Army Pensions Act , 1937

PART I. Preliminary and General.

1 Short title and citation.

1.—(1) This Act may be cited as the Army Pensions Act, 1937.

(2) The Army Pensions Acts, 1923 to 1932, and this Act may be cited together as the Army Pensions Acts, 1923 to 1937.

2 Definitions.

2.—(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 by Part III of the Act of 1932;

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;

the expression “the Acts of 1923 and 1927” means the Act of 1923 and the Act of 1927;

the expression “the Act of 1932” means the Army Pensions Act, 1932 (No. 24 of 1932);

the expression “the Acts” means the Army Pensions Acts, 1923 to 1932.

(2) Every word and expression used in this Act to which a particular meaning is given by the Acts for the purposes of the Acts has in this Act the meaning so given.

PART II. Allowances to relatives of Signatories to the Proclamation published on Easter Monday, 1916.

3 Allowances to relatives of signatories to the Proclamation published on Easter Monday, 1916.

3.—(1) There shall be paid out of moneys provided by the Oireachtas—

(a) to the widow (if any) of a Signatory, an annual allowance of five hundred pounds during her life, and

(b) to each son and daughter (if any) of a Signatory, an annual allowance of two hundred pounds payable until he or she shall either attain the age of twenty-five years or die under that age, and

(c) to each sister of a Signatory, an annual allowance of one hundred pounds during her life.

(2) Each allowance under this section shall commence on the date of the passing of this Act and shall be payable monthly in arrear during the period for which it is payable.

(3) Where a person entitled to an allowance under this section is immediately before the date of the passing of this Act in receipt of an allowance under the Acts, such last mentioned allowance shall cease to be payable as on and from the date of the passing of this Act.

(4) In this section the word “Signatory” means a person who signed the Proclamation published on Easter Monday, 1916.

PART III. Amendment of the Army Pensions Acts, 1923 and 1927, and Part III of the Army Pensions Act, 1932.

4 Amendment of section 8 of the Act of 1923.

4.—Where an allowance is payable under section 8 of the Act of 1923 to any of the dependants (being dependants mentioned in paragraph 5 of the Second Schedule to the Act of 1923) of any person who was executed in the Rising of 1916, the said paragraph shall, in relation to such dependant be construed and have effect, as on and from the date of the passing of this Act, as if there were substituted for the words and figures “£1 per week” the words and figures “£90 per annum.”

5 Amendment of sections 7 and 12 of the Act of 1927.

5.—(1) Section 7 of the Act of 1927 is hereby amended in the following respects and the Act of 1927, and the Act of 1927 as amended by this Part of this Act, shall be construed and have effect accordingly, that is to say:—

(a) by the deletion in sub-section (1) of the said section of the words “(save as is hereinafter otherwise provided)”, and

(b) by the deletion of sub-section (3) of the said section.

(2) Section 12 of the Act of 1927 is hereby amended in the following respects and the Act of 1927 shall be construed and have effect accordingly, that is to say:—

(a) by the deletion in sub-sections (1) and (4) of the said section of the words “or on behalf of the Minister (as the case may be)”, and

(b) by the deletion in sub-section (6) of all words after the word “shall” and the substitution for the words so deleted of the words “be the degree assessed in that behalf by the Army Pensions Board.”

6 Amendment of section 9 of the Act of 1927.

6.—(1) Sub-section (1) of section 9 of the Act of 1927 is hereby amended by the substitution of the words and figures “or becomes, by reason of matters definitely attributable to such service, after such date but before the 1st day of July, 1938” for the words “or becomes after such date but within four years after his discharge” now contained therein, and the Act of 1927 shall be construed and have effect accordingly.

(2) Where, by virtue of the amendment of sub-section (1) of section 9 of the Act of 1927 effected by this section, a disability pension is after the date of the passing of this Act granted under the said sub-section (1) to any person, such pension shall, notwithstanding anything contained in sub-section (3) of the said section 9, commence as on and from such date as the Minister may, having regard to all the circumstances of the case, determine, but such date shall not be earlier than the date of his examination by the Army Pensions Board at which his disablement was assessed at a degree not less than the minimum degree of disablement.

7 Amendment of section 10 of the Act of 1927.

7.—(1) Sub-section (1) of section 10 of the Act of 1927 is hereby amended by the substitution of the words and figures “or becomes, by reason of matters definitely attributable to such service, after such date but before the 1st day of July, 1938,” for the words “or becomes after such date but within four years after his discharge” now contained therein, and the Act of 1927 shall be construed and have effect accordingly.

(2) Where, by virtue of the amendment of sub-section (1) of section 10 of the Act of 1927 effected by this section, a disability pension is after the date of the passing of this Act granted under the said sub-section (1) to any person, such pension shall, notwithstanding anything contained in sub-section (3) of the said section 10, commence as on and from such date as the Minister may having regard to all the circumstances of the case determine, but such date shall not be earlier than the date of his examination by the Army Pensions Board at which his disablement was assessed at a degree not less than the minimum degree of disablement.

