Army Pensions Act, 1949

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ARMY PENSIONS ACT, 1949.

ARRANGEMENT OF SECTIONS Section

Section 1

Interpretation.

Section 2

Restoration of pensions and allowances forfeited or terminated under section 11 of the Act of 1923.

Section 3

Amendment of section 12 of the Act of 1923.

Section 4

Construction of subsection (2) of section 10 of the Act of 1927.

Section 5

Amendment of section 12 of the Act of 1927.

Section 6

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

Section 7

Provisions in relation to grants of allowances and gratuities under section 15 (2) of the Act of 1927 to dependants (other than widow or children) of deceased officers and soldiers.

Section 8

Amendment of section 4 of the Act of 1943.

Section 9

Amendment of section 7 of the Act of 1943.

Section 10

Application of the Acts to the Reserve.

Section 11

Compensation Scheme for members of Reserve—Second Line wounded, killed or dying of wounds.

Section 12

Gratuities to relatives of certain deceased persons.

Section 13

Deductions in respect of public claims from pensions, allowances, gratuities and compensation.

Section 14

Repayment of moneys paid under the Acts in consequence of false statements.

Section 15

Repeals.

Section 16

Short title and collective citation.

FIRST SCHEDULE SECOND SCHEDULE Acts Referred to Army Pensions Act, 1923 No. 26 of 1923 Army Pensions Act, 1927 No. 12 of 1927 Army Pensions Act, 1932 No. 24 of 1932 Army Pensions Act, 1937 No. 15 of 1937 Army Pensions Act, 1941 No. 2 of 1941 Army Pensions Act, 1943 No. 14 of 1943 Army Pensions Act, 1946 No. 3 of 1946 Defence Forces (Temporary Provisions) Act, 1923 No. 30 of 1923 Number 19 of 1949.

ARMY PENSIONS ACT, 1949.

AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1946. [30th July, 1949.] 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 and the Act of 1946; 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, and the Act of 1943 and the Act of 1946; 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, and the Act of 1943; 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 and the Act of 1943, and the Act of 1946; the expression “the Act of 1941” means the Army Pensions Act, 1941 (No. 2 of 1941), and, where the context so permits, shall be construed as meaning that Act as amended by the Act of 1943; the expression “the Act of 1943” means the Army Pensions Act, 1943 (No. 14 of 1943), and, where the context so permits, shall be construed as meaning that Act as amended by the Act of 1946; the expression “the Act of 1946” means the Army Pensions Act, 1946 (No. 3 of 1946); the expression “the Acts” means the Army Pensions Acts, 1923 to 1946; the expression “Defence Force regulations” means regulations made under the Defence Forces (Temporary Provisions) Acts, 1923 to 1949; the expression “the Reserve” means the reserve force established under Part III of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923), as amended by any subsequent enactment.

Restoration of pensions and allowances forfeited or terminated under section 11 of the Act of 1923.

2.—(1) Where any pension or allowance, (including a special allowance), under the Acts is forfeited or terminated (whether before or after the passing of this Act) under section 11 of the Act of 1923, the Minister may, subject to this section, by order, made with the consent of the Minister for Finance, restore such pension or allowance either in whole or in part.

Amendment of section 12 of the Act of 1923.

3.—(1) Section 12 of the Act of 1923 is hereby amended by the deletion of subsection (1) (inserted by First Schedule to the Act of 1927) and the substitution therefor of the following subsection— “(1) If, for the purpose of obtaining or continuing for himself or any other person a pension, allowance, (including a special allowance), or gratuity under this Act or for the purpose of obtaining or continuing for himself or any other person a pension, allowance, (including a special allowance), or gratuity under this Act at a higher rate than that appropriate to the case, any person makes any statement or representation (whether such statement or representation is written or oral) which is to his knowledge false or misleading in any material respect, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and imprisonment.”

Construction of subsection (2) of section 10 of the Act of 1927.

4.—(1) For the purposes of subsection (2) of section 10 of the Act of 1927, a soldier, to whom a pension is granted under subsecion (1) of the said section 10 and who was discharged from the forces on or after the 3rd day of September, 1939 (whether before or after the passing of this Act), shall be deemed to have been in receipt of marriage allowance as a married soldier at the date of his discharge— (a) if he was, while on indefinite leave, discharged from the forces and was, immediately before the date on which he proceeded on such indefinite leave, in receipt of marriage allowance as a married soldier, or (b) if, at the date of his discharge and notwithstanding that his wife was then dead, children's allowance was payable under Defence Force regulations in respect of any child of his.

