Army Pensions Act, 1943

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Number 14 of 1943.

ARMY PENSIONS ACT, 1943.

ARRANGEMENT OF SECTIONS

Number 14 of 1943.

ARMY PENSIONS ACT, 1943.

AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1941. [27th April, 1943.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Interpretation.

1.—(1) In this Act—

the expression “the Act of 1923” means the Army Pensions Act, 1923 (No. 26 of 1923), and, where the context so permits, shall be construed as meaning that Act as amended by the Act of 1927, and Part III of the Act of 1932, and Part III of the Act of 1937;

the expression “the Act of 1927” means the Army Pensions Act, 1927 (No. 12 of 1927), and, where the context so permits, shall be construed as meaning that Act as amended by Part III of the Act of 1932, and Part III of the Act of 1937, and the Act of 1941;

the expression “the Act of 1932” means the Army Pensions Act, 1932 (No. 24 of 1932), and, where the context so permits, shall be construed as meaning that Act as amended by Part IV of the Act of 1937, and the Act of 1941;

the expression “the Act of 1937” means the Army Pensions Act, 1937 (No. 15 of 1937), and, where the context so permits, shall be construed as meaning that Act, as amended by the Act of 1941;

the expression “the Act of 1941” means the Army Pensions Act, 1941 (No. 2 of 1941);

the expression “the Acts” means the Army Pensions Acts, 1923 to 1941.

(2) This Act shall be construed as one with the Acts and accordingly every word and expression used in this Act to which a particular meaning is given by the Acts for the purposes of the Acts has in this Act the meaning so given.

“The emergency period”.

2.—The expression “the emergency period” where it occurs in this Act or in any amendment of the Acts effected by this Act shall mean the period which commenced on the date of the passing of the Emergency Powers Act, 1939 (No. 28 of 1939), and ends on the expiration of the last-mentioned Act.

Amendment of sections 10 and 12 of, and Third Schedule to, the Act of 1927.

3.—(1) Section 10 of the Act of 1927 is hereby amended (with effect as on and from the 3rd day of September, 1939), as follows:—

(a) by the insertion, in sub-section (1), after the words and figures “the 30th day of September, 1924”, of the words “or during the emergency period”, and

(b) by the deletion, in sub-section (2), of the words and figures “married before the 1st day of October, 1924”, and the substitution therefor of the words “at the date of his discharge, in the case of an officer, either in occupation of married quarters or in receipt of lodging, fuel and light allowance as a married officer, or, in the case of a soldier, in receipt of marriage allowance as a married soldier”.

(2) Every pension granted, by virtue of the amendment effected by sub-section (1) of this section, under section 10 of the Act of 1927, shall commence from such date (not being earlier than the date of discharge from the forces or the date on which the disability is found by the Army Pensions Board to have reached the minimum degree of disablement, whichever is the later) as the Minister may determine.

(3) Every application for a pension under section 10 of the Act of 1927, as amended by sub-section (1) of this section, shall be made before the expiration of four years from the date of discharge or within twelve months from the date of the passing of this Act, whichever is the later.

(4) Sub-section (1) of section 10 of the Act of 1927 shall have effect as if section 7 of the Act of 1937 had not been enacted.

(5) Sections 10 and 12 of the Act of 1927 shall be construed (with effect as on and from the 3rd day of September, 1939) as if, in relation to a disablement caused by disease or due to a wound attributable to service in the forces during the emergency period, there were substituted for Part I of the Third Schedule to the Act of 1927, the following Part:—

PART I.

Officers.

Note: “Annual Pay” does not include allowances, or additional pay in respect of temporary, probationary or acting duty.

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 £30 per annum.

(6) Sections 10 and 12 of the Act of 1927 shall be construed (with effect as on and from the 3rd day of September, 1939) as if, in relation to a disablement caused by disease or due to a wound attributable to service in the forces during the emergency period, there were substituted for Part II of the Third Schedule to the Act of 1927, the following Part:—

PART II.

Soldiers.

Extension of sections 10 and 12 of the Act of 1927 to members of the Army Nursing Service.

