S.L. 111.1 Art. 38Provisions with respect tofailure obtain payment of pensions, etc.

(1) No sum shall be paid under an award made under this to Scheme where the person to whom payment thereof might have been made fails to obtain such payment within three months from the date on which he might have first obtained such payment.

(2) Where a person to whom a pension or allowance awarded under Part III of this Scheme may be paid fails to draw that pension or allowance for a continuous period of not less than six months, the Committee shall cancel the award of that pension or allowance, and no payment of the arrears of that pension or allowance shall be made.

(3) Notwithstanding anything contained in the foregoing provisions of this article, where the failure of any person to obtain payment of a sum within three, or as the case may be, six months from the date on which he might first have obtained payment thereof, or to draw a pension or allowance for a continuous period of not less than six months, is due to circumstances for which that person cannot in the opinion of the Committee justly be held responsible, the Committee may cause to be paid that sum or may order that the award of that pension or allowance is not cancelled, or if it has already been cancelled, order the restoration of that award and may cause to be paid the whole or such part as it may think fit of the arrears of any such pension or allowance: Provided that the amount which may be paid in respect of any sums payment whereof has not been obtained within the aforesaid period of three or as the case may be six months or in respect of any such arrears shall not exceed eighty-one euros and fifty-three cents (81.53).