I, PATRICK COONEY, Minister for Defence, in exercise of the powers conferred on me by section 7 of the Army Pensions Act, 1968 (No. 12 of 1968), as adapted by the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 294 of 1973 ), hereby, with the consent of the Minister for the Public Service, make the following Regulations:

PART I.PRELIMINARY.

1 Short title, collective citation.

1. (1) These Regulations may be cited as the Army Pensions (Increase) Regulations, 1985.

(2) The Army Pensions (Increase) Regulations, 1969 to 1984, and these Regulations may be cited together as the Army Pensions (Increase) Regulations, 1969 to 1985.

2 Definitions and construction.

2. (1) In these Regulations—

"the Act of 1927" means the Army Pensions Act, 1927 (No. 12 of 1927);

"the Act of 1932" means the Army Pensions Act, 1932 (No. 24 of 1932);

"the Act of 1937" means the Army Pensions Act, 1937 (No. 15 of 1937);

"the Act of 1941" means the Army Pensions Act, 1941 (No. 2 of 1941);

"the Act of 1943" means the Army Pensions Act, 1943 (No. 14 of 1943);

"the Act of 1953" means the Army Pensions Act, 1953 (No. 23 of 1953);

"the Act of 1959" means the Army Pensions Act, 1959 (No. 15 of 1959);

"the No. 2 Act of 1960" means the Army Pensions (No. 2) Act, 1960 (No. 39 of 1960);

"the Act of 1962" means the Army Pensions Act, 1962 (No. 22 of 1962);

"the Act of 1971" means the Army Pensions Act, 1971 (No. 26 of 1971);

"the Acts" means the Army Pensions Acts, 1923 to 1973;

"the Increase Regulations of 1969" means the Army Pensions (Increase) Regulations, 1969 ( S.I. No. 191 of 1969 );

"the No. 5 Increase Regulations of 1984" means the Army Pensions (Increase) (No. 5) Regulations, 1984 ( S.I. No. 357 of 1984 ).

(2) These Regulations shall be construed as one with the Acts and the Army Pensions (Increase) Regulations, 1969 to 1984.

(3) Reference in these Regulations to any enactment shall be construed as references to that enactment as amended by any subsequent enactment or regulations.

PART IIPENSIONS AND ALLOWANCES, INCLUDING SPECIAL ALLOWANCES, PAYABLE UNDER THE ARMY PENSIONS ACTS, 1923 to 1973.

3 Amendment of paragraph 3 of Increase Regulations of 1969.

3. (1) A wound pension or disability pension to which paragraph 3 of the Increase Regulations of 1969 applies, which is payable at a rate mentioned in column (2) of the Table to paragraph 3 of the No. 5 Increase Regulations of 1984, shall be payable at the increased rate mentioned in column (2) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

(2) A further or married pension to which paragraph 3 of the Increase Regulations of 1969 applies, which is payable at a rate mentioned in column (3) of the Table to paragraph 3 of the No. 5 Increase Regulations of 1984, shall be payable at the increased rate mentioned in column (3) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

TABLE.

Degree of Disablement	Increased rate of pension per annum	Increased rate of further or married pension per week
(1)	(2)	(3)
per cent	£	£
100	5,107.56	18.42
95	4,901.40	17.47
90	4,708.56	16.55
85	4,508.76	15.58
80	4,320.00	14.88
75	4,113.60	13.96
70	3,854.76	13.01
65	3,599.16	11.99
60	3,389.04	11.37
55	3,203.88	10.35
50	3,029.88	9.23
45	2,727.24	8.32
40	2,421.00	7.34
35	2,154.12	6.76
30	1,861.32	5.72
25	1,551.60	4.88
20	1,241.64	3.74

4 Amendment of paragraph 4 of Increase Regulations of 1969.

4. A wound or disability pension to which paragraph 4 of the Increase Regulations of 1969 applies, which is payable to an officer discharged from the forces before the 2nd of January, 1985, shall—

( a ) in case such officer was discharged from the forces before the 2nd day of February, 1984, be increased to the amount which would be payable to such an officer under the Acts if he had been discharged from the forces on the 2nd day of July, 1984, and his rank and service in that rank on that date were the same as those on the date of his actual discharge increased by 3 per cent;

( b ) in case such officer was discharged from the forces on or after the 2nd day of February, 1984, and before the 2nd day of December, 1984, be the actual amount payable to him under the Acts increased by 3 per cent;

( c ) in case such officer was discharged from the forces on or after the 2nd day of December, 1984, and before the 2nd day of January, 1985, be increased to the amount which would be payable to such an officer under the Acts if he had been discharged from the forces on the 2nd day of January, 1985, and his rank and service in that rank were the same as those on the date of his actual discharge.

