Army Pensions Act, 1973
What is this act about?
This law amends and extends previous Army Pensions Acts, specifically focusing on the revision and review of pensions and gratuities awarded to former military personnel. It allows for re-evaluation of disablement degrees for those receiving army pensions.
Who it applies to: Persons who have received a final grant of pension under the Army Pensions Acts, 1923 to 1971; Persons who have received awards of gratuities under the Army Pensions Acts of 1923, 1927, and 1932.
At a glance
- Country
- Ireland
- Area of law
- Social security
- Articles
- 13
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Revision of final pensions granted under various Army Pensions Acts from 1923 to 1960.
- Review of awards of gratuities under the Army Pensions Acts of 1923, 1927, and 1932.
- Conditions for reviewing pensions when disability due to disease is less than fifty percent.
- Conditions for reviewing pensions when disability aggravated by service is less than the relevant minimum.
Who does this act apply to?
- Persons who have received a final grant of pension under the Army Pensions Acts, 1923 to 1971.
- Persons who have received awards of gratuities under the Army Pensions Acts of 1923, 1927, and 1932.
What are the key points?
- Pensioners may apply to have their pension reviewed, providing medical evidence showing their disablement degree has changed.
- For a review, the degree of disablement must be at least ten percent more than the previous degree, or not less than the "relevant minimum" if the pension was suspended.
- The "relevant minimum" is twenty percent for certain pensions (e.g., disablement due to a wound) and eighty percent in other cases.
- The Minister can permit applications for review before the usual two-year waiting period if special circumstances exist.
Social security
Legal text
Legal text
Army Pensions Act, 1973 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 1973 Army Pensions Act, 1973 Army Pensions Act, 1973 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 27 of 1973 ARMY PENSIONS ACT, 1973 ARRANGEMENT OF SECTIONS Section
Section 1
Interpretation.
Section 2
Revision of final pensions under the Act of 1923, the Act of 1927 and the Act of 1932.
Section 3
Revision of final pensions under the Act of 1937, the Act of 1941, the Act of 1943 and the No. 2 Act of 1960.
Section 4
Revision of final pensions under the Act of 1937, the Act of 1946 and the No. 2 Act of 1960.
Section 5
Review of awards of gratuities under the Act of 1923 and the Act of 1927.
Section 6
Review of awards of gratuities under the Act of 1932.
Section 7
Review of awards of gratuities under the Act of 1927.
Section 8
Right of review when disability due to disease is less than fifty per cent.
Section 9
Right of review when disability aggravated etc. by service is less than the relevant minimum.
Section 10
Amendment of sections 14 and 15 of the Act of 1927 and section 11 of the Act of 1968.
Section 11
Extension of Army Pensions Act, 1971.
Section 12
Repeal of section 7 (2) of Army Pensions Act, 1949, and section 10 of the Act of 1968.
Section 13
Short title and collective citation.
Acts Referred to Army Pensions Act, 1923 1923, No. 26 Army Pensions Act, 1927 1927, No. 12 Army Pensions Act, 1932 1932, No. 24 Army Pensions Act, 1937 1937, No. 15 Army Pensions Act, 1941 1941, No. 2 Army Pensions Act, 1943 1943, No. 14 Army Pensions Act, 1946 1946, No. 3 Army Pensions Act, 1953 1953, No. 23 Army Pensions (No. 2) Act, 1960 1960, No. 39 Army Pensions Act, 1968 1968, No. 12 Defence Act, 1954 1954, No. 18 Military Service Pensions Act, 1924 1924, No. 48 Army Pensions Act, 1971 1971, No. 26 Army Pensions Act, 1949 1949, No. 19 Number 27 of 1973 ARMY PENSIONS ACT, 1973 AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1971. [18th December, 1973] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Interpretation.
1.—(1) In this Act— “the Acts” means the Army Pensions Acts, 1923 to 1971; “the Act of 1923” means the Army Pensions Act, 1923 ; “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 No. 2 Act of 1960” means the Army Pensions (No. 2) Act, 1960 ; “the Act of 1968” means the Army Pensions Act, 1968 ; “relevant minimum” means— (i) in the case of a pension payable in respect of disablement due to a wound or payable under paragraphs (c) (i), (c) (ii) or (c) (iv) of section 28 (1), or paragraphs (d) (i), (d) (ii) or (d) (iv) of section 29 (1) of the Act of 1937, twenty per cent., or (ii) in any other case, eighty per cent.
Revision of final pensions under the Act of 1923, the Act of 1927 and the Act of 1932.
2.—(1) Where— (a) a person to whom a final grant of pension has been made under the Act of 1923, the Act of 1927 or the Act of 1932, and (b) in respect of whom the period of ten years prescribed in section 19 or 24 of the Act of 1932 has expired, such person may, notwithstanding anything contained in the Acts, at any time in the first instance, and not earlier than two years after his first or most recent application (as the case may be) in any other instance, apply to the Minister to have the amount of his pension reviewed, provided that such person furnishes to the Minister sufficient medical evidence to show that the degree of his disablement is— (i) in case the person is then in actual receipt of the pension, ten per cent. or more in excess of his previous degree of disablement, or (ii) in case the pension is then suspended under this section, not less than the relevant minimum.
