Connaught Rangers (Pensions) Act, 1936
What is this act about?
This law provides for the payment of pensions, allowances, and gratuities to certain former members of the 1st Battalion, the Connaught Rangers, who participated in the Mutiny of June and July 1920. It also covers other related matters concerning these payments.
Who it applies to: Former members of the 1st Battalion, the Connaught Rangers, who participated in the Mutiny and were sentenced by the General Court-martial to death, penal servitude, or imprisonment for at least twelve months; Dependants of these qualified persons (though specific details on dependants' allowances are not provided in the excerpt, the section heading indicates their inclusion).
At a glance
- Country
- Ireland
- Area of law
- Social security
- Articles
- 22
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Payment of service pensions based on length and type of army service.
- Payment of service gratuities for certain types of short service.
- Payment of wound pensions and gratuities for disablement caused by wounds attributable to the Mutiny.
- Rules for calculating and determining these pensions and gratuities, including definitions of "wound" and "disablement".
Who does this act apply to?
- Former members of the 1st Battalion, the Connaught Rangers, who participated in the Mutiny and were sentenced by the General Court-martial to death, penal servitude, or imprisonment for at least twelve months.
- Dependants of these qualified persons (though specific details on dependants' allowances are not provided in the excerpt, the section heading indicates their inclusion).
What are the key points?
- A "qualified person" is certified by the Minister for Defence as having been a member of the 1st Battalion, the Connaught Rangers, joined in the Mutiny, and was sentenced by the General Court-martial to death, penal servitude, or imprisonment for not less than twelve months.
- Long service pensions are paid during life, with rates varying based on rank at the time of the Mutiny (e.g., two shillings and sevenpence halfpenny per day for those not holding corporal rank or higher).
- Pre-1918 short service pensions are payable during life at a rate of ten shillings and sixpence per week.
- Post-1918 short service gratuities can be granted up to one hundred and fifty pounds.
- Wound pensions are granted if disablement is 20% or more, while wound gratuities (not exceeding thirty pounds) are for disablement less than 20%, both attributable to the Mutiny.
Social security
Legal text
Legal text
Connaught Rangers (Pensions) Act, 1936 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1936 Connaught Rangers (Pensions) Act, 1936 Connaught Rangers (Pensions) Act, 1936 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 37 of 1936.
CONNAUGHT RANGERS (PENSIONS) ACT, 1936.
ARRANGEMENT OF SECTIONS Section
Section 1
Definitions.
Section 2
“Qualified persons”.
Section 3
Service pensions.
Section 4
Service gratuities.
Section 5
Wound pensions and gratuities.
Section 6
Disability pensions.
Section 7
Double disablement.
Section 8
Dependants allowances.
Section 9
Applications for pension etc.
Section 10
Reference of applications for wound pensions, wound gratuities, disability pensions and dependants' allowances to the Army Pensions Board.
Section 11
Assessment of degree of disability.
Section 12
Grant and commencement of pensions, etc.
Section 13
Application of pensions, etc., in certain cases.
Section 14
Offences.
Section 15
Revocation of pensions and allowances.
Section 16
Forfeiture of pensions and dependants' allowances.
Section 17
Prohibition of assignment, etc., of pensions and gratuities and dependants' allowances.
Section 18
Suspension and prohibition of double pensions.
Section 19
Determination of certain matters.
Section 20
Travelling expenses and subsistence.
Section 21
Expenses.
Section 22
Short title.
FIRST SCHEDULE.
Scale of wound pensions for qualified persons SECOND SCHEDULE.
Scale of disability pensions for qualified persons THIRD SCHEDULE.
Rules for calculation of suspension of service pensions Number 37 of 1936.
CONNAUGHT RANGERS (PENSIONS) ACT, 1936.
AN ACT TO PROVIDE FOR THE PAYMENT OF PENSIONS, ALLOWANCES, AND GRATUITIES TO OR IN RESPECT OF CERTAIN FORMER MEMBERS OF THE 1ST BATTALION, THE CONNAUGHT RANGERS, AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [8th August, 1936.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— Definitions.