5 Amendment of paragraph 5 of Increase Regulations of 1969.

5. A wound or disability pension to which paragraph 5 of the Increase Regulations of 1969 applies, which is payable at a rate mentioned in column (2) of the Table to paragraph 5 of the No. 5 Increase Regulations of 1984, shall be payable at the increased rate mentioned in column (2) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

TABLE.

Degree of Disablement	Increased rate of pension per week
(1)	(2)
per cent	£
100	61.44
95	59.47
90	57.08
85	53.96
80	51.28
75	48.08
70	44.86
65	42.26
60	39.41
55	36.07
50	32.91
45	29.45
40	26.22
35	22.92
30	19.75
25	16.34
20	13.09

6 Amendment of paragraph 6 of Increase Regulations of 1969.

6. A further or married pension to which paragraph 6 of the Increase Regulations of 1969 applies, which is payable at a rate mentioned in column (2) of the Table to paragraph 6 of the No. 5 Increase Regulations of 1984, shall be payable at the increased rate mentioned in column (2) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

TABLE.

Degree of Disablement	Increased rate of further or married pension per week
(1)	(2)
per cent	£
100	12.29
95	11.76
90	11.37
85	10.54
80	9.87
75	9.23
70	8.53
65	8.14
60	7.34
55	6.96
50	6.34
45	5.72
40	5.09
35	4.46
30	3.74
25	3.30
20	2.76

7 Amendment of Third Schedule to the Act of 1927.

7. The Third Schedule to the Act of 1927 shall be construed as if—

( a ) for the reference in Part I to a married pension of £479.04 per annum there were substituted a reference to a married pension of £493.44 per annum, and

( b ) for the reference in Part II to a married pension of £6.15 a week there were substituted a reference to a married pension of £6.34 a week,

and the said Schedule, as so amended, is set out in the Table to this paragraph.

TABLE.

THIRD SCHEDULE.

PART I.

Officers.

The married pension payable to an officer in receipt of a pension under this Schedule who is entitled to a married pension shall be at the rate of £493.44 per annum.

PART II.

Soldiers.

The married pension payable to a soldier in receipt of a pension under this Schedule who is entitled to a married pension shall be at the rate of £6.34 a week.

8 Amendment of section 3 of the Act of 1943.

8. Section 3 of the Act of 1943 shall be construed as if for the reference in the Table to subsection (5) to a married pension of £709.08 per annum there were substituted a reference to a married pension of £730.44 per annum and the said Table, as so amended, is set out in the Table to this paragraph.

TABLE.

THIRD SCHEDULE.

PART I.

Officers.

The married pension payable to an officer in receipt of a pension under this Schedule who is entitled to a married pension shall be at the rate of £730.44 per annum.

9 Amendment of paragraph 9 of Increase Regulations of 1969.

9. A married pension to which paragraph 9 of the Increase Regulations of 1969 applies, which is payable at a rate mentioned in columns (2) and (3) of the Table to paragraph 9 of the No. 5 Increase Regulations of 1984, shall be payable at the increased rate mentioned in column (2) and (3) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

TABLE.

Degree of Disablement	Increased rate of married pension per week
In respect of wife	In respect of each eligible child
(1)	(2)	(3)
per cent	£	£
100	9.23	5.09
90	8.42	4.62
80	7.34	3.93
70	6.76	3.63
60	5.72	3.24
50	4.70	2.76
40	3.74	2.23
30	2.92	1.70
20	2.23	1.39

10 Amendment of paragraph 10 of Increase Regulations of 1969.

10. An allowance to which paragraph 10 of the Increase Regulations of 1969 applies, which is payable at a rate mentioned in the Table to paragraph 10 of the No. 5 Increase Regulations of 1984 at a particular reference number, shall be payable at the increased rate mentioned in the Table to this paragraph at that reference number.

TABLE.

Reference No.	Increased rate of allowance
	£
1	2,727.24 per annum
2	752.88 per annum
3	1,241.64 per annum
4	31.18 per week
5	27.38 per week
6	8.14 per week
7	5.59 per week
8	13.81 per week
9	23.52 per week

11 Amendment of paragraph 11 of Increase Regulations of 1969.

11. An allowance to which paragraph 11 of the Increase Regulations of 1969 applies, which is payable at a rate mentioned in the Table to paragraph 11 of the No. 5 Increase Regulations of 1984 at a particular reference number, shall be payable at the increased rate mentioned in the Table to this paragraph at that reference number.

