Army Pensions Act , 1946

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, and the Act of 1943;

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, and the Act of 1943;

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 and the Act of 1943;

the expression “the Act of 1941” means the Army Pensions Act, 1941 (No. 2 of 1941), and, where the context so permits, shall be construed as meaning that Act as amended by the Act of 1943;

the expression “the Act of 1943” means the Army Pensions Act, 1943 (No. 14 of 1943);

the expression “the Acts” means the Army Pensions Acts, 1923 to 1943;

the expression “the appropriate existing (married pension) rate” means—

(a) in relation to a married pension payable to a person who was immediately before his discharge an officer, the rate of thirty pounds per annum,

(b) in relation to a married pension payable to a person who was immediately before his discharge a soldier, the rate, applicable to his degree of disablement, set out in the third column of the Part substituted, by subsection (6) of section 3 of the Act of 1943, for Part II of the Third Schedule to the Act of 1927;

the expression “the appropriate new (married pension) rate” means, in relation to a married pension payable to any person, the rate, applicable to his degree of disablement, set out in the First Schedule to this Act;

the expression “married pension” means a married pension under subsection (2) of section 10 of the Act of 1927 or under subsection (2) of section 12 of the Act of 1927;

the expression “the operative date” means the date of the passing of this Act

(2) References in this Act to the discharge of a person shall be construed as references to his discharge from the forces on or after the 3rd day of September, 1939.

(3) 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 Grant of allowances and gratuities to widow and children of deceased person entitled to wound pension and extra pension under the Act of 1923.

2.—(1) The allowances and gratuities specified in the Second and Third Schedule to the Act of 1923 may be granted to the widow and children of a deceased person who—

(a) was immediately before his death in receipt of a wound pension under the Act of 1923 and a further pension under section 2 of the Act of 1923, and

(b) died solely from the wound in respect of which the wound pension was granted.

(2) Every allowance granted under this section shall commence on the day next following the day on which the person, in respect of whom the allowance is granted, died.

3 Amendment of section 13 of the Act of 1923 and consequential amendments.

3.—(1) Subsection (2) of section 13 of the Act of 1923 is hereby amended by the addition at the end thereof of the following words:—

“and if such compensation is received after the award of any such pension or allowance the Minister may review the award and, having regard to the amount of such compensation, either terminate the pension or allowance or reduce the amount thereof.”

(2) References in any of the Acts to section 13 of the Act of 1923 shall be construed as references to the said section 13 as amended by subsection (1) of this section.

4 Married pensions of persons entitled to pensions under section 10 or section 12 of the Act of 1927 in respect of disablement caused by disease or due to a wound attributable to service during the emergency period.

4.—(1) Where—

(a) a person (being a person who was immediately before his discharge an officer and was commissioned before the operative date or being a person who was immediately before his discharge a soldier and was enlisted before the operative date) was, before the operative date, or is, on or after the operative date, granted an emergency-period pension, and

(b) such person is entitled to a married pension,

the following provisions shall have effect, that is to say:—

(i) the Minister shall, in case the emergency-period pension was granted before the operative date, as soon as may be after the operative date or, in case the emergency-period pension is granted on or after the operative date, as soon as may be after the grant of the emergency-period pension, cause to be served by post on such person a notice requiring him, within a specified time (not being earlier than twenty-eight days after the date on which the notice is posted), to send to the Minister a statement in writing setting out whether he elects to have the married pension paid at the appropriate existing (married pension) rate or at the appropriate new (married pension) rate,

(ii) if such person complies with the notice, the married pension shall be payable, in case the emergency-period pension was granted before the operative date, as on and from the operative date or, in case the emergency-period pension was granted on or after the operative date, as on and from the commencement of the emergency-period pension, at whichever of the said rates such person so elects to have it paid,

(iii) if such person does not comply with the notice, the married pension shall be payable, in case the emergency-period pension was granted before the operative date, as on and from the operative date or, in case the emergency-period pension was granted on or after the operative date, as on and from the commencement of the emergency-period pension, at whichever of the said rates the Minister directs.

(2) Where—

(a) a person (being a person who was immediately before his discharge an officer and was commissioned on or after the operative date or being a person who was immediately before his discharge a soldier and was enlisted on or after the operative date) is granted an emergency-period pension, and

(b) such person is entitled to a married pension,

such married pension shall be payable at the appropriate new (married pension) rate.