Revision of final pensions under the Act of 1937, the Act of 1941, the Act of 1943 and the No. 2 Act of 1960.
3.—(1) Where a person to whom a final pension has been granted under— (a) section 26 of the Act of 1937, (b) section 6 of the Act of 1941, (c) section 6 of the Act of 1943, or (d) section 5 of the No. 2 Act of 1960, such person may, notwithstanding anything contained in the Acts, at any time in the first instance, and not earlier than two years after his first or most recent application (as the case may be) in any other instance, apply to the Minister to have the amount of his pension reviewed, provided that such person furnishes to the Minister sufficient medical evidence to show that the degree of his disablement is not less than eighty per cent.
Revision of final pensions under the Act of 1937, the Act of 1946 and the No. 2 Act of 1960.
4.—(1) Where a person to whom a final pension has been granted under— (a) section 28 or 29 of the Act of 1937, (b) section 12 of the Act of 1946, or (c) section 7 of the No. 2 Act of 1960, such person may, notwithstanding anything contained in the Acts, at any time in the first instance, and not earlier than two years after his first or most recent application (as the case may be) in any other instance, apply to the Minister to have the amount of his pension reviewed, provided that such person furnishes to the Minister sufficient medical evidence to show that the degree of his disablement is— (i) in case the person is then in actual receipt of the pension, ten per cent, or more in excess of his previous degree of disablement, or (ii) in case the pension is then suspended under this section, not less than the relevant minimum.
Review of awards of gratuities under the Act of 1923 and the Act of 1927.
5.—(1) Where— (a) a person was awarded, before the passing of the Act of 1937, a gratuity under the Act of 1923 or the Act of 1927 in respect of a disablement due to a wound, and (b) in respect of whom the period of twelve months prescribed in section 10 (2) of the Act of 1937 has expired, such person may, notwithstanding anything contained in the Acts, make one final application to the Minister to have the amount of such award reviewed.
Review of awards of gratuities under the Act of 1932.
6.—(1) Where— (a) a person to whom an award of gratuity in respect of disablement due to a wound was made under the Act of 1932, and (b) in respect of whom the period of five years prescribed in section 18 (2) of the Act of 1932 has expired, such person may, notwithstanding anything contained in the Acts, make one final application to the Minister to have the amount of such award reviewed.
Review of awards of gratuities under the Act of 1927.
7.—(1) Where— (a) before the passing of the Act of 1953, a person was awarded a gratuity under section 12 of the Act of 1927 in respect of disablement due to a wound received on or after the 3rd September, 1939 and the period of twelve months prescribed in section 49 (3) of the Act of 1953 has expired, or (b) on or after the passing of the Act of 1953, a person was or is awarded a gratuity under section 12 of the Act of 1927 in respect of disablement due to a wound and the period of five years prescribed in section 49 (2) of the Act of 1953 has expired, such person may, notwithstanding anything contained in the Acts, make one final application to the Minister to have the amount of such award reviewed.
Right of review when disability due to disease is less than fifty per cent.
8.—(1) Where a person to whom a grant of a pension under— (a) section 26 of the Act of 1937, (b) section 6 of the Act of 1941, (c) section 6 of the Act of 1943, or (d) section 5 of the No. 2 Act of 1960, was or is refused solely on the ground that his degree of disablement was less than fifty per cent. such person may, at any time in the first instance, and not earlier than two years after his first or most recent application (as the case may be) in any other instance, apply to the Minister to have his application for a pension reviewed provided that such person furnishes to the Minister sufficient medical evidence to show that the degree of his disablement is not less than fifty per cent.
Right of review when disability aggravated etc. by service is less than the relevant minimum.
9.—(1) Where a person to whom a grant of a pension under— (a) section 28 or 29 of the Act of 1937, (b) section 12 of the Act of 1946, or (c) section 7 of the No. 2 Act of 1960, was or is refused solely on the ground that his degree of disablement was or is less than the relevant minimum, such person may, at any time, in the first instance, and not earlier than two years after his first or most recent application (as the case may be) in any other instance, apply to the Minister to have his application for a pension reviewed, provided that such person furnishes to the Minister sufficient medical evidence to show that the degree of his disablement is not less than the relevant minimum.
Amendment of sections 14 and 15 of the Act of 1927 and section 11 of the Act of 1968.
10.—(1) Sections 14 (6) and 15 (4) of the Act of 1927 and section 11 (1) of the Act of 1968, are each hereby amended by the substitution for “marriage allowance as a married soldier” of “a married rate of pay in accordance with Defence Force Regulations”.
Extension of Army Pensions Act, 1971.
11.—(1) The widow of a person who— (a) had been granted a certificate of military service under the Military Service Pensions Act, 1924 , but was disqualified from being awarded a pension under that Act by reason of being a serving member of the forces, (b) died while serving in the forces, and (c) would have been eligible for the award of a pension under that Act, if he had not so died, but had been discharged from the forces, shall be deemed to be a widow to whom section 1
Repeal of section 7 (2) of Army Pensions Act, 1949, and section 10 of the Act of 1968.
12.—(1)
Section 7
Short title and collective citation.
13.—(1) This Act may be cited as the Army Pensions Act, 1973.
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