TABLE.

Reference No.	Increased rate of allowance
	£
1	1,861.32 per annum
2	2,727.24 per annum
3	3,389.04 per annum
4	556.44 per annum
5	1,040.76 per annum
6	1,617.72 per annum
7	801.24 per annum
8	19.74 per week
9	7.31 per week
10	14.81 per week

12 Amendment of paragraph 12 of Increase Regulations of 1969.

12. A gratuity to which paragraph 12 of the Increase Regulations of 1969 applies, which is payable at a rate mentioned in the Table to paragraph 12 of the No. 5 Increase Regulations of 1984 at a particular reference number, shall be payable at the increased rate mentioned in the Table to this paragraph at that reference number.

TABLE.

Reference No.	Increased rate of gratuity
	£
1	3,146.38
2	1,878.50
3	2,521.82
4	155.74
5	1,261.04
6	77.88
7	2,337.07
8	3,386.96
9	1,405.35
10	1,545.85
11	3,242.88
12	2,706.55

13 Amendment of paragraph 13 of Increase Regulations of 1969.

13. A wound or disability pension to which paragraph 13 of the Increase Regulations of 1969 applies, which is payable at a rate mentioned in column (2) of the Table to paragraph 13 of the No. 5 Increase Regulations of 1984, shall be payable at the increased rate mentioned in column (2) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

TABLE.

Degree of Disablement	Increased scale of pension per annum
(1)	(2)
per cent	£
100	3,203.88
90	2,999.88
80	2,663.88
70	2,365.56
60	2,054.88
50	1,707.12
40	1,370.76
30	1,022.64
20	683.04

14 Amendment of paragraph 14 of Increase Regulations of 1969.

14. (1) A wound pension or disability pension granted under section 10 (1) or 10 (2) of the Act of 1932, which is payable at a rate mentioned in column (2) of the Table to paragraph 14 of the No. 5 Increase Regulations of 1984, shall be payable at the increased rate mentioned in column (2) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

(2) A married pension granted under section 10(3) of the Act of 1932, which is payable at the rate mentioned in column (3) of the Table to paragraph 14 of the No. 5 Increase Regulations of 1984, shall be payable at the increased rate mentioned in column (3) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

TABLE.

Degree of Disablement	Increased rate of pension per annum	Increased rate of married pension per week
(1)	(2)	(3)
per cent	£	£
100	4,113.60	13.96
95	3,917.28	13.01
90	3,728.76	12.29
85	3,540.84	11.90
80	3,389.04	10.82
75	3,251.52	10.35
70	3,122.40	9.77
65	2,960.64	9.09
60	2,727.24	8.22
55	2,508.96	7.77
50	2,283.72	6.96
45	2,105.64	6.34
40	1,861.32	5.59
35	1,629.72	4.96
30	1,392.72	3.93
25	1,159.44	3.48
20	934.56	3.18

15 Amendment of Second Schedule to the Act of 1932.

15. The Second Schedule (which specifies allowances to certain classes of persons) to the Act of 1932 is hereby amended—

( a ) by the substitution in paragraph 1 of Part I of "£2,084.16" for "£2,023.44",

( b ) by the substitution in paragraphs 2 and 3 of Part I of "£556.44" and "£934.56" for "£540.12" and "£907.32", respectively, and

( c ) by the substitution in paragraph 5 of Part II of "£23.52" for "£22.83",

and the said Schedule, as so amended, is set out in the Table to this paragraph.

TABLE.

SECOND SCHEDULE.

PART I.

1.	Widow	£2,084.16 per annum during widowhood
2.	Each son under the age of 18	(a) while mother is living— £556.44 per annum,
		(b) after death of mother— £934.56 per annum
3.	Each unmarried daughter under the age of 21	(a) while mother is living— £556.44 per annum,
		(b) after death of mother— £934.56 per annum

PART II.

5.	( a ) Mother	One allowance at the rate of £23.52 per week. If there are two or more such dependants only one allowance shall be payable to such one of the dependants as the Minister for Defence shall direct.
	( b ) Father over 60 years of age or incapacitated by ill-health
	( c ) Permanently invalided brother or permanently invalided unmarried sister
	( d ) Grandparents

16 Increase of allowance to certain relatives of Signatories to the Proclamation published on Easter Monday, 1916.

16. Section 3(1) of the Act of 1937 is hereby amended by the substitution in paragraph (c) (which relates to the allowance payable to each sister of a Signatory to the Proclamation published on Easter Monday, 1916) of "£4,150.44", for "£4,029.48" and the said section 3(1), as so amended, is set out in the Table to this paragraph.

