Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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S.L. 318.1 · Old Age Pensions Regulations (S.L. 318.1)

S.L. 318.1 Art. 18How sum payable on death is paid.

In KraftAmtlicher Text

(1) On the death of any pensioner or, as the case may be, of any claimant to a pension, any sum payable on death in respect of that person may be paid or distributed by the Director of Social

Services even if judicial declaration of the opening of succession or other proof of the title of the beneficiaries under the succession of the deceased is not available, but nothing herein contained shall authorise the Director of Social Services, where he has not already made payment of the sum payable on death, to refuse payment of such sum to any person entitled thereto who produces proof of title.

(2) Where the sum payable on death is payable to persons appearing to the Director of Social Services to be beneficially entitled thereto under any will or other testamentary instrument, the sum payable on death may be paid to or distributed among such of the persons aforesaid as the Director of Social Services thinks proper and such payment or distribution shall be to the exclusion of payment to all others but without prejudice to any remedy which such others may have for recovery in whole or in part of the sums so paid or distributed as aforesaid against the person or persons who received payment.

(3) If a pensioner or, as the case may be, a claimant of a pension dies intestate, any sum payable on death in respect of that person may be paid or distributed by the Director of Social Services to or among such persons as appear to him, upon such evidence submitted to him as he may deem satisfactory, to be beneficially entitled to receive that sum, whether as next of kin or otherwise according to law or as creditors of the funeral expenses or death-bed expenses of the deceased person, or may be paid to or distributed among such of the persons aforesaid as the Director of Social Services thinks proper and such payment or distribution shall be to the exclusion of payment to all others:

Provided that, in the case of illegitimacy of the pensioner or, as the case may be, of the claimant of the pension or of any child of his, such person as in the opinion of the Director of Social Services would have been entitled to the sum payable on death if the deceased person or any child of his had been legitimate, may for the purposes of this proviso be treated as a person beneficially entitled thereto.

(4) Where any person who is a minor is entitled to receive any sum payable on death in accordance with the provisions of this regulation and it is shown to the satisfaction of the Director of Social Services that that sum is needed for the benefit of such child, the Director of Social Services may pay that sum or any part thereof to any person who may satisfy him that the recipient will apply such money for the benefit of such child, and the receipt of such recipient shall be a good discharge to the Director of Social Services for the sum so paid.

(5) Upon making any payment in accordance with the provisions contained in this regulation, the Director of Social Services shall be discharged from all liability in respect of any sum or sums so paid.