ARMY PENSIONS ACT, 1949

AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1946. [30th July, 1949.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

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 and the Act of 1946;

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 and the Act of 1946;

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, and the Act of 1946;

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), and, where the context so permits, shall be construed as meaning that Act as amended by the Act of 1946;

the expression “the Act of 1946” means the Army Pensions Act, 1946 (No. 3 of 1946);

the expression “the Acts” means the Army Pensions Acts, 1923 to 1946;

the expression “Defence Force regulations” means regulations made under the Defence Forces (Temporary Provisions) Acts, 1923 to 1949;

the expression “the Reserve” means the reserve force established under Part III of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923), as amended by any subsequent enactment.

• (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 Restoration of pensions and allowances forfeited or terminated under section 11 of the Act of 1923.

2.—(1) Where any pension or allowance, (including a special allowance), under the Acts is forfeited or terminated (whether before or after the passing of this Act) under section 11 of the Act of 1923, the Minister may, subject to this section, by order, made with the consent of the Minister for Finance, restore such pension or allowance either in whole or in part.

• (2) Where a pension or allowance, (including a special allowance), is restored in part under subsection (1) of this section, the Minister may by order, made with the consent of the Minister for Finance, restore the balance of such pension or allowance.

• (3) The power conferred by this section to restore a pension shall, if the pension is a temporary pension, be exercisable only where the Army Pensions Board, on examination of the pensioner, report that the appropriate minimum degree of disablement exists in respect of the disability for which the pension was payable when it was forfeited or terminated.

• (4) Where a pension which was the subject of a final grant before forfeiture or termination is restored under this section such pension shall to the extent to which it is restored be likewise final.

• (5) Payment of any pension or allowance, (including a special allowance), or part of any pension or allowance, (including a special allowance), which has been restored under this section shall be made from such date (not being earlier than the date of the order restoring it) as the Minister may determine.

3 Amendment of section 12 of the Act of 1923.

3.—(1) Section 12 of the Act of 1923 is hereby amended by the deletion of subsection (1) (inserted by First Schedule to the Act of 1927) and the substitution therefor of the following subsection—

• “(1) If, for the purpose of obtaining or continuing for himself or any other person a pension, allowance, (including a special allowance), or gratuity under this Act or for the purpose of obtaining or continuing for himself or any other person a pension, allowance, (including a special allowance), or gratuity under this Act at a higher rate than that appropriate to the case, any person makes any statement or representation (whether such statement or representation is written or oral) which is to his knowledge false or misleading in any material respect, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and imprisonment.”

• (2) References in the Acts to section 12 of the Act of 1923 shall be construed as references to the said section as amended by subsection (1) of this section.

4 Construction of subsection (2) of section 10 of the Act of 1927.

4.—(1) For the purposes of subsection (2) of section 10 of the Act of 1927, a soldier, to whom a pension is granted under subsecion (1) of the said section 10 and who was discharged from the forces on or after the 3rd day of September, 1939 (whether before or after the passing of this Act), shall be deemed to have been in receipt of marriage allowance as a married soldier at the date of his discharge—

• (a) if he was, while on indefinite leave, discharged from the forces and was, immediately before the date on which he proceeded on such indefinite leave, in receipt of marriage allowance as a married soldier, or

• (b) if, at the date of his discharge and notwithstanding that his wife was then dead, children's allowance was payable under Defence Force regulations in respect of any child of his.

• (2) Subsection (1) of this section shall be deemed to have come into operation on, and shall have effect as on and from, the 3rd day of September, 1939.

5 Amendment of section 12 of the Act of 1927.

5.—(1) Section 12 of the Act of 1927 shall, in its application to a person who is discharged from the forces on or after the date of the passing of this Act, have effect as if, for the reference therein to the Third Schedule to the Act of 1927, there were substituted a reference to the First Schedule to this Act.

• (2)
• (a) For the purposes of subsection (2) of section 12 of the Act of 1927 a soldier, to whom a pension is granted under subsection (1) of the said section and who was discharged from the forces on or after the 3rd day of September, 1939, shall be deemed to have been in receipt of marriage allowance as a married soldier at the date on which he received the wound in respect of which the pension was granted, if, at that date and notwithstanding that his wife was then dead, children's allowance was payable under Defence Force regulations in respect of any child of his.

• (b) Paragraph (a) of this subsection shall be deemed to have come into operation on, and shall have effect as on and from, the 3rd day of September, 1939.