TABLE.

3. (1) There shall be paid out of moneys provided by the Oireachtas—

( c ) to each sister of a Signatory, an allowance of £4,150.44 per annum during her life.

17 Increase of final pensions under section 26 of the Act of 1937, section 6 of the Act of 1941, section 6 of the Act of 1943 and section 5 of the No 2 Act of 1960.

17. (1) Every final pension under section 26 of the Act of 1937, section 6 of the Act of 1941, section 6 of the Act of 1943 and section 5 of the No. 2 Act of 1960, which is payable at the rate of £22.83 per week, shall be payable at the rate of £23.52 per week.

(2) Every final pension under section 26 of the Act of 1937, section 6 of the Act of 1941, section 6 of the Act of 1943 and section 5 of the No. 2 Act of 1960, which is payable at the rate of £30.27 per week, shall be payable at the rate of £31.18 per week.

18 Amendment of paragraph 18 of Increase Regulations of 1969.

18. A pension to which paragraph 18 of the Increase Regulations of 1969 applies, which is payable at a rate mentioned in column (2) of the Table to paragraph 18 of the No. 5 Increase Regulations of 1984, shall be payable at the increased rate mentioned in column (2) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

TABLE.

Degree of Disablement	Increased rate of pension per annum
(1)	(2)
per cent	£
100	3,029.88
90	2,727.24
80	2,421.00
70	2,154.12
60	1,861.32
50	1,551.60
40	1,241.64
30	934.56
20	619.56

19 Amendment of First Schedule to the Act of 1962.

19. The First Schedule to the Act of 1962 is hereby amended by—

( a ) the substitution of the following Table for the Table to Part I:

Degree of Disablement	Married pension per week
per cent	£
100	9.23
90	8.32
80	7.31
70	6.65
60	5.59
50	4.70
40	3.73
30	3.18
20	2.32

( b ) the substitution of the following Table for the Table to Part II:

Degree of Disablement	Married pension per week
per cent	£
100	9.23
90	8.32
80	7.31

", and

( c ) the substitution of the following Table for the Table to Part III:

Rate of Pension per week	Rate of married pension per week
£	£
31.18	4.96
23.52	3.74

20 Amendment of Second Schedule to the Act of 1962.

20. The Second Schedule (which specifies allowances to dependants of certain deceased persons) to the Act of 1962 is hereby amended by the substitution of "£19.74", "£7.31" and "£14.81" for "£19.16", "£7.09" and "£14.37", respectively, and the said Schedule, as so amended, is set out in the Table to this paragraph.

TABLE.

SECOND SCHEDULE.

1. Widow

£19.74 per week during widowhood.

3. Children who are, in the case of sons under the age of 18, and in the case of daughters unmarried and under the age of 18.

( a ) while mother is living, £7.31 per week for each child,

( b ) after death of mother, £14.81 per week for each child.

21 Amendment of paragraph 21 of Increase Regulations of 1969.

21. (1) Paragraph 21 (a) of the Increase Regulations of 1969 is hereby amended by the substitution of—

( a ) "£1,077" for "£1,049" in clauses (i) and (ii),

( b ) "£1,097" for "£1,069" in clauses (iii) and (v), and

( c ) "£1,120" for "£1,092" in clauses (iv) and (vi), and the said paragraph 21(a), as so amended, is set out in the Table to this paragraph.

TABLE.

21. ( a ) The expression "the appropriate annual sum" means, in respect of a person whose age is seventy years or more—

(i) in relation to a single man or woman or to a widower or widow with no children, £1,077;

(ii) in relation to a widower or widow who has children, the sum of the following amounts, namely, £1,077 and £12 in respect of each child;

(iii) in relation to a married man or woman whose spouse is living and who has no children and who is in receipt of an old age (contributory) pension, retirement pension or invalidity pension under the Social Welfare Acts, or whose spouse is in receipt of such pension or of an old age (non-contributory) pension or a blind pension under the Old Age Pensions Acts, £1,097:

(iv) in relation to any married man or woman not mentioned in subparagraph (iii) above whose spouse is living and who has no children, £1,120;

(v) in relation to a married man or woman whose spouse is living and who has children and who is in receipt of an old age (contributory) pension, retirement pension or invalidity pension under the Social Welfare Acts, or whose spouse is in receipt of such pension or of an old age (non-contributory) pension or a blind pension under the Old Age Pensions Acts, the sum of the following amounts, namely, £1,097 and £12 in respect of each child;

(vi) in relation to any married man or woman not mentioned in sub-paragraph (v) above whose spouse is living and who has children, the sum of the following amounts, namely, £1,120 and £12 in respect of each child.

