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Increase of allowance in certain cases.
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79.—(1) Where a local authority or mental hospital board granted before the passing of this Act an allowance or a lump sum to or in respect of a person in relation to his having ceased after the 1st day of July, 1940, to hold any office or employment in their service, they may, within twelve months after the passing of this Act, grant one increase (and no more) of the rate of the allowance or the amount of the lump sum, and such increase shall be an increase to such extent as may be sanctioned by the relevant Minister and, in the case of an increase of an allowance, shall have effect as from the date when the office or employment ceased to be held or the 1st day of November, 1946, whichever is the later.
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(2) Where any such allowance as is referred to in section 46 of the Act of 1925 was in course of payment on the 1st day of November, 1946, the allowance shall be adjusted, with effect as from that day, in the following manner:—
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(a) such part (if any) of the allowance as was computed by reference to the emergency bonus under the Emergency Powers (No. 312) Order, 1944 (S.R. & O., No. 36 of 1944), shall cease to be payable;
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(b) the increase or addition added to the allowance under subsection (2) of section 46 of the Act of 1925 shall be adjusted as if it were calculated by reference to a cost-of-living index figure of 270 and shall thereupon cease to be variable.
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(3) Where a local authority or mental hospital board grant under this or any other Act an allowance or lump sum to or in respect of a person in relation to his having ceased to hold before the 1st day of April, 1950, any office or employment in their service, they may, in the case of an allowance, grant it at a rate greater, to such extent as may be sanctioned by the relevant Minister, than the rate that would be appropriate therefor apart from this subsection and, in the case of a lump sum, grant it as of an amount greater, to such extent as may be sanctioned by the relevant Minister, than the amount that would be appropriate therefor apart from this subsection.
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(4) Where a person is aggrieved by a refusal or failure during the period of twelve months after the passing of this Act to grant an increase under subsection (1) of this section, such person may, in the case of a refusal, not later than six months after the refusal, or, in the case of a failure, not later than six months after the expiration of the said period of twelve months, appeal to the relevant Minister against the refusal or failure.
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(5) Where a person is aggrieved by an increase granted under subsection (1) of this section, he may, not later than six months after the grant of the increase, appeal against it to the relevant Minister.
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(6) On an appeal under this section, the relevant Minister may by order either refuse the appeal or make such provisions as should in his opinion have been made by the local authority or mental hospital board concerned, and any provision so made by the relevant Minister shall have effect as if made by that authority or board.
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(7) The decision of the relevant Minister on an appeal under this section shall be final.
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(8) In this section—
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the expression “the relevant Minister” means—
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(a) in relation to a local authority other than a mental hospital authority, the Minister, and
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(b) in relation to a mental hospital authority, the Minister for Health.
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