4.—(1) Sub-section (1) of section 10 of the Act of 1927, as amended by this Act, shall apply and be deemed to have applied to a member of the Army Nursing Service whose service as such member is terminated (whether before or after the passing of this Act) and who at the date of such termination is suffering from a disablement caused by a disease attributable to service in the Army Nursing Service during the emergency period in like manner as if such member were an officer who is discharged from the forces and is at the date of his discharge suffering from a disablement caused by a disease attributable to service in the forces during the emergency period, subject to the following modifications:—

(a) the reference to four years after his discharge shall be construed as a reference to four years after the termination of her service as such member, and

(b) the reference to the Third Schedule to the Act of 1927 shall be construed as a reference to the Schedule to this section.

(2) Sub-sections (1) and (4) of section 12 of the Act of 1927 shall apply and be deemed to have applied to a member of the Army Nursing Service whose service as such member is terminated (whether before or after the passing of this Act) and who at the date of such termination is suffering from a disablement due to a wound attributable to her service in the Army Nursing Service during the emergency period in like manner as if such member were an officer who is discharged from the forces and is at the date of his discharge suffering from a disablement due to a wound attributable to his service in the forces and received on or after the 1st day of October, 1923, while he was a member of the forces, subject to the following modifications:—

(a) the reference, in the said sub-section (1), to the Third Schedule of the Act of 1927 shall be construed as a reference to the Schedule to this section;

(b) the reference, in paragraph (a) of the said sub-section (4), to service in the forces shall be construed as a reference to service in the Army Nursing Service.

(3) Every pension granted under section 10 or section 12 of the Act of 1927, as extended by this section, to a member of the Army Nursing Service shall commence on such date (not being earlier than the date of termination of her service as such member or the date on which the disability is found by the Army Pensions Board to have reached the minimum degree of disablement, whichever is the later) as the Minister may determine.

(4) Every application by a member of the Army Nursing Service for a pension under section 10 or a pension or gratuity under section 12 of the Act of 1927, as extended by this section, shall be made before the expiration of four years from the date of the termination of her service as such member.

SCHEDULE.

Scale of disability pensions and wound pensions for Members of the Army Nursing Service.

Amendment of sections 14 and 15 of, and the Seventh Schedule to, the Act of 1927.

5.—(1) Sub-section (2) of section 14 of the Act of 1927 is hereby amended as follows:—

(a) by the insertion in paragraph (ii) of the words “and other dependants” after the word “children” where the said word occurs;

(b) by the insertion in paragraph (a), after the words and figures “the 30th day of September, 1924,” of the words “or during the emergency period”;

(c) by the insertion in paragraph (b) of the words “or during the emergency period” after the words “the said period” where the latter words occur.

(2) The reference, in paragraph (d) of sub-section (2) of section 14 of the Act of 1927, to the Act of 1927 shall be construed as a reference to the Act of 1927, as amended by this Act.

(3) Section 15 of the Act of 1927 is hereby amended as follows:—

(a) by the insertion in sub-section (2), after the word “children” of the words “and other dependants”, and

(b) by the insertion in sub-section (3) of the words “or a dependant” after the word “child” where that word occurs secondly.

(4) The references, in paragraph (d) of sub-section (2) of section 15 of the Act of 1927, to the Act of 1927 shall be construed as including references to the Act of 1927, as amended by this Act.

(5) Sections 14 and 15 of the Act of 1927 shall be construed as if there were added to the Seventh Schedule to the Act of 1927 the following two new Parts:—

PART III

Officers.

1.—(a) mother,

(b) father over 60 years of age, or incapacitated by ill-health,

(c) permanently invalided brother, or permanently invalided unmarried sister,

(d) grandparents.

2.—An allowance shall be payable to one or more of the dependants mentioned of a deceased officer, who, in the opinion of the Minister, were wholly dependent on such officer.

3.—Where no allowance is payable under the terms of the immediately preceding paragraph, one allowance shall be payable to such one of the dependants mentioned of a deceased officer as the Minister may direct who was mainly dependent on such officer.