(3) In this section, the expression “emergency-period pension” means a pension being—

(a) a pension under section 10 of the Act of 1927 in respect of a disablement caused by disease attributable to service in the forces during the emergency period, or

(b) a pension under section 12 of the Act of 1927 in respect of a disablement due to a wound attributable to such service.

(4) Subsections (1) and (2) of this section shall not apply in respect of a person who is, by virtue of section 5 of this Act, granted a pension under section 12 of the Act of 1927.

5 Pension under section 12 of the Act of 1927 in respect of disablement caused by disease or due to a wound attributable to service during the emergency period where pensioner in receipt of a wound pension under the Acts.

5.—(1) Where—

(a) a person is discharged from the forces on or after the 3rd day of September, 1939 (whether before or after the passing of this Act), and

(b) such person is at the date of his discharge in receipt of a pension (in this section referred to as the existing pension) under the Acts in respect of a disablement (in this section referred to as the pre-emergency-period disablement) caused by a wound attributable to service rendered before the commencement of the emergency period, and

(c) such person is at the date of his discharge suffering from a disablement (in this section referred to as the emergency-period disablement) caused by disease or due to a wound attributable to service in the forces during the emergency period, and

(d) such person applies for a pension in respect of the emergency-period disablement, and

(e) such person is at the date of his examination by the Army Pensions Board suffering from the emergency-period disablement,

the following provisions shall have effect, that is to say:—

(i) notwithstanding section 20 of the Act of 1927, such person may be granted a pension (in this section referred to as an emergency-period pension) under section 12 of the Act of 1927 in respect of the emergency-period disablement, and for this purpose—

(I) the pre-emergency-period disablement shall be deemed to have been due to a wound attributable to service in the forces during the emergency period, and

(II) the emergency-period disablement, if caused by disease, shall be deemed to be due to a wound attributable to service in the forces during the emergency period,

(III) if the sum total of the pre-emergency-period disablement and the emergency-period disablement exceeds one hundred per cent., the said sum total shall be reckoned as one hundred per cent;

(ii) if such person is granted an emergency-period pension, the existing pension and the married pension (if any) payable to such person immediately before the commencement of the emergency-period pension shall cease on such commencement.

(2) if—

(a) an emergency-period pension is granted to any person, and

(b) such person was in receipt of a married pension immediately before the commencement of the emergency-period pension, the following provisions shall have effect—

(i) such person shall, for so long after such commencement as he continues to be a married man for the purposes of the Act of 1927, be entitled to be paid and receive a married pension,

(ii) for the purposes of determining the rate of such married pension—

(I) in case such person was an officer immediately before his discharge or was a soldier immediately before his discharge and was enlisted before the operative date—

(A) the Minister shall, as soon as may be after the grant of the emergency-period pension, cause to be served by post on such person a notice requiring him, within a specified time (not being earlier than twenty-eight days after the date on which the notice is posted), to send to the Minister a statement in writing setting out whether he elects to have the married pension paid in case he was an officer immediately before his discharge, at the appropriate existing (married pension) rate or at the appropriate new (married pension) rate, or in case he was a soldier immediately before his discharge and was enlisted before the operative date, at the rate of five shillings per week or at the appropriate existing (married pension) rate or at the appropriate new (married pension) rate,

(B) if such person complies with the notice, the married pension shall be payable to him at whichever of the said rates, specified in the notice, such person so elects to have it paid,

(C) if such person does not comply with the notice, the married pension shall be payable at whichever of the said rates, specified in the notice, the Minister directs;

(II) in case such person was a soldier immediately before his discharge and was enlisted on or after the operative date, the married pension shall be payable at the appropriate new (married pension) rate.

(3) If—

(a) an emergency-period pension is granted to any person, and

(b) such person was not in receipt of a married pension immediately before the commencement of the emergency-period pension, and

(c) either

the emergency-period disablement was caused by disease and such person was 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, or

the emergency-period disablement was due to a wound and such person was at the date on which he received the wound, in the case of an officer, a married man for the purposes of the Act of 1927, or, in the case of a soldier, in receipt of marriage allowance as a married soldier, and

(d) such person is at the commencement of the emergency-period pension a married man for the purposes of the Act of 1927,

the following provisions shall have effect—

(i) such person shall, for so long after such commencement as he continues to be a married man for the purposes of the Act of 1927, be entitled to be paid and receive a married pension,

(ii) for the purpose of determining the rate of such married pension—

(I) in case such person was an officer immediately before his discharge and was commissioned before the operative date or was a soldier immediately before his discharge and was enlisted before the operative date—