(2) The minimum rate of special allowance, as amended by this paragraph shall, with effect from 1st day of January, 1985, be £383.00 per annum.

22 Increase of allowances under Section 4 of the Act of 1953.

22. Section 4 (1) of the Act of 1953 (which provides for allowances to certain relatives of certain deceased persons with pre-truce military service) is hereby amended by—

(i) the substitution in paragraph (a) of "£4,150.44" for "£4,029.48",

(ii) the substitution in paragraph (aa) and (ab) (inserted by section 8 of the Act of 1959) of "£2,084.16" for "£2,023.44",

(iii) the substitution in paragraph (b) of "£2,997.36" for "£2,910.00", and

(iv) the substitutions in paragraphs (c) and (d) of "£2,084.16" for "£2,023.44",

and the said section 4(1), as so amended, is set out in the Table to this paragraph.

TABLE.

4. (1) The Minister may, on account of the death of any person to whom this Part applies, on application being made to him—

( a ) grant to the widow of such deceased person provided such widow has not re-married an annual allowance of £4,150.44 during widowhood;

( aa ) grant to any permanently invalided son of such deceased person an annual allowance of £2,084.16, provided the permanent invalidism of such son existed before he attained the age of 18 years;

( ab ) grant to any permanently invalided daughter of such deceased person, provided such daughter is unmarried or a widow, an annual allowance of £2,084.16, while she remains unmarried or a widow (as the case may be) and provided the permanent invalidism of such daughter existed before she attained the age of 21 years;

( b ) grant to any parent of such deceased person an annual allowance of £2,997.36;

( c ) grant to any sister of such deceased person, provided such sister is unmarried or a widow, an annual allowance of £2,084.16 while she remains unmarried or a widow (as the case may be) and provided such sister—

(i) was dependent on such deceased person at the date of his death, or

(ii) should, in the opinion of the Minister for the Public Service, be treated, having regard to all the circumstances of the case, as a dependant of such deceased person;

( d ) grant to any permanently invalided brother of such deceased person, an annual allowance of £2,084.16, provided such brother—

(i) was dependent on such deceased person at the date of his death, or

(ii) should, in the opinion of the Minister for the Public Service, be treated, having regard to all the circumstances of the case, as a dependant of such deceased person.

23 Increase of allowance to certain children of Signatories to the Proclamation published on Easter Monday, 1916.

23. Section 45(1) of the Act of 1953 (which relates to the allowances payable to certain children of Signatories to the Proclamation published on Easter Monday, 1916), is hereby amended by the substitution of "£2,084.16" for "£2,023.44", and the said section 45(1), as so amended, is set out in the Table to this paragraph,

TABLE.

45. (1) There shall be paid out of moneys provided by the Oireachtas, on application being made to the Minister, an annual allowance of £2,084.16 to—

( a ) each daughter of a Signatory to the Proclamation published on Easter Monday, 1916, and

( b ) each son of such Signatory, where the Minister is satisfied that such son is incapable of self-support by reason of age or permanent infirmity of body or mind.

24 Increase of Allowance under section 1 of the Act of 1971.

24. Section 1(1) of the Act of 1971 is hereby amended—

(i) by the substitution in paragraph (a) of "£426.00" for "£413.64", and

(ii) by the substitution in paragraph (b) of the "1st January, 1985" for "1st July. 1984",

and the said 1 (1), as so amended, is set out in the Table to this paragraph.

TABLE.

1. (1) The Minister may grant to the widow (provided she has not remarried) of a person who was granted a pension under the Military Service Pensions Act, 1924 , or the Military Service Pensions Act, 1934 , or a service pension under the Connaught Rangers (Pensions) Act, 1936 . an allowance of—

( a ) £426.00 per annum, or

( b ) one half of the annual rate of pension payable under any of the said Acts to her husband on the 1st day of January, 1985, or which would be payable to him if he were alive on that date, whichever is the greater.

25 Commencement.

25. These Regulations shall be deemded to have come into operation on the 1st day of January, 1985.

GIVEN under my Official Seal, this 29th day of August, 1985.

PATRICK COONEY.

The Minister for the Public Service hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for the Public

Service, this 29th day of August, 1985.

JOHN BOLAND.

EXPLANATORY NOTE.

These Regulations provide for the Budgetary increases effective from 1st January, 1985 in pensions, allowances (including special allowances) and gratuities payable under the Army Pensions Act, 1923 to 1973 and the Army Pensions (Increase) Regulations, 1969.