4.—Whenever any dependant was wholly or mainly dependent on more than one deceased person, such dependant shall not receive, in respect of such deceased persons, allowances exceeding in the whole the maximum allowance which could be granted to such dependant under this Schedule in respect of any one of such deceased persons. In this clause the expression “deceased person” includes a deceased officer as well as a deceased soldier.

5.—A dependant's allowance granted to any person under the terms of this Part of this Schedule shall be an annual sum of fifty-two pounds.

PART IV.

Soldiers.

1.—(a) mother,

(b) father over 60 years of age, or incapacitated by ill-health,

(c) permanently invalided brother, or permanently invalided unmarried sister,

(d) grandparents.

2.—An allowance shall be payable to one or more of the dependants mentioned of a deceased soldier, who, in the opinion of the Minister, were wholly dependent on such soldier.

3.—Where no allowance is payable under the terms of the immediately preceding paragraph, one allowance shall be payable to such one of the dependants mentioned of a deceased soldier as the Minister may direct who was mainly dependent on such soldier.

4.—Whenever any dependant was wholly or mainly dependent on more than one deceased person, such dependant shall not receive, in respect of such deceased persons, allowances exceeding in the whole the maximum allowance which could be granted to such dependant under this Schedule in respect of any one of such deceased persons. In this clause the expression ‘deceased person’ includes a deceased officer as well as a deceased soldier.

5.—A dependant's allowance granted to any person under the terms of this Part of this Schedule shall be an annual sum of twenty-six pounds.

(6) Every allowance granted, by virtue of the amendments effected by this section, under sub-section (2) of section 14 or sub-section (2) of section 15 of the Act of 1927, shall commence on such date (not being earlier than the date of the death of the person in respect of whom the allowance is payable) as the Minister may determine.

(7) Every application for an allowance under sub-section (2) of section 14 or sub-section (2) of section 15 of the Act of 1927, as amended by this section, shall be made—

(a) in case the person in respect of whom the allowance is claimed died before the date of the passing of this Act, within twelve months after the said date;

(b) in case such person died on or after the said date, within twelve months after the date of his death.

(8) No allowance shall be granted to the dependants, mentioned in Parts III and IV (which said Parts are inserted by this section) of the Seventh Schedule to the Act of 1927, of an officer or soldier unless the wound which occasioned the death of such officer or soldier was received during the emergency period.

(9) Sub-section (2) of section 25 of the Act of 1932 is hereby repealed.

Pensions in respect of disablements due to disease attributable to service during the emergency period where disability is less than 80 per cent. but not less than 50 per cent.

6.—(1) Where an application is duly made on or after the date of the passing of this Act by a person for a disability pension under section 10 of the Act of 1927, as amended by this Act, and such application is referred to the Army Pensions Board under the terms of section 7 of the Act of 1927, then if such person is at the date of his examination by the Army Pensions Board suffering from a disablement due to disease attributable to service in the forces during the emergency period, the following provisions shall have effect, that is to say:—

(a) if his degree of disablement is found on the date of such examination to be less than eighty per cent., and not less than fifty per cent., there may be granted to such person, if he applies to the Minister therefor, not later than twelve months after such examination, a final pension of fifteen shillings per week commencing from such date (not being earlier than the date of the passing of this Act) as the Minister may determine;

(b) if his degree of disablement is found on the date of such examination to be not less than eighty per cent., but is found on any periodical re-examination to be less than eighty per cent., but not less than fifty per cent., there may be granted to such person, if he applies to the Minister therefor, not later than twelve months after such re-examination, a final pension of one pound per week commencing on such date (not being earlier than the date of the cesser of his former disability pension) as the Minister may determine;

(c) where such person is granted a pension under this sub-section, no disability pension shall be granted or payable to him.

In this sub-section—

the expression “disability pension” means a pension under section 10 of the Act of 1927, as amended by this Act.

(2) Sections 9 to 14 of the Act of 1923 shall apply in respect of pensions granted under this section and to persons to whom such pensions are payable as if such pensions were the pensions mentioned in these sections respectively.

(3) In this section—

the expression “degree of disablement” has the same meaning as in the Act of 1927;

the expression “periodical re-examination” means a periodical re-examination under section 6 of the Act of 1923.

Special allowances to persons who served in Easter Week.