Amendment of section 12 of the Act of 1927.

5.—(1) Section 12 of the Act of 1927 shall, in its application to a person who is discharged from the forces on or after the date of the passing of this Act, have effect as if, for the reference therein to the Third Schedule to the Act of 1927, there were substituted a reference to the First Schedule to this Act.

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

6.—(1) Where— (a) a soldier was, while on indefinite leave, discharged from the forces, and (b) such soldier was, immediately before the date on which he proceeded on such indefinite leave, in receipt of marriage allowance as a married soldier, and (c) such soldier died and was immediately before his death in receipt of a pension granted to him under section 10 of the Act of 1927, such soldier shall, for the purposes of paragraph (d) of subsection (2) of section 14 of the Act of 1927, be deemed to have been in receipt of a married pension under the Act of 1927 immediately before his death, and, for the purposes of subsection (6) of the said section 14, be deemed to have been in receipt of marriage allowance as a married soldier immediately before his discharge.

Provisions in relation to grants of allowances and gratuities under section 15 (2) of the Act of 1927 to dependants (other than widow or children) of deceased officers and soldiers.

7.—(1) No allowance or gratuity shall be granted under subsection (2) of section 15 of the Act of 1927 to the dependants (mentioned in Parts III and IV of the Seventh Schedule to the Act of 1927) of a deceased officer or soldier unless such officer or soldier was killed on or after the 3rd day of September, 1939, or the wound which occasioned the death of such officer or soldier was received on or after the 3rd day of September, 1939.

Amendment of section 4 of the Act of 1943.

8.—Subsection (2) of section 4 of the Act of 1943 is hereby amended, with effect as on and from the 27th day of April, 1943, by the substitution of the words and figures “and received on or after the 3rd day of September, 1939” for the words “during the emergency period.”

Amendment of section 7 of the Act of 1943.

9.—(1) Section 7 of the Act of 1943 is hereby amended by the insertion, in lieu of subsection (7) of the following subsection— “(7) (a) A special allowance shall be subject to periodic review (not more frequently than once a year) and if it appears, as the result of any such review, that the person to whom such allowance was granted has ceased, by reason of his yearly means, to be entitled to such allowance, or to such allowance at the rate then payable, the allowance shall (as the case may require) either be terminated, or reduced to the appropriate rate as from the date of review; (b) Where a person who is incapable of self-support by reason of permanent infirmity of body or mind is granted a special allowance the Minister in his discretion may at any time review such person's medical condition, and if, as the result of any such review, the Minister is satisfied that such person no longer fulfils the statutory condition relating to permanent infirmity the special allowance shall be terminated as from the date of review; (c) For the purposes of this subsection the date of review shall be taken to be the day after the day on which the current grant of special allowance ceases.”

Application of the Acts to the Reserve.

10.—(1) Save as provided by subsection (2) of this section, the expression “the forces” where it occurs in the Acts shall be construed as excluding the Reserve.

Compensation Scheme for members of Reserve—Second Line wounded, killed or dying of wounds.

11.—(1) The Minister may, with the consent of the Minister for Finance, make a scheme (in this section referred to as the compensation scheme) providing for the payment, out of moneys provided by the Oireachtas, to, or to the dependants of, members of the Reserve—Second Line, who, in the course of such duties as may be specified in the Scheme, are wounded, killed or die of wounds, of such compensation (in the form of periodical or lump sums) as may be specified in the Scheme.

Gratuities to relatives of certain deceased persons.

12.—(1) Where— (a) the Minister has informed the Minister for Finance that he proposes to grant a pension or allowance (including a special allowance) under the Acts to a person, and (b) such person dies before the Minister for Finance has consented to the proposed grant, the Minister may, with the consent of the Minister for Finance, pay, in respect of such person, a gratuity not exceeding the amount which would at such person's death have accrued due on foot of the proposed pension or allowance, if the Minister for Finance had consented to the grant thereof on the date on which the Minister informed him of the proposal to grant it.