1.—In this Act— the expression “the Minister” means the Minister for Defence; the expression “the Mutiny” means the mutiny of certain members of the 1st Battalion, the Connaught Rangers, which took place in June and July, 1920, at Solon and Jullundur in India; the expression “the General Court-martial” means the British General Court-martial which assembled in August, 1920, at Dagshai in India for the purposes of trying certain members of the 1st Battalion, the Connaught Rangers, on charges arising out of the Mutiny; the expression “army service” means British army service preceding the Mutiny together with any period spent in prison or internment awaiting trial by the General Court-martial and any period spent in prison following on a sentence by the General Court-martial; the expression “long service” means army service amounting to more than twelve years; the expression “pre-1918 short service” means army service which does not exceed twelve years and which commenced before the 18th day of April, 1918; the expression “post-1918 short service” means army service which does not exceed twelve years and which commenced on or after the 18th day of April, 1918; the expression “period of notional service” means, in relation to any person whose army service is long service, the period which commenced at the expiration of his army service and ended at the expiration of a number of days equal to the number of days by which his army service fell short of twenty-one years; the word “wound” means an interruption of the normal continuity of body tissue caused by direct or indirect violence but does not include any injury due to the serious negligence or misconduct of the person suffering therefrom; the word “disablement” means an injury of a permanent nature resulting in impairment of function caused by wound or disease and not due to the serious negligence or misconduct of the person suffering therefrom; the expression “degree of disablement” when used in relation to a disablement means the degree of disablement assessed in respect of such disablement by the Army Pensions Board. “Qualified persons.”
2.—In this Act the expression “a qualified person” means a person in respect of whom the Minister certifies that— (a) he was a member of the 1st Battalion, the Connaught Rangers, and (b) he joined in the Mutiny, and (c) he was, in consequence of so joining, sentenced by the General Court-martial to death, penal servitude, or imprisonment for any term of not less than twelve months.
Service pensions.
3.—(1) There may, subject to the provisions of this Act, be granted to a qualified person whose army service is long service, a pension (in this Act referred to as a long service pension) payable during his life.
Service gratuities.
4.—There may, subject to the provisions of this Act, be granted to a qualified person whose army service is post-1918 short service a gratuity (in this Act referred to as a service gratuity) of such amount (not exceeding one hundred and fifty pounds) as the Minister shall, with the consent of the Minister for Finance, determine.
Wound pensions and gratuities.
5.—(1) Where a qualified person is suffering from a disablement caused by a wound certified by the Minister to be attributable to the Mutiny or to circumstances directly arising out of the Mutiny, the following provisions shall have effect, that is to say:— (a) if the degree of such disablement at the date of his examination by the Army Pensions Board is not less than twenty per cent. there may, in addition to a service pension or a service gratuity, be granted to such person a pension (in this Act referred to as a wound pension) payable during his life at, in case his army service is long service, the rate mentioned in the third column of the First Schedule to this Act opposite to the appropriate degree of disablement mentioned in the second column of that Schedule or, in case his army service is pre-1918 short service, the rate mentioned in the fourth column of that Schedule opposite to the appropriate degree of disablement mentioned in the said second column or, in case his army service is post-1918 short service, the rate mentioned in the fifth column of that Schedule, opposite to the appropriate degree of disablement mentioned in the said second column; (b) if the degree of such disablement at the date of his examination by the Army Pensions Board is less than twenty per cent. there may, in addition to a service pension or a service gratuity, be granted to such person a gratuity (in this Act referred to as a wound gratuity) of such amount (not exceeding thirty pounds) as the Minister, having regard to all the circumstances of the case, shall, with the consent of the Minister for Finance, determine.
Disability pensions.
