Army Pensions Act, 1943

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ARMY PENSIONS ACT, 1943.

ARRANGEMENT OF SECTIONS Section

Section 1

Interpretation.

Section 2

“The emergency period”.

Section 3

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

Section 4

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

Section 5

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

Section 6

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.

Section 7

Special allowances to persons who served in Easter Week.

Section 8

Recovery of certain gratuities.

Section 9

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

Section 10

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

Section 11

Short title and collective citation.

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 Emergency Powers Act, 1939 No. 28 of 1939 Military Service Pensions Act, 1924 No. 48 of 1924 Military Service Pensions Act, 1934 No. 43 of 1934 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.—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”.

PART I.

Officers.

Degree of disablement SCALE OF PENSION 100 per cent.

60 per cent, of annual pay at the date of discharge or the sum of £120 per annum whichever is the greater 90 ” ”

54 ” ” ” ” ” ” ” ” ” ” ” ” ” ” £108 ” ” ” ” ” ”

80 ” ”

48 ” ” ” ” ” ” ” ” ” ” ” ” ” ” £96 ” ” ” ” ” ”

70 ” ”

42 ” ” ” ” ” ” ” ” ” ” ” ” ” ” £84 ” ” ” ” ” ”

60 ” ”

36 ” ” ” ” ” ” ” ” ” ” ” ” ” ” £72 ” ” ” ” ” ”

50 ” ”

30 ” ” ” ” ” ” ” ” ” ” ” ” ” ” £60 ” ” ” ” ” ”

40 ” ”

24 ” ” ” ” ” ” ” ” ” ” ” ” ” ” £48 ” ” ” ” ” ”

30 ” ”

18 ” ” ” ” ” ” ” ” ” ” ” ” ” ” £36 ” ” ” ” ” ”

20 ” ”

12 ” ” ” ” ” ” ” ” ” ” ” ” ” ” £24 ” ” ” ” ” ”

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.

PART II.

Soldiers.

Degree of Disablement Disability Pension Married Pension per week per week £ s. d. £ s. d.

100 per cent.

2 2 0 0 10 0 90 ” ”

1 17 9 0 9 0 80 ” ”

1 13 7 0 8 0 70 ” ”

1 9 4 0 7 0 60 ” ”

1 5 2 0 6 0 50 ” ”

1 1 0 0 5 0 40 ” ”

0 16 9 0 4 0 30 ” ”

0 12 7 0 3 0 20 ” ”

0 8 4 0 2 0 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.

SCHEDULE.

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

Degree of Disablement Scale of Pension £ 100 per cent.

110 per annum 90 ” ”

99 ” ”

80 ” ”

88 ” ”

70 ” ”

77 ” ”

60 ” ”

66 ” ”

50 ” ”

55 ” ”

40 ” ”

44 ” ”

30 ” ”

33 ” ”

20 ” ”

22 ” ”

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.

(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.

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.

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.

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.

(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.

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.

Short title and collective citation.

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

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