asked the Minister for Local Government why an Old Age Pension award made in respect of Mrs. Winifred Hehir, of 1 Corkally Lane, Ennis, by the Co. Clare Pension Committee, has been disallowed by his Department, and whether, considering the nature of the evidence adduced to substantiate the claim, the re-opening of the case is a matter worthy of consideration.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - OLD AGE PENSIONS. CLARE CLAIMS.
PÁDRAIG O hOGAIN
A claim from Mrs. Winifred Hehir for the old age pension was disallowed on the 30th January, 1923, and her case has not since come up on appeal. A previous pension claim from her was disallowed on the 19th April, 1917. The baptismal certificate of the claimant was not produced. No record of her marriage could be traced in the General Register Office, Dublin, and her name was not included in the return of her family at the Census of March, 1851. It does not appear from the official papers that any evidence of age was put forward in this case. The Co. Clare Pension Committee stated that they were satisfied on appearance. It is open to the claimant to make a fresh claim if she is in a position to furnish definite evidence of age.
Mr. HOGAN
What does the Minister exactly mean by definite evidence of age?
Legal evidence, I should say It would require to be substantiated by an affidavit.
asked the Minister for Local Government whether, having regard to the destruction of Census Records in the Four Courts and the consequent impossibility of obtaining certificates of the ages of numerous claimants for old age pensions, sworn evidence of ages will in future be accepted by the Pensions Committees and the Local Government Board; whether the destruction referred to deprived such persons of their rights under the Old Age Pensions Acts.
I would refer the Deputy to the reply given to Deputy McGoldrick in answer to his question of the 27th March last in regard to proof of age of claimants for the old age pension. I shall give the Deputy a copy of that reply.
It is the practice when a birth or baptismal certificate cannot be procured, and the Census records are not available, to consider, in conjunction with the other facts of the case, affidavits from persons of standing who have known the claimant for a sufficiently long time, and who testify as to his age from knowledge based on definite past events. The affidavits should give in detail the grounds for the opinions expressed and statements made therein, and should set forth relevant facts bearing on the life history of the claimant, such as date of marriage of his parents, and his own position amongst the children, especially as compared with a brother or sister whose age had been established.
As mentioned in the reply to Deputy McGoldrick, it is obvious that an affidavit would not of itself suffice to establish age, and would require verification.
PADRAIG O hOGAIN
(An Clár) asked the Minister for Local Government why an old age pension award, made by the Clare Pension Committee, in respect of John Shannon, Lough Doolin, Ennistymon, has been disallowed by his Department, notwithstanding the fact that proof of his having attained the age of 70 years was available.
The decision of the 21st July last of the Clare Pension Committee allowing the old age pension of 10/- a week in this case was reversed on the appeal of the Pension Officer.
The baptismal certificate of the claimant was not produced, and his age at marriage, on the 31st January, 1882, was then recorded as 25 years.
A sister of the claimant was baptised on the 30th July, 1855, and his brother furnished an affidavit dated 7th September, 1923, in which he stated that he was an old age pensioner and would be 73 years old in October, 1923; that his brother John was the next born in the family after deponent and before the sister, and that he had heard old people say there was a period of two years between his age and that of the claimant.
It was decided, on the 13th September last, that the evidence put forward in the case did not warrant a decision that the claimant had attained the statutory age, and the pension claim was disallowed.
Mr. HOGAN
Was not a definite substantiation of the age furnished on that occasion?
The evidence is very conflicting. It is a border line case that it is not very easy to decide. On the whole, we think that the balance of evidence was against the claim. The Deputy can see the evidence if he likes.