Army Pensions Act, 1943
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Amendment of sections 14 and 15 of, and the Seventh Schedule to, the Act of 1927. |
5.—(1) Sub-section (2) of section 14 of the Act of 1927 is hereby amended as follows:— | |
(a) by the insertion in paragraph (ii) of the words “and other dependants” after the word “children” where the said word occurs; | ||
(b) by the insertion in paragraph (a), after the words and figures “the 30th day of September, 1924,” of the words “or during the emergency period”; | ||
(c) by the insertion in paragraph (b) of the words “or during the emergency period” after the words “the said period” where the latter words occur. | ||
(2) The reference, in paragraph (d) of sub-section (2) of section 14 of the Act of 1927, to the Act of 1927 shall be construed as a reference to the Act of 1927, as amended by this Act. | ||
(3) Section 15 of the Act of 1927 is hereby amended as follows:— | ||
(a) by the insertion in sub-section (2), after the word “children” of the words “and other dependants”, and | ||
(b) by the insertion in sub-section (3) of the words “or a dependant” after the word “child” where that word occurs secondly. | ||
(4) The references, in paragraph (d) of sub-section (2) of section 15 of the Act of 1927, to the Act of 1927 shall be construed as including references to the Act of 1927, as amended by this Act. | ||
(5) Sections 14 and 15 of the Act of 1927 shall be construed as if there were added to the Seventh Schedule to the Act of 1927 the following two new Parts:— | ||
PART III | ||
Officers. | ||
1.—(a) mother, | ||
(b) father over 60 years of age, or incapacitated by ill-health, | ||
(c) permanently invalided brother, or permanently invalided unmarried sister, | ||
(d) grandparents. | ||
2.—An allowance shall be payable to one or more of the dependants mentioned of a deceased officer, who, in the opinion of the Minister, were wholly dependent on such officer. | ||
3.—Where no allowance is payable under the terms of the immediately preceding paragraph, one allowance shall be payable to such one of the dependants mentioned of a deceased officer as the Minister may direct who was mainly dependent on such officer. | ||
4.—Whenever any dependant was wholly or mainly dependent on more than one deceased person, such dependant shall not receive, in respect of such deceased persons, allowances exceeding in the whole the maximum allowance which could be granted to such dependant under this Schedule in respect of any one of such deceased persons. In this clause the expression “deceased person” includes a deceased officer as well as a deceased soldier. | ||
5.—A dependant's allowance granted to any person under the terms of this Part of this Schedule shall be an annual sum of fifty-two pounds. | ||
PART IV. | ||
Soldiers. | ||
1.—(a) mother, | ||
(b) father over 60 years of age, or incapacitated by ill-health, | ||
(c) permanently invalided brother, or permanently invalided unmarried sister, | ||
(d) grandparents. | ||
2.—An allowance shall be payable to one or more of the dependants mentioned of a deceased soldier, who, in the opinion of the Minister, were wholly dependent on such soldier. | ||
3.—Where no allowance is payable under the terms of the immediately preceding paragraph, one allowance shall be payable to such one of the dependants mentioned of a deceased soldier as the Minister may direct who was mainly dependent on such soldier. | ||
4.—Whenever any dependant was wholly or mainly dependent on more than one deceased person, such dependant shall not receive, in respect of such deceased persons, allowances exceeding in the whole the maximum allowance which could be granted to such dependant under this Schedule in respect of any one of such deceased persons. In this clause the expression ‘deceased person’ includes a deceased officer as well as a deceased soldier. | ||
5.—A dependant's allowance granted to any person under the terms of this Part of this Schedule shall be an annual sum of twenty-six pounds. | ||
(6) Every allowance granted, by virtue of the amendments effected by this section, under sub-section (2) of section 14 or sub-section (2) of section 15 of the Act of 1927, shall commence on such date (not being earlier than the date of the death of the person in respect of whom the allowance is payable) as the Minister may determine. | ||
(7) Every application for an allowance under sub-section (2) of section 14 or sub-section (2) of section 15 of the Act of 1927, as amended by this section, shall be made— | ||
(a) in case the person in respect of whom the allowance is claimed died before the date of the passing of this Act, within twelve months after the said date; | ||
(b) in case such person died on or after the said date, within twelve months after the date of his death. | ||
(8) No allowance shall be granted to the dependants, mentioned in Parts III and IV (which said Parts are inserted by this section) of the Seventh Schedule to the Act of 1927, of an officer or soldier unless the wound which occasioned the death of such officer or soldier was received during the emergency period. | ||
(9) Sub-section (2) of section 25 of the Act of 1932 is hereby repealed. |