Army Pensions Act , 1943

1 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) This Act shall be construed as one with the Acts and accordingly 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.

2 “The emergency period”.

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.

3 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”.

(2) Every pension granted, by virtue of the amendment effected by sub-section (1) of this section, under section 10 of the Act of 1927, shall commence from such date (not being earlier than the date of discharge from the forces 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.

(3) Every application for a pension under section 10 of the Act of 1927, as amended by sub-section (1) of this section, shall be made before the expiration of four years from the date of discharge or within twelve months from the date of the passing of this Act, whichever is the later.

(4) Sub-section (1) of section 10 of the Act of 1927 shall have effect as if section 7 of the Act of 1937 had not been enacted.

(5) Sections 10 and 12 of the Act of 1927 shall be construed (with effect as on and from the 3rd day of September, 1939) as if, in relation to a disablement caused by disease or due to a wound attributable to service in the forces during the emergency period, there were substituted for Part I of the Third Schedule to the Act of 1927, the following Part:—

PART I.

Degree of disablement			SCALE OF PENSION
100percent.			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.

(6) Sections 10 and 12 of the Act of 1927 shall be construed (with effect as on and from the 3rd day of September, 1939) as if, in relation to a disablement caused by disease or due to a wound attributable to service in the forces during the emergency period, there were substituted for Part II of the Third Schedule to the Act of 1927, the following Part:—

PART II.

Degree of Disablement			Disability Pension			Married Pension
			per week			per week
			£	s.	d.	£	s.	d.
100percent.			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

4 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.

(2) Sub-sections (1) and (4) of section 12 of the Act of 1927 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 due to a wound attributable to her 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 due to a wound attributable to his service in the forces and received on or after the 1st day of October, 1923, while he was a member of the forces, subject to the following modifications:—

(a) the reference, in the said sub-section (1), to the Third Schedule of the Act of 1927 shall be construed as a reference to the Schedule to this section;

(b) the reference, in paragraph (a) of the said sub-section (4), to service in the forces shall be construed as a reference to service in the Army Nursing Service.

(3) Every pension granted under section 10 or section 12 of the Act of 1927, as extended by this section, to a member of the Army Nursing Service shall commence on such date (not being earlier than the date of termination of her service as such member 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.

(4) Every application by a member of the Army Nursing Service for a pension under section 10 or a pension or gratuity under section 12 of the Act of 1927, as extended by this section, shall be made before the expiration of four years from the date of the termination of her service as such member.

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	”	”

5 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.

(2) The reference, in paragraph (d) of sub-section (2) of section 14 of the Act of 1927, to the Act of 1927 shall be construed as a reference to the Act of 1927, as amended by this Act.

(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.

(4) The references, in paragraph (d) of sub-section (2) of section 15 of the Act of 1927, to the Act of 1927 shall be construed as including references to the Act of 1927, as amended by this Act.

(5) Sections 14 and 15 of the Act of 1927 shall be construed as if there were added to the Seventh Schedule to the Act of 1927 the following two new Parts:—

PART III

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.

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.

(6) Every allowance granted, by virtue of the amendments effected by this section, under sub-section (2) of section 14 or sub-section (2) of section 15 of the Act of 1927, shall commence on such date (not being earlier than the date of the death of the person in respect of whom the allowance is payable) as the Minister may determine.

(7) Every application for an allowance under sub-section (2) of section 14 or sub-section (2) of section 15 of the Act of 1927, as amended by this section, shall be made—

(a) in case the person in respect of whom the allowance is claimed died before the date of the passing of this Act, within twelve months after the said date;

(b) in case such person died on or after the said date, within twelve months after the date of his death.

(8) No allowance shall be granted to the dependants, mentioned in Parts III and IV (which said Parts are inserted by this section) of the Seventh Schedule to the Act of 1927, of an officer or soldier unless the wound which occasioned the death of such officer or soldier was received during the emergency period.

(9) Sub-section (2) of section 25 of the Act of 1932 is hereby repealed.

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.

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;