Army Pensions Act, 1962

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Number 22 of 1962.

ARMY PENSIONS ACT, 1962.

ARRANGEMENT OF SECTIONS

FIRST SCHEDULE.

SECOND SCHEDULE.

Number 22 of 1962.

ARMY PENSIONS ACT, 1962.

AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1961. [4th August, 1962.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Interpretation.

1.—(1) In this Act—

“the Act of 1927” means the Army Pensions Act, 1927 ;

“the Act of 1932” means the Army Pensions Act, 1932 ;

“the Act of 1937” means the Army Pensions Act, 1937 ;

“the Act of 1941” means the Army Pensions Act, 1941 ;

“the Act of 1943” means the Army Pensions Act, 1943 ;

“the Act of 1946” means the Army Pensions Act, 1946 ;

“the Act of 1953” means the Army Pensions Act, 1953 ;

“the Act of 1957” means the Army Pensions Act, 1957 ;

“the Act of 1959” means the Army Pensions Act, 1959 ;

“the Act of 1960” means the Army Pensions Act, 1960 ;

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

“the Acts” means the Army Pensions Acts, 1923 to 1961, but does not include this Act.

(2) This Act shall be construed as one with the Acts

(3) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.

Extension of certain time limits.

2.—(1) The references in subsection (3) of section 39 of the Act of 1953 and in section 10 of the Act of 1959 to the date of the passing of the Act of 1953 shall each be construed as a reference to the date of the passing of this Act.

(2) The reference in subsection (5) of section 29 of the Act of 1960 to the date of the passing of that Act shall be construed as a reference to the date of the passing of this Act.

Amendment of section 7 (1) of Act of 1941.

3.—(1) Subsection (1) of section 7 of the Act of 1941 shall apply to an application for a pension under section 29 of the Act of 1937, in a case in which the applicant was a person who, before the passing of the Act of 1937, had applied for and been refused a pension under section 10 of the Act of 1932 as if the reference to twelve months after the date of the passing of the Act of 1941 were a reference to thirty-six months after such passing.

(2) Accordingly, any such application which was made later than twelve months after the date of the passing of the Act of 1941 and not later than thirty-six months after such passing shall be reconsidered as soon as may be after the passing of this Act.

Amendment of section 41 (3) (b) of Act of 1953.

4.—Paragraph (b) of subsection (3) of section 41 of the Act of 1953 is hereby amended by the insertion of “or a gratuity” after “a service, wound or disability pension”.

Extension of Part II of Act of 1953.

5.—(1) Subsection (1) of section 4 of the Act of 1953, as amended by subsection (1) of section 8 of the Act of 1959, is hereby amended as follows:

(i) “any” shall be substituted for “such one” wherever the latter words occur,

(ii) “as the Minister may direct,” shall be deleted wherever those words occur.

(2) The references in subsection (1) of section 6 of the Act of 1953 to the date of the passing of that Act shall be construed as references to the date of the passing of this Act.

Amendment of section 12 of Act of 1941.

6.—Where—

(a) before the passing of this Act the Minister refused, under subsection (1) of section 12 of the Act of 1941, an application,

(b) within twelve months from such passing the applicant requests the Minister to declare that reconsideration of his application is justified, and

(c) after consideration of such request and the circumstances of the case, the Minister becomes satisfied that reconsideration of the application is justified and so informs the applicant,

paragraph (c) of the said subsection (1) shall not apply in relation to the applicant.

Grant of married pension in certain cases.

7.—(1) This section applies to:

(a) a pension under section 26 of the Act of 1937,

(b) a pension under section 28 of that Act,

(c) a pension under section 29 of that Act,

(d) a pension under section 6 of the Act of 1941,

(e) a pension under section 6 of the Act of 1943 payable to a person who, on the date of his discharge from the forces, was, in the case of an officer, a married man within the meaning of the Defence Force Regulations governing on that date the pay of officers and, in the case of a soldier, in receipt of marriage allowance as a married soldier,

(f) a pension under section 12 of the Act of 1946 so payable,

(g) a pension under section 5 of the No. 2 Act of 1960 so payable,

(h) a pension under section 7 of the No. 2 Act of 1960 so payable.

(2) If a person to whom a pension to which this section applies was married before the critical date as defined by the next subsection and is at the date of the passing of this Act a married man for the purposes of this section, he shall, for so long after such passing as he continues to be a married man for those purposes, be entitled to be paid and receive a married pension at the appropriate rate specified in the First Schedule to this Act.