7.—(1) Subject to the provisions of this section, there may be granted 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.

(2) A special allowance granted to any qualified person shall be an annual sum of such amount as will, when added to the yearly means of that person, not equal or exceed the appropriate annual sum.

(3) A special allowance shall, subject to any directions of the Minister in special cases, be paid monthly in arrear and subject to such conditions as to identification or otherwise as the Minister may direct.

(4) Every special allowance shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine.

(5) Every application for a special allowance shall be in such form and contain such particulars as the Minister may require.

(6) No application for a special allowance which has been refused shall be renewed within a period of twelve months from the date of refusal.

(7) Section 40 of the Act of 1937 shall apply to a special allowance, subject to the following modifications, that is to say:—

(a) the references therein to a dependant's allowance shall be construed as a reference to a special allowance;

(b) the reference in sub-section (2) to fifteen shillings a week shall be construed as a reference to the appropriate annual sum.

(8) Sections 9 , 10 , 11 , 12 and 14 of the Act of 1923, and section 21 of the Act of 1927, shall apply in respect of a special allowance, persons who are or claim to be entitled to special allowances, persons to whom special allowances are granted and persons applying for special allowances as if special allowances were mentioned in those sections respectively.

(9) For the purposes of this section—

the expression “qualified person” means a person who was a member of an organisation to which Part II of the Act of 1932 applies and who was granted—

(a) 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 the week which commenced on the 23rd day of April, 1916, or service during that week and other service, or

(b) a wound or disability pension under the Acts in respect of a wound or injury received or a disability contracted during the said week;

the word “child” means a child under the age of eighteen years or, if over that age, incapable of self-support;

the expression “the appropriate annual sum” means—

(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 widow married after the 30th day of September, 1942, or a widower or widow with no children, £78;

(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, £97 10s. 0d.;

(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, £97 10s. 0d., and £10 8s. 0d. 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, £78, and £10 8s. 0d. in respect of each child;

references to the yearly means of a person shall be construed as references to the yearly means of that person as ascertained in accordance with the joint directions of the Minister and the Minister for Finance;

the expression “the statutory conditions” in relation to a person means the following conditions:—

(a) that the yearly means of such person do not equal or exceed the appropriate annual sum, and

(b) that such person is incapable of self-support by reason οf age or permanent infirmity of body or mind.

Recovery of certain gratuities.

8.—Any gratuity (whether paid extra-statutorily or otherwise) paid before the passing of this Act, by the Minister to the dependants (including the widow or a child) of a person, who died as a result of a wound or injury received, or of disease attributable to service, during the emergency period, may at the discretion of the Minister be recovered in such a manner as he thinks fit in whole or in part from any grant of any allowance payable in respect of such person under the Acts, or under the Acts as amended by this Act.

Reduction of widow's or child's allowance in certain cases.

9.—Where the widow or child of an officer is granted an allowance under section 14 or 15 of the Act of 1927, as amended by this Act, and is during any period in respect of which such pension is payable also in receipt of a pension under a scheme made under the Defence Forces (Pensions) Acts, 1932 and 1938, the amount of the allowance shall be reduced by an amount equal to the amount of the pension.

Reference of applications for allowance to the Army Pensions Board and report of Army Pensions Board on such applications.

10.—(1) The Minister, if he is of opinion that the investigation by the Army Pensions Board of any particular application for an allowance under the Acts is not required for the purpose of enabling him to decide whether or not a grant should be made, may, notwithstanding anything contained in the Acts, deal with the application without referring it to the said Board.

(2) Where an application for an allowance under the Acts is referred to the Army Pensions Board, the Minister, if he is of opinion that the investigation of any particular matter or matters arising on the application is not required for the purpose of enabling him to decide whether or not a grant should be made, may direct the said Board to confine their investigation and report to the other matters arising on the application and in that case the said Board shall, notwithstanding anything contained in the Acts, confine their investigation and report accordingly.

Short title and collective citation.

11.—(1) This Act may be cited as the Army Pensions Act, 1943.

(2) The Acts and this Act may be cited together as the Army Pensions Acts, 1923 to 1943.