(A) the Minister shall, as soon as may be after the grant of the emergency-period pension, cause to be served by post on such person a notice requiring him, within a specified time (not being earlier than twenty-eight days after the date on which the notice is posted), to send to the Minister a statement in writing setting out whether he elects to have the married pension paid at the appropriate existing (married pension) rate or at the appropriate new (married pension) rate,

(B) if such person complies with the notice, the married pension shall be payable at whichever of the said rates such person so elects to have it paid,

(C) if such person does not comply with the notice, the married pension shall be payable at whichever of the said rates the Minister directs;

(II) in case such person was an officer immediately before his discharge and was commissioned on or after the operative' date or was a soldier immediately before his discharge and was enlisted on or after the operative date, the married pension shall be payable at the appropriate new (married pension) rate.

6 Construction of section 10 of the Act of 1927 and section 5 of this Act as regards occupation by officers of married quarters, etc.

6.—For the purposes of section 10 of the Act of 1927 and section 5 of this Act, an officer shall be deemed to have been in occupation of married quarters, or in receipt of lodging, fuel, and light allowance at the married rate, during any period when he was absent from duty while on duly authorised sick leave, or while undergoing treatment, as authorised by Defence Force Regulations, in a military or civil hospital, in a sanatorium, in quarters or otherwise, notwithstanding that such allowance was not issued to him, or that he was not in occupation of married quarters during such period, provided he was in receipt of such allowance or in occupation of married quarters prior to such period.

7 Pension under section 10 of the Act of 1927 in respect of disablement caused by disease attributable to service during the emergency period or pension or gratuity under section 12 of the Act of 1927 in respect of disablement due to a wound attributable to such service, where pensioner was granted a wound gratuity under the Acts.

7.—Where—

(a) a person is discharged from the forces on or after the 3rd day of September, 1939 (whether before or after the passing of this Act), and

(b) such person had been granted a gratuity under the Acts in respect of a disablement caused by a wound attributable to service rendered before the commencement of the emergency period, and

(c) such person is at the date of his discharge suffering from a disablement (in this subsection referred to as the emergency-period disablement) caused by disease or due to a wound attributable to service in the forces during the emergency period, and

(d) such person applies for a pension in respect of the emergency-period disablement, and

(e) such person is at the date of his examination by the Army Pensions Board suffering from the emergency-period disablement,

the following provisions shall, notwithstanding anything contained in section 20 of the Act of 1927, have effect, that is to say:—

(i) in case the emergency-period disablement was caused by disease, such person may, if the degree of the emergency-period disablement is not less than eighty per cent., be granted a pension under section 10 of the Act of 1927 in respect of the emergency-period disablement.

(ii) in case the emergency-period disablement was caused by a wound, such person may be granted a pension or gratuity (whichever is appropriate having regard to the degree of the emergency-period disablement) under section 12 of the Act of 1927 in respect of the emergency-period disablement.

8 Amendment of section 18 of the Act of 1927.

8.—Subsection (5) of section 18 of the Act of 1927 is hereby amended by the addition at the end thereof of the following words and figures:

“or before the 1st day of January, 1947, whichever is later”.

9 Amendment of section 21 of the Act of 1927, and consequential amendments.

9.—(1) Subsection (1) of section 21 of the Act of 1927 is hereby amended by the deletion of the words “in the city or county of Dublin” where they occur therein.

(2) References in the Acts to section 21 of the Act of 1927 shall be construed as references to the said section 21 as amended by subsection (1) of this section.

(3) Subsection (2) of section 20 of the Act of 1932 is hereby amended by the deletion of the words “in the city or county of Dublin” where they occur therein.

(4) Subsection (2) of section 33 of the Act of 1937 is hereby amended by the deletion of the words “in the city or county of Dublin” where they occur therein,

10 Amendment of section 5 of the Act of 1943.

10.—(1) The following subsection shall be substituted for subsection (5) (which amends sections 14 and 15 of the Act of 1927) of section 5 of the Act of 1943, that is to say:—

“(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.

(a) his mother,

(b) his father, if over sixty years of age or incapacitated by ill-health,

(c) his permanently invalided brother,

(d) his permanently invalided and, unmarried sister,

(e) his grandfather,

(f) his grandmother.

2.—(1) Where, in the opinion of the Minister, there is one dependant, and no more, who was wholly dependent on a deceased officer, an allowance shall be payable to that dependant.