Army Pensions Act, 1941

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ARMY PENSIONS ACT, 1941.

ARRANGEMENT OF SECTIONS Section

Section 1

Definitions.

Section 2

Time limit for making applications for disability pensions under the Act of 1927.

Section 3

Amendment of section 19 of the Act of 1937.

Section 4

Time limit for making applications for pensions, etc., under Part II. of Act of 1932.

Section 5

Time limit for making applications for allowances and gratuities under Part II of the Act of 1932 by widows, children and dependants of certain persons.

Section 6

Disability pensions in respect of disease attributable to service where disability is less than 80 per cent. and not less than 50 per cent.

Section 7

Time limit for making applications for pensions under Part VI of the Act of 1937.

Section 8

Commencement of pensions under Part VI of the Act of 1937.

Section 9

Commencement of dependants' allowances under Part VII of the Act of 1937.

Section 10

Time limit for making applications for dependants' allowances under Part VII of the Act of 1937.

Section 11

Time limit for making applications for special gratuities under Part VII of the Act of 1937.

Section 12

Refusal of applications for pensions, etc., in case of failure of applicants to attend before the Army Pensions Board.

Section 13

Reduction of dependants' allowances in certain cases.

Section 14

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 Number 2 of 1941.

ARMY PENSIONS ACT, 1941.

AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1937. [19th February, 1941.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Definitions.

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; 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; the expression “the Act of 1937” means the Army Pensions Act, 1937 (No. 15 of 1937); the expression “the Acts” means the Army Pensions Acts, 1923 to 1937.

Time limit for making applications for disability pensions under the Act of 1927.

2.—(1) Every application for the grant of a disability pension shall be made within twelve months after the date of the passing of this Act

Amendment of section 19 of the Act of 1937.

3.—Sub-section (3) of section 19 of the Act of 1937 is hereby amended by the substitution in paragraph (d) of the said sub-section of the words “was at the time of his death in receipt of” for the words “was granted”.

Time limit for making applications for pensions, etc., under Part II. of Act of 1932.

4.—(1) Every application by a person, who was a member of an organisation to which Part II of the Act of 1932 applies, for the grant of a pension or gratuity under the said Part II shall be made within twelve months after the date of the passing of this Act.

(6)

Section 22

of the Act of 1937 is hereby repealed.

Time limit for making applications for allowances and gratuities under Part II of the Act of 1932 by widows, children and dependants of certain persons.

5.—(1) Where— (a) a person dies more than twelve months after the passing of this Act, and (b) such person's death is due to a wound or disease, and (c) such person did not within twelve months after the date of the passing of this Act apply for a pension in respect of such wound or disease under Part II of the Act of 1932, no claim in respect of the death of such person for an allowance or gratuity under the said Part II by the widow or any child or dependant of such person shall be entertained.

(3)

Section 23

of the Act of 1937 is hereby repealed.

Disability pensions in respect of disease attributable to service where disability is less than 80 per cent. and not less than 50 per cent.

6.—(1) Where an application is made on or after the date of the passing of this Act by a person for a disability pension and such application is referred to the Army Pensions Board under section 9 of the Act of 1932, then, if such person is at the date of his examination by the Army Pensions Board suffering from a disease attributable to military service, within the meaning of Part II of the Act of 1932, 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. but not less than fifty per cent., there may be granted to such person 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.

Time limit for making applications for pensions under Part VI of the Act of 1937.

7.—(1) Every application for a pension under Part VI of the Act of 1937 shall be made to the Minister within twelve months after the date of the passing of this Act.

Commencement of pensions under Part VI of the Act of 1937.

8.—Where— (a) a pension under Part VI of the Act of 1937 is granted after the date of the passing of this Act, and (b) the application for such pension was not made before the 1st day of July, 1938, such pension shall, notwithstanding anything contained in section 32 of the Act of 1937, commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine.

Commencement of dependants' allowances under Part VII of the Act of 1937.

9.—Every dependant's allowance granted under Part VII of the Act of 1937 to a person who made application therefor on or after the date of the passing of this Act shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine.

Time limit for making applications for dependants' allowances under Part VII of the Act of 1937.

10.—(1) Paragraph (b) of sub-section (1) of section 38 of the Act of 1937 shall be construed and have effect as if, for the reference in sub-paragraph (i) of the said paragraph to two years after the passing of the Act of 1937, there were substituted a reference to twelve months after the date of the passing of this Act.

Time limit for making applications for special gratuities under Part VII of the Act of 1937.

11.—(1) Every application for a special gratuity under Part VII of the Act of 1937 shall be made within twelve months after the date of the passing of this Act.

Refusal of applications for pensions, etc., in case of failure of applicants to, attend before the Army Pensions Board.

12.—(1) Where an applicant for a pension allowance, or gratuity is summoned by the Board to attend for medical examination and fails or refuses to do so, the Board shall inform the Minister accordingly, and thereupon the following provisions shall have effect:— (a) the Minister may refuse such application; (b) where the Minister decides not to refuse the application, the following provisions shall have effect, that is to say:— (i) the Minister shall inform the Board of his decision (ii) the Board shall, not later than three months after being so informed, again summon the applicant to attend for medical examination, (iii) if the applicant fails or refuses to attend in pursuance of such summons, the Board shall inform the Minister accordingly and thereupon the Minister shall refuse the application; (c) where the Minister refuses the application, the applicant shall not be entitled to renew his application nor shall an award of any pension, allowance, or gratuity be made to the applicant.

Reduction of dependants' allowances in certain cases.

13.—(1) Where— (a) the widow of a person, who died on or after the date of the passing of this Act, is granted an allowance under the Acts, and (b) such widow is also entitled to a pension under the Widows' and Orphans' Pensions Acts, 1935 to 1937 the said allowance may, in respect of any period during which the said pension is payable, be reduced by such amount as the Minister, with the consent of the Minister for Finance, shall determine.

Short title and collective citation.

14.—(1) This Act may be cited as the Army Pensions Act, 1941.

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