6.—Where a qualified person is suffering from a disablement caused by disease certified by the Minister to be attributable to the Mutiny or to circumstances directly arising out of the Mutiny and the degree of such disablement is at the date of his examination by the Army Pensions Board not less than eighty per cent. there may, in addition to a service pension or a service gratuity, be granted to such person a pension (in this Act referred to as a disability pension) payable during his life at, in case his army service is long service, the rate mentioned in the second column of the Second Schedule to this Act opposite the appropriate degree of disablement mentioned in the first column of that Schedule or, in case his army service is pre-1918 short service, the rate mentioned in the third column of that Schedule opposite to the appropriate degree of disablement mentioned in the said first column or, in case his Army service is post-1918 short service, the rate mentioned in the fourth column of that Schedule, opposite to the appropriate degree of disablement mentioned in the said first column.
Double disablement.
7.—Where— (a) a person is suffering from a disablement (in this section referred to as the disease disablement) caused by a disease the degree of which is less than eighty per cent. and the circumstances are such that such person could be granted a disability pension in respect of the disease disablement if the degree of disablement had equalled or exceeded eighty per cent., and (b) such person is also suffering from a disablement (in this section referred to as the wound disablement) caused by a wound in respect of which he could be granted a wound pension, or could, if the degree of disablement had equalled or exceeded twenty per cent., be granted a wound pension, then, for the purposes of the two immediately preceding sections the following provisions shall have effect, that is to say:— (i) the degree of his disablement shall be the sum total of the degree of the disease disablement and the degree of the wound disablement, (ii) if the said sum total exceeds one hundred per cent., the degree of disablement shall be reckoned as one hundred per cent., (iii) the whole of his disablement shall be deemed to have been caused by the wound.
Dependants allowances.
8.—(1) Subject to the provisions of this section, there may, on account of the death of any person to whom this section applies, be granted the following allowances, that is to say:— (a) to the widow of such person, an allowance (in this Act referred to as a dependant's allowance) payable during widowhood at the rate of ten shillings per week; (b) if and so long as there are two or more children of such person under the age of sixteen years— (i) to the eldest or elder of such children, an allowance (in this Act also referred to as a dependant's allowance) at the rate of five shillings per week, (ii) in case there are three or more such children, to each of such children (other than the eldest) or, in case there are two such children only, to the younger of such children an allowance (in this Act also referred to as a dependant's allowance) at the rate of three shillings per week; (c) if and so long as there is one child only of such person under the age of sixteen years, to such child an allowance (in this Act also referred to as a dependant's allowance) at the rate of five shillings per week.
Applications for pension etc.
9.—(1) Every application for a pension, gratuity, or dependant's allowance under this Act shall be made not later than the 31st day of December, 1937.
Reference of applications for wound pensions, wound gratuities, disability pensions and dependants' allowances to the Army Pensions Board.
10.—(1) Every application for the grant of a wound pension, a wound gratuity, a disability pension, or a dependant's allowance shall be referred by the Minister to the Army Pensions Board.
Assessment of degree of disability.
11.—(1) Whenever the Army Pensions Board report that a person, who is an applicant for a disability pension, is suffering from a disablement caused by disease they shall assess and state in such report the degree of disablement from which such person is suffering.
Grant and commencement of pensions, etc.
12.—(1) Every award of a pension, gratuity, or dependant's allowance under this Act shall be made by the Minister with the consent of the Minister for Finance.
Application of pensions, etc., in certain cases.
13.—(1) Where the Minister is satisfied that any person, who is in receipt of a service pension, a wound pension, or a disability pension, is under a legal obligation to maintain his wife and children or any of them and is neglecting to fulfil such obligation, such pension may, if and whenever and for so long as the Minister so directs, in lieu of being paid to such person, be paid to his wife or applied, in such manner as the Minister thinks fit, for the benefit of his child or children.
Offences.
14.—(1) If any person, with a view to obtaining for himself or any other person a grant or payment of any pension, gratuity or dependant's allowance under this Act, makes, signs, or uses any declaration, application, or other written statement knowing the same to be false, such person shall be guilty of an offence under this Act, and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds, or, at the discretion of the Court, either to imprisonment for any term not exceeding six months or to both such fine and imprisonment.