8 Amendment of section 13 of the Act of 1927.

8.—(1) Sub-section (1) of section 13 of the Act of 1927 is hereby amended by the insertion, before the words “not less than” now contained therein, of the words and figures “or becomes, by reason of matters definitely attributable to such military service or to such military service and such service in the forces, after such date but before the 1st day of July, 1938,” and the Act of 1927 shall be construed and have effect accordingly.

(2) Where, by virtue of the amendment of sub-section (1) of section 13 of the Act of 1927 effected by this section, a disability pension is granted under the said sub-section (1) to any person, such pension shall, notwithstanding anything contained in sub-section (3) of the said section 13, commence as on and from such date as the Minister may having regard to all the circumstances of the case determine, but such date shall not be earlier than the date of his examination by the Army Pensions Board at which his disablement was assessed at a degree not less than the minimum degree of disablement.

9 Amendment of section 14 of the Act of 1927.

9.—Notwithstanding anything contained in paragraph (i) of sub-section (1) of section 14 of the Act of 1927, the Minister shall not on or on account of the death of any person to whom, by virtue of paragraph (e) of the said sub-section, the said sub-section applies grant to the widow or any child of such person any gratuity unless his marriage to such widow took place before the 1st day of June, 1937.

10 Finality of awards in respect of wounds under the Acts of 1923 and 1927.

10.—(1) Where before the passing of this Act an award of a gratuity under the Acts of 1923 and 1927, in respect of a wound, was made or an award of a pension or gratuity under the said Acts, in respect of a wound, was refused, such award or the refusal of such award (as the case may be) shall, save as is otherwise provided by this section, be final and incapable of reconsideration or review.

(2) Any person to whom an award of a gratuity under the Acts of 1923 and 1927 in respect of a wound was made before the passing of this Act or any person to whom an award of a pension or gratuity under the said Acts in respect of a wound was refused before the passing of this Act solely on the ground that such person was not suffering from any disablement may apply within twelve months after the date of the passing of this Act to the Minister to have the amount of such award or the refusal of such award (as the case may be) reconsidered and thereupon the Minister, if he thinks proper so to do, may refer the matter to the Army Pensions Board for reconsideration and may, on the report of the Army Pensions Board, grant such pension or gratuity (if any) as could have been granted if such report had been made when the case was first investigated under the Acts of 1923 and 1927, subject to the limitation that any pension so granted shall commence on such date (not being earlier than the date of the passing of this Act or the date on which the disability is found by the Army Pensions Board to have reached twenty per cent. whichever is the later) as the Minister may determine.

(3) Section 23 of the Act of 1932 is hereby repealed.

11 Amendment of section 26 of the Act of 1932.

11.—(1) Paragraph (a) of section 26 (which amends section 18 of the Act of 1927) of the Act of 1932 is hereby repealed and in lieu thereof it is hereby enacted that every application by a person discharged from the forces (whether before or after the passing of this Act) for the grant of a wound pension or gratuity under the Acts of 1923 and 1927, on account of a wound attributable to service shall be made within twelve months after his discharge from the forces or twelve months after the date of the passing of this Act, whichever is the later.

(2) Where an application was made (whether before or after the passing of this Act) by any person for the grant of a pension or gratuity under the Acts of 1923 and 1927 on account of a wound received by him and attributable to service, and such application was (whether before or after the passing of this Act) refused, such person shall not be entitled, by virtue of sub-section (1) of this section, to make a further application for such pension or gratuity.

12 Commencement of certain pensions under the Acts of 1923 and 1927.

12.—(1) The following provision shall apply in respect of any pension granted, on or after the date of the passing of this Act, under the Acts of 1923 and 1927 to a person on account of a wound attributable to service in the forces, that is to say:—

(a) in case the application for such pension was made before the date of the passing of this Act and within the time appointed by paragraph (a) of section 26 of the Act of 1932, such pension shall, save as otherwise expressly provided by this Part of this Act, commence from such date (not being earlier than the 1st day of April, 1932, or the date on which the disability is found by the Army Pensions Board to have reached twenty per cent., whichever is the later) as the Minister may determine;

(b) in any other case, such pension shall commence from such date (not being earlier than the date of the passing of this Act, or the date of the discharge from the forces or the date on which the disability is found by the Army Pensions Board to have reached twenty per cent. whichever is the latest) as the Minister may determine.

(2) Every pension granted, on or after the date of the passing of this Act, under the Act of 1927 to a person on account of disease attributable to service in the forces shall, save as otherwise expressly provided by this Part of this Act, commence on such date (not being earlier than the 1st day of April, 1932, or the date on which the disability is found by the Army Pensions Board to have reached the minimum degree of disablement, whichever is the later) as the Minister may determine.