6 Amendment of sections 14 and 15 of, and the Seventh Schedule to, the Act of 1927.

6.—(1) Where—

• (a) a soldier was, while on indefinite leave, discharged from the forces, and

• (b) such soldier was, immediately before the date on which he proceeded on such indefinite leave, in receipt of marriage allowance as a married soldier, and

• (c) such soldier died and was immediately before his death in receipt of a pension granted to him under section 10 of the Act of 1927,

such soldier shall, for the purposes of paragraph (d) of subsection (2) of section 14 of the Act of 1927, be deemed to have been in receipt of a married pension under the Act of 1927 immediately before his death, and, for the purposes of subsection (6) of the said section 14, be deemed to have been in receipt of marriage allowance as a married soldier immediately before his discharge.

• (2) For the purposes of subsection (6) of section 14 of the Act of 1927—

• (a) a person, to whom, by virtue of paragraph (a) of subsection (2) of the said section 14, the said subsection (2) applies and who died on or after the 3rd day of September, 1939 (whether before or after the passing of this Act), shall be deemed to have been in receipt of marriage allowance as a married soldier at the time of his death if, at that time and notwithstanding that his wife predeceased him, children's allowance was payable under Defence Force regulations in respect of any child of his;

• (b) a person, to whom, by virtue of paragraph (b) of subsection (2) of section 14 of the Act of 1927, the said subsection (2) applies and who was discharged from the forces on or after the 3rd day of September, 1939, (whether before or after the passing of this Act), shall be deemed to have been in receipt of marriage allowance as a married soldier immediately before his discharge if, immediately before his discharge if, immediately before his discharge and notwithstanding that his wife was then dead, children's allowance was payable under Defence Force regulations in respect of any child of his.

• (3) For the purposes of subsection (4) of section 15 of the Act of 1927—

• (a) a person to whom, by virtue of paragraph (a) of subsection (2) of the said section 15, the said subsection (2) applies and who was killed on or after the 3rd day of September, 1939, (whether before or after the passing of this Act), shall be deemed to have been in receipt of marriage allowance as a married soldier at the time of his death if, at that time and notwithstanding that his wife had predeceased him, children's allowance was payable under Defence Force regulations in respect of any child of his;

• (b) a person to whom, by virtue of paragraph (b) or (c) of subsection (2) of the said section 15, the said subsection (2) applies and who received a wound attributable to his service in the forces on or after the 3rd day of September, 1939, (whether before or after the passing of this Act), shall be deemed to have been in receipt of marriage allowance as a married soldier at the time he received such wound if, at that time and notwithstanding that his wife was then dead, children's allowance was payable under Defence Force regulations in respect of any child of his.

• (4) Sections 14 and 15 of the Act of 1927 shall, in their application in respect of a deceased officer or soldier, have effect as if—

• (a) in Part I of the Seventh Schedule to the Act of 1927, the following paragraph were substituted for paragraph 3—

• (b) in Part II of the said Seventh Schedule, the following paragraph were substituted for paragraph 2—

• (5) Subsections (1), (2), and (3) of this section shall be deemed to have come into operation on, and shall have effect as on and from, the 3rd day of September, 1939.

7 Provisions in relation to grants of allowances and gratuities under section 15 (2) of the Act of 1927 to dependants (other than widow or children) of deceased officers and soldiers.

7.—(1) No allowance or gratuity shall be granted under subsection (2) of section 15 of the Act of 1927 to the dependants (mentioned in Parts III and IV of the Seventh Schedule to the Act of 1927) of a deceased officer or soldier unless such officer or soldier was killed on or after the 3rd day of September, 1939, or the wound which occasioned the death of such officer or soldier was received on or after the 3rd day of September, 1939.

• (2) For the purposes of paragraphs 2 to 6 of Part IV of the Seventh Schedule to the Act of 1927, a relative (mentioned in paragraph 1 of the said Part IV) of a deceased soldier, who was killed on or after the 3rd day of September, 1946, or whose death was occasioned by a wound received on or after the 3rd day of September, 1946, shall be treated as a dependant of such soldier if, but only if, such soldier had, in accordance with Defence Force regulations in that behalf, made a voluntary allotment from his pay to such relative and such allotment was payable to such relative at the date such soldier was killed or received the wound which occasioned his death.

• (3) Every application for the grant of an allowance or gratuity under subsection (2) of section 15 of the Act of 1927 to the dependants (mentioned in Parts III and IV of the Seventh Schedule to the Act of 1927) of a deceased officer or soldier who was killed on or after the 3rd day of September, 1946, or whose death was occasioned by a wound received on or after the 3rd day of September, 1946, shall be made—

• (a) in case such officer or soldier died before the date of the passing of this Act, within twelve months after that date,

• (b) in case such officer or soldier died on or after the date of the passing of this Act, within twelve months after the date of his death.

