Army Pensions Act, 1953

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PART V.

Amendment of the Acts in Relation to Special Allowances.

Amendment of section 7 of the Act of 1943.

41.—(1) Section 7 of the Act of 1943 is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) (a) Subject to the provisions of this section the Minister may, with the consent of the Minister for Finance, grant 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.

(b) The Minister for Finance may, from time to time and in respect of a specified period, give, subject to such conditions as he may from time to time decide, a general consent for the purpose of paragraph (a) of this subsection, and during any such specified period the requirement that the Minister for Finance be satisfied that the statutory conditions are complied with shall not apply.”

(2) The following subsection is hereby substituted for subsection (6) of section 7 of the Act of 1943—

“(6) (a) Where an application for a special allowance has been refused or where a special allowance has terminated or has been terminated, no further application for such allowance or no application for a renewal of such allowance (as the case may be) shall be entertained within a period of twelve months from the date of the refusal or termination.

(b) Notwithstanding paragraph (a) of this subsection the Minister may, in his absolute discretion, entertain a further application made within twelve months after the refusal or termination of a special allowance if the applicant produces evidence satisfactory to the Minister that he complies with the statutory conditions.”

(3) The definition of the expression “qualified person” contained in subsection (9) of section 7 of the Act of 1943, as amended by subsection (1) of section 14 of the Act of 1946 and by subsection (2) of section 9 of the Act of 1949, is hereby repealed, and for the purposes of the said section 7 of the Act of 1943 a qualified person means—

(a) a person who was a member of an organisation to which Part II of the Act of 1932 applies and who was granted—

(i) 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 any part of the period which commenced on the 23rd day of April, 1916, and ended on the 11th day of July, 1921, or

(ii) a wound or disability pension under the Acts in respect of a wound received or a disability contracted in the said period, or

(iii) a medal in respect of service during any part of the week which commenced on the 23rd day of April, 1916, or

(iv) a medal in respect of continuous membership during the period of three months which ended on the 11th day of July, 1921, if the Minister is satisfied that it was duly awarded on application made not later than twelve months after the date of the passing of this Act; or

(b) a person who was granted a service, wound or disability pension under the Connaught Rangers (Pensions) Acts, 1936 to 1953.

(4) Subsection (9) of section 7 of the Act of 1943 is hereby amended—

(a) by the substitution for the words “the expression ‘the appropriate annual sum’ means” of the following—

“the expression ‘the appropriate annual sum’ means, in relation to a person whose age is seventy years or more”;

(b) by the insertion, immediately after the definition of the expression mentioned in paragraph (a) of this subsection of the following—

“the expression ‘the appropriate annual sum’ means, in respect of a person whose age is less than seventy years—

(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 a widow married after the 30th day of September, 1942, or a widower or widow with no children, £104;

(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, £130;

(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, £130 and £10 8s. 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, £104, and £10 8s. in respect of each child.”