13 Revocation of final grants of pensions under the Acts of 1923 and 1927.

13.—Where a final grant of a pension to any person has been made under the Act of 1923, or the Act of 1927, or the Act of 1927 as amended by this Part of this Act, and the Minister, in exercise of the powers conferred on him by sub-section (1) of section 24 (including the said section as applied by the next following section of this Act) of the Act of 1932, increases, reduces or suspends such pension, the Minister may, on the recommendation of the Army Pensions Board, direct that such final grant be revoked, and in that case the following provisions shall have effect, that is to say:—

(a) such final grant shall be revoked;

(b) notwithstanding anything contained in the said sub-section (1), such person shall, in the event of a final grant of such pension being subsequently made, not be entitled to make any representation to the Minister under the said sub-section (1) after the expiration of ten years from the date on which the final grant so revoked was made.

14 Application of section 24 of the Act of 1932.

14.—The expression “the Acts of 1923 and 1927” wherever it occurs in section 24 of the Act of 1932 shall be construed as including the Act of 1927 as amended by this Part of this Act.

PART IV. Amendment of Part II of the Army Pensions Act, 1932.

15 Amendment of section 8 of the Act of 1932.

15.—(1) Sub-section (1) of section 8 of the Act of 1932 is hereby amended by the insertion therein of the following paragraph in lieu of paragraph (d) now contained therein, and the said sub-section shall be construed and have effect accordingly, that is to say:—

“(d) whether there is any evidence that such person contracted any disease during his military service, and, if so, the particulars of such evidence, and, if such person is dead, the date of his death, and”.

(2) Section 8 of the Act of 1932 is hereby amended by the insertion therein of the following two sub-sections in lieu of sub-section (2) now contained therein and the said section shall be construed and have effect and be deemed always to have had effect accordingly, that is to say:—

“(2) Every certificate (in this Act referred to as a service certificate) issued by the Registration Board to the Minister in pursuance of this section shall be in the prescribed form and shall, subject to any variation of such certificate made by the Registration Board under sub-section (3) of this section, be final and conclusive evidence of the matters of fact certified therein.

(3) The Minister may, on the ground that evidence not available prior to the issue of such certificate has since become available, at any time request the Registration Board to review any service certificate, and thereupon the Registration Board shall review such certificate and may, after such review, either, as they think proper, confirm or vary such certificate.”

16 Provisions consequential on variation of service certificates.

16.—(1) Where a service certificate, which was issued in respect of a person who made an application for a pension or a gratuity under Part II of the Act of 1932, is reviewed under sub-section (3) of section 8 of the Act of 1932, and varied on such review, the following provisions shall have effect, that is to say:—

(a) in case it appeared from such certificate, as originally issued, that such person was not a person (in this sub-section referred to as a qualified person) to whom a pension or gratuity could be granted under Part II of the Act of 1932, and it appears from such certificate, as so varied, that such person is a qualified person, then—

(i) the provisions of section 9 of the Act of 1932 shall apply in respect of such application in like manner as if it appeared from such certificate, before such variation, that such person was a qualified person,

(ii) in case such application was for the grant under Part II of the Act of 1932 of a pension or gratuity in respect of a wound, the refusal of such application shall, for the purposes of section 18 of the Act of 1932, be deemed not to be the refusal of an award,

(iii) any pension granted under Part II of the Act of 1932 to such person shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine;

(b) in case it appeared from such certificate, as originally issued, that such person was a qualified person and a pension was granted under Part II of the Act of 1932 to him accordingly, and it appears from such certificate, as so varied, that such person is not a qualified person, the Minister shall by order revoke such pension as from the date of such order;

(c) in case it appeared from such certificate, as originally issued, that such person was a qualified person and a pension was granted under Part II of the Act of 1932 to him accordingly, and it appears from such certificate as so varied, that such person is a qualified person, and the amount of such pension is greater or less than the amount to which, having regard to the terms of such certificate as so varied, he is entitled, the Minister shall by order decrease or increase such pension accordingly from the date of such order.

(2) Where a service certificate, which was issued in respect of a deceased person in respect of whom an application was made for an allowance or gratuity under Part II of the Act of 1932, is reviewed under sub-section (3) of section 8 of the Act of 1932, and varied on such review, the following provisions shall have effect, that is to say:—

(a) in case it appeared from such certificate, as originally issued, that such deceased person was not a person (in this sub-section referred to as a qualified person) in respect of whom an allowance or gratuity could be granted under Part II of the Act of 1932, and it appears from such certificate, as so varied, that such deceased person is a qualified person, then—

(i) the provisions of section 9 of the Act of 1932 shall apply in respect of such application in like manner as if it appeared from such service certificate, before such variation, that such deceased person was a qualified person,

(ii) any allowance granted under Part II of the Act of 1932 in respect of such deceased person shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine;

(b) in case it appeared from such certificate, as originally issued, that such deceased person was a qualified person and an allowance in respect of such deceased person was accordingly granted under Part II of the Act of 1932, and it appears from such certificate, as so varied, that such deceased person is not a qualified person, the Minister shall by order revoke such allowance as from the date of such order.