Deductions in respect of public claims from pensions, allowances, gratuities and compensation.

13.—(1) There may be deducted from any pension, allowance, (including a special allowance), or gratuity payable under the Acts or any compensation payable under any scheme made under section 11 of this Act any moneys due or owing to a State authority by the person to whom such pension, allowance or gratuity or compensation is payable.

Repayment of moneys paid under the Acts in consequence of false statements.

14.—(1) Where— (a) any moneys have been paid under the Acts or a scheme made under section 11 of this Act, to a person (in this subsection referred to as the payee) who was not entitled thereto, and (b) such moneys were paid in consequence of a false statement made by the payee or any other person, the payee, or, if he is dead, his personal representative, shall be liable to repay to the Minister on demand such moneys.

Repeals.

15.—The enactments mentioned in column (2) of the Second Schedule to this Act are hereby repealed to the extent specified in column (3) of that Schedule and as on and from the respective dates specified in column (4) of that Schedule.

Short title and collective citation.

16.—(1) This Act may be cited as the Army Pensions Act, 1949.

FIRST SCHEDULE.

Scale of wound pensions and married pensions under section 12 of the act of 1927 for persons discharged from the Forces on or after the passing of this Act.

Section 5 (1)

.

PART I.

Wound Pensions—Officers.

Degree of disablement Scale of Pension

(1)

100 60 per cent. of annual pay at date of discharge or £120, whichever is the greater.

90 54 per cent. of annual pay at date of discharge or £108, whichever is the greater.

80 48 per cent. of annual pay at date of discharge or £96, whichever is the greater.

70 42 per cent. of annual pay at date of discharge or £84, whichever is the greater.

60 36 per cent. of annual pay at date of discharge or £72, whichever is the greater.

50 30 per cent. of annual pay at date of discharge or £60, whichever is the greater.

40 24 per cent. of annual pay at date of discharge or £48, whichever is the greater.

30 18 per cent. of annual pay at date of discharge or £36, whichever is the greater.

20 12 per cent. of annual pay at date of discharge or £24, whichever is the greater.

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 section 12 of the Act of 1927 who is entitled to a married pension shall be at the rate, applicable to his degree of disablement, set out in Part III of this Schedule.

PART II.

Wound Pensions—Soldiers.

Degree of disablement Rate of Pension per week

(1)

100 2 10 0 90 2 5 0 80 2 0 0 70 1 15 0 60 1 10 0 50 1 5 0 40 1 0 0 30 0 15 0 20 0 10 0 The married pension payable to a soldier in receipt of a pension under section 12 of the Act of 1927 who is entitled to a married pension shall be at the rate applicable to his degree of disablement, set out in Part III of this Schedule.

PART III.

Married Pensions—Officers and Soldiers.

Married Pension per week Degree of disablement In respect of wife In respect of each child of the pensioner born not later than nine months after the date of his discharge who, being a boy, is for the time being under the age of 18 years or being a girl is for the time being, in case the pensioner was an officer, under the age of 21 years and unmarried or, in case the pensioner was a soldier, under the age of 18 years and unmarried.

(1)

(2)

100 7 6 4 0 90 6 9 3 7 80 6 0 3 2 70 5 3 2 10 60 4 6 2 5 50 3 9 2 0 40 3 0 1 7 30 2 3 1 2 20 1 6 0 10 The sum specified in the second column of this Schedule shall cease to be payable if the pensioner's wife dies or the marriage is lawfully annulled or dissolved.

SECOND SCHEDULE.

Enactments Repealed.

Section 15

.

Number and Year Short Title Extent of Repeal Date of Repeal

(1)

(2)

(3)

Army Pensions Act, 1923 Subsection (3) of section 10 .

The date of the passing of this Act.

No. 24 of 1932.

Army Pensions Act, 1932

Section 21

The date of the passing of this Act.

No. 15 of 1937.

Army Pensions Act, 1937

Section 48

1st day of January, 1947.

No. 14 of 1943.

Army Pensions Act, 1943 Subsection (8) of section 5 .

27th day of April, 1943.

Section 9

The date of the passing of this Act.

No. 3 of 1946.

Army Pensions Act, 1946 Subsection (3) of section 10.

27th day of February, 1946.

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