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Amendment of the Acts in relation to widows' allowances.
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30.—(1) In this section “the relevant provisions of the Acts” means—
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(a) the following provisions of the Act of 1927, namely—
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(i) paragraph (ii) of subsection (1) of section 14 (in so far as it applies to a person mentioned in paragraph (e) of that subsection) as amended by subsection (1) of section 25 of the Act of 1932,
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(ii) subsection (6) of section 14 (in so far as it relates to a person mentioned in paragraph (a), paragraph (b) or paragraph (c) of subsection (2) of that section),
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(iii) subsection (4) of section 15 (in so far as it relates to a person mentioned in paragraph (a), paragraph (b) or paragraph (c) of subsection (2) of that section);
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(b) section 12 of the Act of 1932, as amended by section 19 of the Act of 1937.
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(2) The relevant provisions of the Acts, as respects any deceased person who was engaged in pre-truce military service and
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(a) who was a member of an organisation to which Part II of the Act of 1932 applied, or
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(b) who either died from a disease before the 10th day of December, 1932, while serving in the forces, or was discharged from the forces before the said date suffering from a disease, or
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(c) who, in the case of a person who was killed, was killed before the 10th day of December, 1932, or
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(d) who, in the case of a person who died as a result of a wound, received such wound before the 10th day of December, 1932,
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shall be construed as if the sole condition necessary as to the marriage of that person, for the grant of a widow's allowance and children's allowances under the Acts to the widow and children of such person was that such marriage took place on or after the 10th day of December, 1932, and before the 5th day of August, 1953, and accordingly, the appropriate widow's allowance and children's allowances shall, on application being made to the Minister, be payable under the Acts, from such date (not earlier than the date of the passing of this Act) as the Minister may determine to such widow (provided she had not remarried on or before such date) and children.
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(3) Where a person who was engaged in pre-truce military service died while in receipt of a wound pension or a disability pension and would have been entitled, immediately prior to the date of his death, to a further pension or a married pension if the sole condition for the grant of such further pension or married pension had been that his marriage took place on or after the 10th day of December, 1932, and before the 5th day of August, 1953, and provided the death of such person was due solely to the wound or disease in respect of which the wound pension or the disability pension (as the case may be) was granted, the Minister, on application being made to him, may grant to the widow (provided she has not remarried) and children of such person the appropriate allowances under the Acts as amended by this Act.
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(4) (a) No application under the Acts as amended by this Act for a widow's or child's allowance in respect of a deceased person shall be entertained unless an application was previously duly made under the Acts for such allowance or for a widow's gratuity in respect of that deceased person.
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(b) Notwithstanding paragraph (a) of this subsection, it shall be lawful for the widow and children of a deceased person who, at the date of his death, was in receipt of a disability pension or a wound pension to apply for and be granted a widow's and child's allowance under the Acts as amended by this Act.
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(c) Notwithstanding paragraph (a) of this subsection, it shall be lawful for a person who did not previously apply for a widow's or child's allowance or for a widow's gratuity under the Acts in respect of the death of a person to whom subsection (2) of this section applies to apply for and be granted such allowance under the Acts as amended by this Act provided that, if such person had duly made an application for an allowance or gratuity under the Acts in respect of such deceased person, such application would have been refused solely on the ground that the applicant did not comply with the relevant provisions of the Acts.
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(5) (a) Where, before the passing of this Act, an application was duly made under the Acts for a widow's or child's allowance or for a gratuity in respect of a deceased person and such application was refused on grounds other than failure to comply with the relevant provisions of the Acts, no further application under the Acts as amended by this Act in respect of that deceased person shall be entertained.
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(b) It shall be lawful for a person who previously applied for a widow's or child's allowance or for a widow's gratuity under the Acts and whose application was refused solely on the ground of failure to comply with the relevant provisions of the Acts, to apply for and be granted such allowance under the Acts as amended by this Act.
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(6) Subsections (1), (2) and (3) of section 5 and section 7 of the Act of 1959 shall not be construed as affecting the operation of subsection (3) of this section.
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(7) Every application for an allowance under the relevant provisions of the Acts as amended by this Act shall be made not later than twelve months after the date of the passing of this Act and shall be in such form and contain such particulars as the Minister may require.
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