8 Amendment of section 4 of the Act of 1943.

8.—Subsection (2) of section 4 of the Act of 1943 is hereby amended, with effect as on and from the 27th day of April, 1943, by the substitution of the words and figures “and received on or after the 3rd day of September, 1939” for the words “during the emergency period.”

9 Amendment of section 7 of the Act of 1943.

9.—(1) Section 7 of the Act of 1943 is hereby amended by the insertion, in lieu of subsection (7) of the following subsection—

• “(7)

  • (a) A special allowance shall be subject to periodic review (not more frequently than once a year) and if it appears, as the result of any such review, that the person to whom such allowance was granted has ceased, by reason of his yearly means, to be entitled to such allowance, or to such allowance at the rate then payable, the allowance shall (as the case may require) either be terminated, or reduced to the appropriate rate as from the date of review;

  • (b) Where a person who is incapable of self-support by reason of permanent infirmity of body or mind is granted a special allowance the Minister in his discretion may at any time review such person's medical condition, and if, as the result of any such review, the Minister is satisfied that such person no longer fulfils the statutory condition relating to permanent infirmity the special allowance shall be terminated as from the date of review;

  • (c) For the purposes of this subsection the date of review shall be taken to be the day after the day on which the current grant of special allowance ceases.”

• (2) The definition (contained in subsection (9) of section 7 of the Act of 1943, as amended by subsection (1) of section 14 of the Act of 1946) of the expression “qualified person” is hereby amended in the following respects—

• (i) the following two paragraphs shall, with effect as on and from the 27th day of February, 1946, be inserted in lieu of paragraphs (a) and (b)—

• “(a) a certificate of military service under the Military Service Pensions Act, 1924 (No. 48 of 1924), or a service certificate under the Military Service Pensions Act, 1934 (No. 43 of 1934), in respect of service during any part of the period which commenced on the 23rd day of April, 1916, and ended on the 11th day of July, 1921, or

• (b) a wound or disability pension under the Acts in respect of a wound received or a disability contracted in the said period, or”;

• (ii) the reference in paragraph (aa) to an application made before the 1st day of January, 1947, shall be construed as a reference to an application made not later than six months after the date of the passing of this Act;

• (iii) the following paragraph shall, with effect as on and from the 27th day of February, 1946, be inserted after paragraph (b),—

• “(c) a medal in respect of service during any part of the week which commenced on the 23rd day of April, 1916;”.

• (3) Subsection (8) of section 7 of the Act of 1943, is hereby amended by the insertion before the word and figure “Sections 9” of the words and figures “Subsection (1) of section 6 and”.

10 Application of the Acts to the Reserve.

10.—(1) Save as provided by subsection (2) of this section, the expression “the forces” where it occurs in the Acts shall be construed as excluding the Reserve.

• (2) In the Acts (except secitons 10 and 14 of the Act of 1927)—

• (a) the expression “the forces” shall be construed as including the Reserve of Officers—First Line and the Reserve of Men—First Line, and

• (b) the word “soldier” shall be construed as including a man of the Reserve of Men—First Line.

11 Compensation Scheme for members of Reserve—Second Line wounded, killed or dying of wounds.

11.—(1) The Minister may, with the consent of the Minister for Finance, make a scheme (in this section referred to as the compensation scheme) providing for the payment, out of moneys provided by the Oireachtas, to, or to the dependants of, members of the Reserve—Second Line, who, in the course of such duties as may be specified in the Scheme, are wounded, killed or die of wounds, of such compensation (in the form of periodical or lump sums) as may be specified in the Scheme.

• (2) The Minister may, with the consent of the Minister for Finance, from time to time make a scheme revoking or amending the compensation scheme.

• (3) Sections 6, 9, 10, 11 and 12 (as amended by section 3 of this Act) of the Act of 1923 and section 21 of the Act of 1927, shall apply in respect of—

• (a) compensation under the compensation scheme,

• (b) persons who are or who claim to be entitled to such compensation,

• (c) persons to whom such compensation is granted, and

• (d) persons who apply for such compensation,

as if such compensation were mentioned in those sections.

• (4)
• (a) Where any compensation, in form of a periodical sum, under the compensation scheme is under section 11 of the Act of 1923 (as applied by subsection (3) of this section) forfeited or terminated, the Minister may, with the consent of the Minister for Finance, restore such compensation either in whole or in part.

• (b) Where any compensation, in the form of a periodical sum, under the compensation scheme is restored in part under paragraph (a) of this subsection, the Minister may with the consent of the Minister for Finance, restore the balance of such compensation.

