Army Pensions Act, 1943
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Special allowances to persons who served in Easter Week. |
7.—(1) Subject to the provisions of this section, there may be granted an allowance (in this section referred to as a special allowance) to any qualified person in whose case the Minister and the Minister for Finance are satisfied that the statutory conditions are complied with. | |
(2) A special allowance granted to any qualified person shall be an annual sum of such amount as will, when added to the yearly means of that person, not equal or exceed the appropriate annual sum. | ||
(3) A special allowance shall, subject to any directions of the Minister in special cases, be paid monthly in arrear and subject to such conditions as to identification or otherwise as the Minister may direct. | ||
(4) Every special allowance shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine. | ||
(5) Every application for a special allowance shall be in such form and contain such particulars as the Minister may require. | ||
(6) No application for a special allowance which has been refused shall be renewed within a period of twelve months from the date of refusal. | ||
(7) Section 40 of the Act of 1937 shall apply to a special allowance, subject to the following modifications, that is to say:— | ||
(a) the references therein to a dependant's allowance shall be construed as a reference to a special allowance; | ||
(b) the reference in sub-section (2) to fifteen shillings a week shall be construed as a reference to the appropriate annual sum. | ||
(8) Sections 9 , 10 , 11 , 12 and 14 of the Act of 1923, and section 21 of the Act of 1927, shall apply in respect of a special allowance, persons who are or claim to be entitled to special allowances, persons to whom special allowances are granted and persons applying for special allowances as if special allowances were mentioned in those sections respectively. | ||
(9) For the purposes of this section— | ||
the expression “qualified person” means a person who was a member of an organisation to which Part II of the Act of 1932 applies and who was granted— | ||
(a) a certificate of military service under the Military Service Pensions Act, 1924 (No. 48 of 1924), or a service certificate under the Military Service Pensions Act, 1934 (No. 43 of 1934), in respect of service during the week which commenced on the 23rd day of April, 1916, or service during that week and other service, or | ||
(b) a wound or disability pension under the Acts in respect of a wound or injury received or a disability contracted during the said week; | ||
the word “child” means a child under the age of eighteen years or, if over that age, incapable of self-support; | ||
the expression “the appropriate annual sum” means— | ||
(a) in relation to a single man or woman, or a married man or woman, married after the 30th day of September, 1942, or a widower or widow married after the 30th day of September, 1942, or a widower or widow with no children, £78; | ||
(b) in relation to a married man or woman, married before the 1st day of October, 1942, whose spouse is living but who has no children, £97 10s. 0d.; | ||
(c) in relation to a married man or woman, married before the 1st day of October, 1942, whose spouse is living and who has children, the sum of the following amounts, namely, £97 10s. 0d., and £10 8s. 0d. in respect of each child; | ||
(d) in relation to a widower or widow, married before the 1st day of October, 1942, who has children, the sum of the following amounts, namely, £78, and £10 8s. 0d. in respect of each child; | ||
references to the yearly means of a person shall be construed as references to the yearly means of that person as ascertained in accordance with the joint directions of the Minister and the Minister for Finance; | ||
the expression “the statutory conditions” in relation to a person means the following conditions:— | ||
(a) that the yearly means of such person do not equal or exceed the appropriate annual sum, and | ||
(b) that such person is incapable of self-support by reason οf age or permanent infirmity of body or mind. |