S.I. No. 359/1985 - Army Pensions Regulations, 1985.

S.I. No. 359 of 1985.

ARMY PENSIONS REGULATIONS, 1985.

ARRANGEMENT OF PARAGRAPHS.

Paragraph

1. Short title, collective citation and construction.

2. Commencement.

3. Definitions.

4. Amendment of Seventh Schedule to the Act of 1927 and Second Schedule to the No. 2 Act of 1960.

5. Further amendment of Seventh Schedule to the Act of 1927 and Second Schedule to the No. 2 Act of 1960.

6. Amendment of section 1 of the Act of 1971.

7. Construction of words — section 1 of the Act of 1971.

8. Construction of words — sections 14 and 15 of the Act of 1927, section 7 of the Act of 1962 and sections 3, 8 and 11 of the Act of 1968.

9. Amendment of section 37 of the Army Pensions Act, 1957.

S.I. No. 359 of 1985.

ARMY PENSIONS REGULATIONS, 1985.

I, PATRICK COONEY, Minister for Defence, in exercise of the powers conferred on me by section 7 of the Army Pensions Act, 1980 (No. 21 of 1980), and with the consent of the Minister for the Public Service, hereby make the following Regulations:

1 Short title, collective citation and construction.

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

(2) The Army Pensions Regulations, 1981 ( S.I. No. 50 of 1981 ), and these Regulations may be cited together as the Army Pensions Regulations, 1981 to 1985.

(3) These Regulations shall be construed as one with the Acts and the Army Pensions Regulations, 1981.

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

2 Commencement.

2. These Regulations shall be deemed to have come into operation on the day after the date on which they are made.

3 Definitions.

3. In these Regulations—

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

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

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

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

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

4 Amendment of Seventh Schedule to the Act of 1927 and Second Schedule to the No. 2 Act of 1960.

4. (1) Part I and Part II (inserted by section 14(1) of the Act of 1960) of the Seventh Schedule to the Act of 1927 and Part I and Part II of the Second Schedule to the No. 2 Act of 1960 are hereby amended by the substitution in paragraph 4 of each Part of "£120" for "£60", and the said paragraphs, as so amended, are set out in the Table to this paragraph.

TABLE.

Allowances to Dependants.

PART I.

Officers.

4. Children over the age of 11 and under the age of 18.

Repayment of amount proved to have been in fact necessarily and properly expended in educational fees but not exceeding £120 in any one calender year in respect of any one child. This allowance is additional to the allowance stated at paragraph 3.

PART II.

Soldiers.

4. Children over the age of 11 and under the age of 18.

Repayment of amount proved to have been in fact necessarily and properly expended in educational fees but not exceeding £120 in any one calendar year in respect of any one child. This allowance is additional to the allowance stated at paragraph 3.

(2) This paragraph shall be deemed to have come into operation on the 1st day of January, 1981.

5 Further amendment of Seventh Schedule to the Act of 1927 and Second Schedule to the No. 2 Act of 1960.

5. (1) Part I and Part II (inserted by section 14(1) of the Act of 1960) of the Seventh Schedule to the Act of 1927 and Part I and Part II of the Second Schedule to the No. 2 Act of 1960 are hereby further amended by the substitution in paragraph 4 of each Part (as amended by paragraph 4 of these Regulations) of "£300" for "£120", and the said paragraphs, as so amended, are set out in the Table to this paragraph.

TABLE

Allowances to Dependants.

PART I.

Officers.

4. Children over the age of 11 and under the age of 18.

Repayment of amount proved to have been in fact necessarily and properly expended in educational fees but not exceeding £300 in any one calendar year in respect of any one child. This allowance is additional to the allowance stated at paragraph 3.

PART II.

Soldiers.

4. Children over the age of 11 and under the age of 18.

Repayment of amount proved to have been in fact necessarily and properly expended in educational fees but not exceeding £300 in any one calender year in respect of any one child. This allowance is additional to the allowance stated at paragraph 3.

(2) This paragraph shall be deemed to have come into operation on the 1st day of January, 1982.

6 Amendment of section 1 of the Act of 1971.

6. Section 1 of the Act of 1971 is hereby amended by the insertion after subsection (4) of the following subsections:—

"(5) Notwithstanding that an allowance may not be granted under subsection (1) of this section to a person who has remarried (and to whom but for her re-marriage an allowance could have been granted under the said subsection), or that an allowance shall be terminated under subsection (3) of this section on the re-marriage of a person to whom an allowance was granted, the Minister may, if he is satisfied that the re-marriage has come to an end, or that there are compassionate grounds for the payment of an allowance, grant or restore the allowance, as the case may be.

(6) Every allowance granted or restored under subsection (5) of this section shall be payable from such date (being not earlier than the 1st day of July, 1980)—

( a ) in case the remarriage has terminated, from the date of the termination, or

( b ) in any other case, from a date not earlier than the date on which the application for the grant or restoration was received,

and shall be subject to such conditions as the Minister may determine."

7 Construction of words — section 1 of the Act of 1971.

7. (1) The provisions of section 1 of the Act of 1971 shall be construed as if every word in that section importing a reference to persons of the male or female sex imported a reference to persons of either sex.

(2) This paragraph shall be deemed to have come into operation on the 1st day of June, 1981.

8 Construction of words — sections 14 and 15 of the Act of 1927, section 7 of the Act of 1962 and sections 3, 8 and 11 of the Act of 1968.

8. (1) The provisions of section 14 and 15 of the Act of 1927, section 7 of the Army Pensions Act, 1962 (No. 22 of 1962), sections 3 , 8 and 11 of the Army Pensions Act, 1968 (No. 12 of 1968) and all schedules to the Acts shall, unless the contrary intention appears, be construed as if references to "married man", "wife", "mother" and "widow" in the said sections and schedules also referred to "married woman", "husband", "father" and "widower".

(2) This paragraph shall be deemed to have come into operation on the 1st day of January, 1983.

9 Amendment of section 37 of Army Pensions Act, 1957 .

9. (1) Section 37 of the Army Pensions Act, 1957 (No. 19 of 1957), is hereby amended by the substitution in subsection (3)(a) for "his widow" of "his widow or her widower, as the case may be".

(2) This paragraph shall be deemed to have come into operation on the 1st day of January, 1983.

GIVEN under my Official Seal, this 5th day of November, 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 5th day of November, 1985.

JOHN BOLAND.

EXPLANATORY NOTE

These Regulations provide for increases in the amounts repayable under the Army Pensions Acts 1923 to 1973 in respect of educational expenses; the grant or restoration of allowances under the Acts to certain widows and widowers of military service pensioners and the extension to female personnel of the benefits provided under the Acts in the case of male members of the Permanent Defence Force.