Revocation of pensions and allowances.
15.—(1) Subject to the provisions of this section, the Executive Council may at any time by order revoke for reasons stated in such order any pension or dependant's allowance granted under this Act.
Forfeiture of pensions and dependants' allowances.
16.—If any person to whom a pension or dependant's allowance has been granted under this Act is, during the continuance of such pension or allowance, convicted of any crime or offence by a court of competent jurisdiction in Saorstát Eireann and sentenced by that court for that crime or offence to imprisonment, with or without hard labour, for any term exceeding three months or to penal servitude for any term, the following provisions shall have effect, that is to say:— (a) such pension or dependant's allowance shall be forfeited as on and from the date of such conviction; (b) if such conviction and sentence is quashed or annulled, the forfeiture consequent on such conviction and sentence shall be deemed to have been quashed or annulled also, and such pension or dependant's allowance shall be thereupon revived and payable together with all arrears thereof accruing since the date of such conviction.
Prohibition of assignment, etc., of pensions and gratuities and dependants' allowances.
17.—(1) Every assignment of and every charge on and every agreement to assign or charge any pension, gratuity, or dependant's allowance under this Act shall, except so far as the same is authorised by an Act for the time being in force, be null and void.
Suspension and prohibition of double pensions.
18.—(1) If any person to whom a service pension is payable under this Act shall at any time during the continuance of such pension be in receipt of any remuneration, pension (other than a wound pension or a disability pension payable under this Act) or allowance payable out of public moneys, whether provided by the Oireachtas or out of the Central Fund or by means of the poor rate or any other rate imposed by a local authority, the said service pension shall, while he is in receipt of such remuneration, pension or allowance, be suspended to an extent calculated according to the rules contained in the Third Schedule to this Act.
Determination of certain matters.
19.—Every question arising under this Act in relation to any of the following matters, that is to say:— (a) the period of army service of a qualified person and the date of commencement of such service, (b) the substantive non-commissioned rank (if any) held, at the date of the Mutiny, by a qualified person, (c) in the case of a qualified person who held a particular substantive non-commissioned rank at the date of the Mutiny, the period or periods during which he held such non-commissioned rank or any substantive lower or higher non-commissioned rank before the date of the Mutiny, (d) the period of notional service of a qualified person whose army service was long service, shall be determined by the Minister and the determination of the Minister shall be final and conclusive, and binding on all persons and tribunals whatsoever.
Travelling expenses and subsistence.
20.—(1) Payments for travelling expenses and for subsistence allowance may, in accordance with regulations made under sub-section (2) of this section, be made by the Minister, out of moneys provided by the Oireachtas, to applicants for wound pensions, wound gratuities and disability pensions when attending in the city or county of Dublin for medical examination by direction of the Army Pensions Board and to persons attending in the city or county of Dublin as witnesses before the Army Pensions Board pursuant to a summons by the Army Pensions Board.
Expenses.
21.—(1) All pensions, gratuities, and dependants' allowances payable under this Act shall be paid out of moneys provided by the Oireachtas.
Short title.
22.—This Act may be cited as the Connaught Rangers (Pensions) Act, 1936.
FIRST SCHEDULE.
SCALE OF WOUND PENSIONS FOR QUALIFIED PERSONS.
Scale of Pension Specific Injury Degree of disablement Persons whose Army service is long service Persons whose Army service is pre-1918 short service Persons whose Army service is post-1918 short service
(1)
(2)
(3)
(4)
15s.
20s.
Loss of both hands or of all fingers and thumbs ” ” ” ”
Total loss of sight ” ” ” ”
Wounds, injuries, or results of them, resulting in a disabled man being totally bedridden ” ” ” ”
Wounds of, or injuries to internal, thoracic or abdominal organs involving total permanent disablement ” ” ” ”
Total organic paralysis resulting from wounds or injuries to brain or spinal cord ” ” ” ”
Loss of an arm and one eye 90 9s.
