the claimant happens to possess a copy of his birth certificate
or other evidence of age he will, of course, produce it to the pension
officer."
179
INDEX.
The References in this Index are as follows : — A. means Act
of 1908 ; R. means Old- Age Pensions Regulations ; ¥.1. means
Financial Instructions in Treasury Minute.
Absence from United Kingdom
Accounts
Adjournment
Advances of Money for expenses
Age, evidence as to . . .
limit
Aliens...
Alms as a disqualification
Appeal
Procedure of I.. G.B. .
Assignment of Pension Void
R. 25, F.I 8, 9
R. 14
R. 25
F.I. 8, 9
A. 7, R. 18,
R. 19
A. 6
I 'AGE
5
47, 137
38
46
137
3» 70
xix
8
2
20, 4T
19
Bankruptcy of Pensioner ... ... A. 6
Borough in Ireland under 10,000
Population, included in County
Area ... ... ... ... A. 1 1 (2)
20
i8o
British Subject, Pensioner must be .
Burgh in Scotland, application of Act
to
Burial Expenses
Calculation of Means
Casting Vote of Chairman ...
Central Pension Authority ...
Certificate of Birth ...
Chairman of Committee, appoint-
ment
Channel Islands, Residence in
Chaplin Committee ...
Children of Naturalized Subjects
Claim
Consideration of
Claimant may be heard by Com
mittee
Clerk, Appointment by Committee . . .
of Appointing Council, Duties
Committee, Appointment
Conviction, Disqualification by
Correspondence, with Treasury
Cost of Pension Schemes
Deaths, Returns as to
Decision of Committee, when final..
Defects in Proceedings .'.
Delegation of Powers .. A. <
PAGE
2, 7, 71
29
10
15
R. 21 (6)
44
A. 8 (3)
24
3
R. 21 (5)
44
5
xix
166
R. 6
34
R. 14
38
R. 14
38
R. 23
45
F.I.
134-138
23, 53
A. 3 (2)
II
F.I. 10
^?>^
see Introduction
xix
R. 28
48
A 7 (2)
21
R. 21 (7)
44
I (2), R. 24 (i)
23,46
i8i
PAGE
Determination of Claims and Ques-
tions ... ... ... ... A. 7 20
Disability ... ... ... ... 2
Disqualification ... ... ... g
not removed by repay-
ment of Poor Relief ... ... * 13
District, Definition of ... ... 31
Evidence -.. R. 14, 26, Sch. 2 39, 48, 70
Expenses of Claimants not Chargeable F.I. 7 137
Committees ... A. 10, R. 25 (2) 27, 47
Councils ... R. 25 (3;, F.I. 9 47, 137
Members not Chargeable
False Statements by Claimant
Forms, Supply of, to Claimants
to Pension Com-
mittees ...
Franchise
not lost by receipt of
Pension ...
Friendly Society
Furniture considered as Means
Hanoverians, Position of ...
Hire of Room
Hoarded Money
Hospital, Maintenance in
Imprisonment
Income, Calculation ...
Inebriates' Act, Order under ... * 11
F.I. 6
136
A. 9
R. 6 (2)
25
34
F.I. 5
A. I (4)
136
I
A. 3 , R. 30
I
10, 50
6
.22(3), F.L4
7
44, 136
6
10
1 1
15
t82
Inquiry by L.G.B.
Interpretation of Regulations
Ireland, Local Authorities in
Isle of Man, Residence in ...
Married Couples
Women, Position of
Means, Calculation of
of Married Couple ...
Medical Assistance ...
Meeting, Adjournment
Provisions as to first
Membership of Committee ...
Memorandum of Local Government
Board, as to making Claims
Mode of paying Pensions
Nationality, Proof of
Naturalization
Notice of Allowance of Claim to be
sent to Claimant
Appeal
Appointment of Clerk
Committee
Decision of Claim
Meeting to Pension Officer
Notices, Service of
Offices, Charges for use of...
Old-Age Pension Schemes, considered
by Royal Commission ...
Order of Proceedings
R. 19(1)
A.3(i)(b),4(2)
R. 21
R. 13, 14
R. 18
R- 23 (4)
R. 36 (4)
R. 19
R. 12
R. 4
F.L4
I'AGE
41
31
29, 147
5
10, 16, 18
154
15
17,18
9, 12, 13
38
53
43
171
19
7
8, 148
38
41
46
54
41
37
34
136
xni
XXX
^^3
Parliament, Proceedings on Old
Age Pensions Bill
Parochial Relief
Pauper, whether relief to Wife
disqualifies her ...
Pension Authority
cannot be assigned or
How Calculated
How Paid ...
PAGE
ix
12
13
A. 8(5) 24
charged 1 9
I, 18, 30
A. 5 19, 52
Officer, Definition of ... 31
Instructions and Duties 20, 35, 36, 37, 40,
41, 53> 54, 71
Orders ... ... ... 19
to be supplied in Books
Scheme not experimental . . .
Payable from ist Jan., 1909 .
Pensioner, Definition of
Person aggrieved
Poor Law Officers, Duties as to Relief
Relief ...
Postmaster, Duties of
Proceedings of Committee, Regula-
tions as to
Property, Hoarded Money, Furniture
Questions, Determination of, by
Pension Committee ... ... A. 7, R. 17 20,39
Quorum ... ... ... ... R. 21 (2) 43
Rate of Pension ... ... ... R. 15 39
Records of Claims to be kept by Clerk 45, 167
R. 32
52
2
A. 12
30
31
23
R. 35
22, 53
A. 3 (0 (a)
9, 12
R. 6
34
R. 21 (2)
43
6
i84
Register of Claims and Questions,
Form of . . .
Registrar of Births and Deaths,
Duties as to Returns
PAGE
i68
48
Rehef to Dependant ... ... 10
Removal of Member of Committee... R. 21 (3) 43
of Pensioner ... ... R. 31 (3) 52
Remuneration of Clerk ... ... R. 23 (5), F.I. i 46, 134
Repayment of Relief. . . ... ... 13
Residence ... ... ... A. 2 (2), R. 29 2,4,49
Scilly Isles
...
29
Scotland, Local Authorities in
295 143
Sliding Scale ...
9.30
Statistics as to persons eligible
Pension ...
for
c
• ■ • >.
;ee
Introduct
ion
xiv
Statutory Conditions...
...
2
Sub-Committee, Appointment
Area of . . .
and
A.
8(2),
R.
24
23,46
Surgical Assistance ...
• • •
10
Term of Office of Member of Com-
mittee ... ... ... ... R. 21 (3) 43
Trade Union ... ... .. A. 3 (i) (b), R. 30 10,50
Treasury, Lords Commissioners of,
Powers of 19,26,35,37,47,49,54
i85
PAGE
Urban District Council under 20,000
Population included in County
in England ... ... ... A. 8 (i) 23
10,000
Population included in County
in Ireland ... ... ... A. 11 (2) 29
United States, Naturalization in ... 161
Vacancy, How filled . ... R. 21 (4) 44
Voting R. 21 (6) 44
Weekly Rate of Pension ... ... 6,39
Wife of Pauper, eligibility of for
Pension ... ... ... ... 1
j>
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