(3) For the purposes of the foregoing subsection of this section the critical date shall be—

(a) in the case of a person in receipt of a pension under section 26 of the Act of 1937 or section 6 of the Act of 1941—

(i) if he had pre-truce military service, the 5th day of August, 1953,

(ii) if he did not have such service, the relevant date provided for in the Acts which would be applicable if a wound or disability pension were payable to him;

(b) in the case of a person in receipt of a pension under section 28 of the Act of 1937—

(i) if he had pre-truce military service, the 5th day of August, 1953,

(ii) if he did not have such service, the date of his discharge from the forces;

(c) in the case of a person in receipt of a pension under section 29 of the Act of 1937—

(i) if he had pre-truce military service, the 5th day of August, 1953,

(ii) if he did not have such service, the date mentioned in subsection (4) of section 10 of the Act of 1932 appropriate to him;

(d) in the case of a person in receipt of a pension under section 6 of the Act of 1943, section 12 of the Act of 1946 or section 5 or section 7 of the No. 2 Act of 1960, the date of his discharge from the forces.

(4) (a) A person shall be a married man for the purposes of this section from the date of his marriage until the happening of whichever of the following events first happens and (save as is hereinafter provided) no longer, that is to say, his own death, the death of his wife, the lawful annulment of the marriage, or the lawful dissolution of the marriage.

(b) A person who served in the forces shall be a married man for the purposes of this section for so long after the death of his wife or the lawful annulment or lawful dissolution of his marriage as he lives and has a child living who, in the case of a person who was an officer immediately before his discharge from the forces, is a son under the age of eighteen years or a daughter under the age of twenty-one years or, in the case of a person who was a soldier immediately before his discharge from the forces, is a son under the age of sixteen years or a daughter under the age of eighteen years.

(c) A person to whom a disability pension was granted under the Act of 1927 other than a person to whom the foregoing paragraph applies shall be a married man for the purposes of this section for so long after the death of his wife or the lawful annulment or lawful dissolution of his marriage as he lives and has children who, in the case of any such person whose said disability pension was payable at the rate appropriate to an officer, is a son under the age of eighteen years or a daughter under the age of twenty-one years, or, in the case of any such person whose said disability pension was payable at the rate appropriate to a soldier, is a son under the age of sixteen years or a daughter under the age of eighteen years.

(d) A person other than a person to whom paragraph (b) or paragraph (c) of this subsection applies shall be a married man for the purposes of this section for so long after the death of his wife or the lawful annulment or lawful dissolution of his marriage as he lives and has a child living who is, if a son, under the age of eighteen years, or, if a daughter, under the age of twenty-one years and unmarried.

(5) Where—

(a) a person to whom a pension to which this section applies is payable is granted a married pension under this section, and

(b) such person dies and his death is due to the disablement on account of which such pensions were granted,

the Minister may grant to the widow and children of such person the several allowances and gratuities specified in the Second Schedule to this Act.

(6) Where—

(a) a person died before the passing of this Act while in receipt of a pension to which this section applies,

(b) his death was due to the disablement on account of which that pension was payable, and

(c) if this Act had been passed before his death and he had not died, he would have been entitled to a married pension under this section,

the Minister may grant to the widow and children of such person the several allowances and gratuities specified in the Second Schedule to this Act.

(7) Every application for a pension under this section shall be in such form and contain such particulars as the Minister may require and shall be made—

(a) in the case of an application for a pension under subsection (2) or subsection (6) of this section, not later than twelve months after the passing of this Act, and

(b) in the case of an application under subsection (5) of this section, not later than twelve months after the death.

Amendment of Third Schedule to Act of 1957.

8.—The Third Schedule to the Act of 1957 is hereby amended as follows:

(a) in subparagraph (1) of paragraph (1) “subparagraph (1) of paragraph 1 of” shall be deleted and “the said Third Schedule” shall be substituted for “subparagraph (1) of the said paragraph 1”,

(b) in subparagraph (2) of paragraph 1 “subparagraph (2) of paragraph 1 of” shall be deleted and “the said Third Schedule” shall be substituted for “subparagraph (2) of the said paragraph 1”.

Commencement of pension or allowance.

9.—Any pension or allowance granted by virtue of this Act shall, notwithstanding anything contained in any other enactment, be payable as from such date as the Minister may determine not being earlier than the date of the passing of this Act.

Repeals.

10.—Subsection (2) of section 4 and section 5 of the Act of 1953 are hereby repealed.

Short title and collective citation.

11.—(1) This Act may be cited as the Army Pensions Act, 1962.

(2) The Acts and this Act may be cited together as the Army Pensions Acts, 1923 to 1962.

FIRST SCHEDULE.

Section 7 .

Part I.

Rates of married pensions to persons in receipt of pensions under sections 28 and 29 of the Act of 1937.

Part II.

Rates of married pensions to persons in receipt of pensions under section 12 of the Act of 1946 and section 7 of the No. 2 Act of 1960.

Part III.

Rates of married pensions to persons in receipt of 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.

SECOND SCHEDULE.

Section 7 .