• (5) In this section the expression “member of the Reserve—Second Line” means any person being—

• (a) an officer of the Reserve of Officers (Fórsa Cosanta Aitiúil),

• (b) a man of the Reserve of Men (Fórsa Cosanta Aitiúil),

• (c) an officer of the Reserve of Officers (An Slua Muirí),

• (d) a man of the Reserve of Men (An Slua Muirí).

12 Gratuities to relatives of certain deceased persons.

12.—(1) Where—

• (a) the Minister has informed the Minister for Finance that he proposes to grant a pension or allowance (including a special allowance) under the Acts to a person, and

• (b) such person dies before the Minister for Finance has consented to the proposed grant,

the Minister may, with the consent of the Minister for Finance, pay, in respect of such person, a gratuity not exceeding the amount which would at such person's death have accrued due on foot of the proposed pension or allowance, if the Minister for Finance had consented to the grant thereof on the date on which the Minister informed him of the proposal to grant it.

• (2) Where—

• (a) the Minister has informed the Minister for Finance that he proposes to grant a gratuity under the Acts to a person, and

• (b) such person dies before the Minister for Finance has consented to the proposed grant,

the Minister may, with the consent of the Minister for Finance, pay in respect of such person a gratuity not exceeding the amount which would have been payable on foot of the proposed gratuity, if the Minister for Finance had consented to the grant thereof on the date on which the Minister informed him of the proposal to grant it.

• (3) Where a gratuity in respect of any person may be paid under subsection (1) or (2) of this section, such gratuity shall (if granted) be paid—

• (a) if such person leaves only one relative, to such relative,

• (b) if such person leaves two or more relatives, to such one or more, exclusively of the others or other, of the said relatives as the Minister may appoint, and if such power is exercised in favour of more than one of them, in such shares as the Minister may appoint.

• (4) For the purposes of this section, each of the following and no other persons shall be a relative of a deceased person—

• (a) his widow,

• (b) his son,

• (c) his daughter,

• (d) his mother,

• (e) his father,

• (f) his brother,

• (g) his sister.

• (5) The preceding subsections of this section shall be deemed to have come into operation on and shall have effect as on and from the 1st day of January, 1947.

13 Deductions in respect of public claims from pensions, allowances, gratuities and compensation.

13.—(1) There may be deducted from any pension, allowance, (including a special allowance), or gratuity payable under the Acts or any compensation payable under any scheme made under section 11 of this Act any moneys due or owing to a State authority by the person to whom such pension, allowance or gratuity or compensation is payable.

• (2) Where a deduction from a pension, allowance, (including a special allowance), gratuity or compensation may be made under subsection (1) of this section, payment of the pension, allowance, gratuity or compensation may be withheld until the amount of the deduction is ascertained.

• (3) For the purposes of this section each of the following shall be a State authority—

• (a) a Minister of State,

• (b) the Commissioners of Public Works in Ireland,

• (c) the Irish Land Commission.

14 Repayment of moneys paid under the Acts in consequence of false statements.

14.—(1) Where—

• (a) any moneys have been paid under the Acts or a scheme made under section 11 of this Act, to a person (in this subsection referred to as the payee) who was not entitled thereto, and

• (b) such moneys were paid in consequence of a false statement made by the payee or any other person, the payee, or, if he is dead, his personal representative, shall be liable to repay to the Minister on demand such moneys.

• (2) Any sum payable by a person to the Minister under this section shall be a debt due by such person to the Minister and may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction or by deduction from any moneys payable under the Acts or a scheme made under section 11 of this Act to or in respect of such person.

15 Repeals.

15.—The enactments mentioned in column (2) of the Second Schedule to this Act are hereby repealed to the extent specified in column (3) of that Schedule and as on and from the respective dates specified in column (4) of that Schedule.

16 Short title and collective citation.

16.—(1) This Act may be cited as the Army Pensions Act, 1949.

• (2) The Acts and this Act may be cited together as the Army Pensions Acts, 1923 to 1949.

FIRST SCHEDULE. Scale of wound pensions and married pensions under section 12 of the act of 1927 for persons discharged from the Forces on or after the passing of this Act.

PART I.

Wound Pensions—Officers.

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 section 12 of the Act of 1927 who is entitled to a married pension shall be at the rate, applicable to his degree of disablement, set out in Part III of this Schedule.

PART II.

Wound Pensions—Soldiers.

The married pension payable to a soldier in receipt of a pension under section 12 of the Act of 1927 who is entitled to a married pension shall be at the rate applicable to his degree of disablement, set out in Part III of this Schedule.

PART III.

Married Pensions—Officers and Soldiers.

The sum specified in the second column of this Schedule shall cease to be payable if the pensioner's wife dies or the marriage is lawfully annulled or dissolved.

SECOND SCHEDULE. Enactments Repealed.