13s. 6d.
18s.
Loss of a leg and one eye ” ” ” ”
Loss of a hand and a foot ” ” ” ”
Loss of one arm through shoulder ” ” ” ”
Loss of both feet 80 8s.
12s.
16s.
Amputation of leg at hip or below hip, with stump not exceeding five inches in length, measured from tip of great trochanter; of right arm below shoulder, with stump not exceeding six inches, measured from tip of acromion; or of left arm through shoulder ” ” ” ”
Amputation of leg below hip, with stump exceeding five inches in length, measured from tip of great trochanter, but not below middle thigh; of left arm below shoulder, with stump not exceeding six inches, measured from tip of acromion; or of right arm below shoulder, with stump, exceeding six inches, measured from tip of acromion, through elbow, or below elbow, with stump, not exceeding five inches, measured from tip of olecranon 70 7s.
10s. 6d.
14s.
Amputation of leg below middle thigh, through knee, or below knee, with stump not exceeding four inches; of left arm below shoulder, with stump exceeding six inches, measured from tip of acromion, through elbow, or below elbow, with stump not exceeding five inches, measured from tip of olecranon; or of right arm below elbow, with stump exceeding five inches, measured from tip of olecranon 60 6s.
9s.
12s.
Amputation of leg below knee, with stump exceeding four inches, or of left arm below elbow, with stump exceeding five inches, measured from tip of olecranon 50 5s.
7s. 6d.
10s.
Loss of one eye, the result of G.S.W. or injury 40 4s.
6s.
8s.
Loss of thumb or of four fingers of right hand ” ” ” ”
Loss of thumb or of four fingers of left hand, or three fingers of right hand 30 3s.
4s. 6d.
6s.
Lisfranc operation, one foot ” ” ” ”
Loss of all toes, both feet ” ” ” ”
Loss of two fingers, either hand 20 2s.
3s.
4s.
Loss of all toes of one foot 20 ” ” ”
Note.—In the case of left-handed men, certified to be such, the compensation in respect of the left arm, etc., will be same as for a right arm, hand, etc., and vice versa.
SECOND SCHEDULE.
SCALE OF DISABILITY PENSIONS FOR QUALIFIED PERSONS.
Scale of Pension Degree of Disablement Persons whose Army Service is Long Service Persons whose Army Service is pre-1918 Short Service Persons whose Army Service is post-1918 Short Service
(1)
(2)
(3)
Per week.
Per week.
Per week.
100 10s.
15s.
20s.
90 9s.
13s. 6d.
18s.
80 8s.
12s.
16s.
THIRD SCHEDULE.
RULES FOR CALCULATION OF SUSPENSION OF SERVICE PENSIONS.
Section 18
of this Act, where the person in receipt of such pension is in receipt of any remuneration, pension (other than a wound pension or disability pension) or allowance payable out of public moneys, shall be as follows:— Where the annual amount of the remuneration, pension or allowance out of public moneys— A.
Does not exceed £100 5% B. ” ” £150 but exceeds £100 10% C. ” ” £200 ” £150 20% D. ” ” £250 ” £200 30% E. ” ” £300 ” £250 40% F. ” ” £350 ” £300 50% G. ” ” £400 ” £350 60% H. ” ” £450 ” £400 70% I. ” ” £500 ” £450 80% J. ” ” £550 ” £500 90% K.
Exceeds £550 100% 2. Where the total of the amount payable to any person out of public moneys and the amount payable to such person in respect of a service pension within the limits specified at B. C, D, E, F, G, H, I, J, or K of Rule 1 of this Schedule would under the terms of the said Rule be less than the amount which such person would receive if the amount payable to him out of public moneys were at the maximum of the limit immediately preceding, then and in every such case the extent of the suspension of his service pension shall be reduced so that the total of the amount payable to him out of public moneys and of his service pension shall not be less than that which he would receive if the amount payable out of public moneys were at the maximum of the limit immediately preceding.
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