Army Pensions Act, 1959
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Provisions in relation to adopted children. |
13.—(1) In this section, “adopted” means adopted under the Adoption Act, 1952 . | |
(2) Where— | ||
(a) a former member of the forces, to whom a wound pension is payable, and his wife have adopted a child before the date on which he received the wound in respect of which the wound pension is payable, or | ||
(b) a former member of the forces, to whom a disability pension is payable, and his wife have adopted a child before the date of his discharge from the forces, that child shall, for the purposes of the provisions of the Acts (except the Act of 1932) and this Act relating to further or married pensions be considered as the child of the adopters born to them in lawful wedlock and not to be the child of any other person. | ||
(3) Where— | ||
(a) a deceased former member of the forces, to whom a wound pension was payable, and his wife adopted a child before the date on which he received the wound in respect of which the wound pension was payable, or | ||
(b) a deceased former member of the forces, to whom a disability pension was payable, and his wife adopted a child before the date of his discharge from the forces, | ||
the child shall for the purposes of the provisions of the Acts (except the Act of 1932) and this Act relating to dependants' allowances be considered as the child of the adopters born to them in lawful wedlock and not to be the child of any other person. | ||
(4) Where a person, to whom a special allowance under section 7 of the Act of 1943 is granted, and his wife adopted a child before the date on which the special allowance commenced, such child shall for the purposes of the said section 7 be considered as the child of the adopters born to them in lawful wedlock and not to be the child of any other person. | ||
(5) Where— | ||
(a) a further or married pension is payable to any person who, solely by reason of his having an adopted child, is a married man for the purposes of the Acts, and | ||
(b) such adopted child is in receipt of an allowance which is payable out of moneys provided by the Oireachtas or out of the funds of a local authority or of any other body established by statute, and | ||
(c) such allowance is payable by reason of services rendered by the child's natural father or by his mother, being services which were remunerated out of such moneys or funds, | ||
the following provisions shall have effect— | ||
(i) if the amount per annum of such allowance equals or exceeds the amount per annum of such pension, such pension shall not be payable while such allowance continues to be payable, | ||
(ii) if the amount per annum of such allowance is less than the amount per annum of such pension, the amount of such pension which shall be payable shall, while such allowance continues to be paid, be an amount equal to the difference between the amount per annum of such allowance and the amount per annum of such pension. | ||
(6) Where— | ||
(a) an adopted child to whom a dependant's allowance under the Acts (in this subsection referred to as the allowance under the Acts) is payable is in receipt of any ether continuing allowance (in this subsection referred to as the second allowance) which is payable out of moneys provided by the Oireachtas or out of the funds of a local authority or of any other body established by statute, and | ||
(b) the second allowance is payable by reason of services rendered by the child's natural father or by his mother, being services which were remunerated out of such moneys or funds, | ||
the following provisions shall have effect— | ||
(i) if the amount per annum of the second allowance equals or exceeds the amount of the allowance under the Acts, the allowance under the Acts shall not be payable while the second allowance continues to be payable, | ||
(ii) if the amount per annum of the second allowance is less than the amount of the allowance under the Acts, the amount of the allowance under the Acts which shall be payable shall, while the second allowance continues to be paid, be an amount equal to the difference between the amount per annum of the second allowance and the amount of the allowance under the Acts. |