Army Pensions Act , 1953

PART I. Preliminary and General.

1 Short title and collective citation.

1.—(1) This Act may be cited as the Army Pensions Act, 1953.

(2) The Acts and this Act may be cited together as the Army Pensions Acts, 1923 to 1953.

2 Interpretation.

2.—(1) In this Act—

“the Act of 1923” means the Army Pensions Act, 1923 (No. 26 of 1923);

“the Act of 1927” means the Army Pensions Act, 1927 (No. 12 of 1927);

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

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

“the Act of 1941” means the Army Pensions Act, 1941 (No. 2 of 1941);

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

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

“the Act of 1949” means the Army Pensions Act, 1949 (No. 19 of 1949);

“the Increase Act of 1949” means the Army Pensions (Increase) Act, 1949 (No. 28 of 1949);

“the Acts” means the Army Pensions Acts, 1923 to 1949, but does not include this Act;

“the April, 1922-September, 1924, period” means the period which commenced on the 1st day of April, 1922, and ended on the 30th September, 1924;

“military service” has the meaning assigned to that expression by subsection (1) of section 5 of the Act of 1932 for the purposes of Part II of that Act;

“pre-truce military service” means military service during any part of the period beginning on the 1st day of April, 1916, and ending on the 11th day of July, 1921;

“post-truce military service” means military service during any part of the period beginning on the 12th day of July, 1921, and ending on the 30th day of September, 1923.

(2) This Act shall be construed as one with the Acts.

(3) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.

PART II. Allowances to Relatives of Deceased Persons with Pre-Truce Service.

3 Application of this Part.

3.—(1) This Part applies in respect of—

(a) every deceased person who was engaged in pre-truce military service and in respect of whom section 7 or section 8 of the Act of 1923 applies;

(b) every deceased person to whom section 14 of the Act of 1927 applies and who was engaged in pre-truce military service and—

(i) who, having served in the forces, died before the 1st day of October, 1927, while serving in the forces or, having been discharged from the forces, died within four years after such discharge and before the 1st day of October, 1927, and whose death was due solely to disease attributable to service in the forces during the period which commenced on the 1st day of April, 1922, and ended on the 30th day of September, 1923, or

(ii) who, not having served in the forces, died before the 11th day of July, 1925, and was a member of the Irish Volunteers or of the Irish Citizen Army and whose death was due solely to disease attributable to his military service in the Irish Volunteers or the Irish Citizen Army (as the case may be), or

(iii) who, having served in the forces, died before the 1st day of October, 1927, while serving in the forces or, having been discharged from the forces, died within four years after such discharge and before the 1st day of October, 1927, and was a member of the Irish Volunteers or of the Irish Citizen Army and whose death was due solely to disease attributable to military service in the Irish Volunteers or the Irish Citizen Army (as the case may be) or to such military service and service in the forces during the period which commenced on the 1st day of April, 1922, and ended on the 30th day of September, 1923;

(c) every deceased person who was a member of an organisation to which Part II of the Act of 1932 applies and—

(i) who was engaged in pre-truce military service and was killed before the 1st day of October, 1923, while engaged in either pre-truce military service or post-truce military service in circumstances attributable to such service, or

(ii) who was engaged in pre-truce military service only and received a wound attributable to such service and died within four years after receiving such wound and whose death was due to such wound, or

(iii) who was engaged in pre-truce military service only and died before the 11th day of July, 1925, and whose death was due to disease attributable to such service, or

(iv) who was engaged in pre-truce military service and in post-truce military service, and

(I) died before the 1st day of October, 1927, from a disease attributable to military service in the period which commenced on the 1st day of April, 1916, and ended on the 30th day of September, 1923, or

(II) died from a wound attributable to military service in the said last-mentioned period but within four years after receiving such wound.

(2) Notwithstanding subsection (1) of this section, this Part shall not apply in respect of a deceased person—

(a) in respect of whom section 3 of the Act of 1937 applies, or

(b) whose death was due to any serious negligence or misconduct on his part.

4 Grant of annual allowances to certain persons.

4.—(1) The Minister may, on account of the death of any person in respect of whom this Part applies, on application being made to him—

(a) grant to the widow of such deceased person provided such widow had not re-married before the 1st day of January, 1953, an annual allowance of £250 during widowhood;

(b) grant to such one parent of such deceased person, as the Minister may direct, an annual allowance of £180;

(c) grant to such one sister of such deceased person, as the Minister may direct, provided such sister is unmarried or a widow, an annual allowance of £125, while she remains unmarried or a widow (as the case may be) and provided such sister—

(i) was dependent on such deceased person at the date of his death, or

(ii) should, in the opinion of the Minister for Finance, be treated, having regard to all the circumstances of the case, as a dependant of such deceased person;

(d) grant to such one permanently invalided brother of such deceased person, as the Minister may direct, an annual allowance of £125, provided such brother—

(i) was dependent on such deceased person at the date of his death, or

(ii) should, in the opinion of the Minister for Finance, be treated, having regard to all the circumstances of the case, as a dependant of such deceased person.

(2) Only one allowance in respect of the same deceased person shall be payable at any one time under this Part.

5 Direction as to relative to whom allowance is to be paid.

5.—(1) An allowance under this Part shall be payable to such one of the relatives (being a relative mentioned in section 4 of this Act) of a deceased person in respect of whom this Part applies (in this section referred to as such deceased person) as the Minister may direct.

(2) Where, on the death of a relative while in receipt of an allowance under this Part, there are one or more surviving relatives (being relatives mentioned in section 4 of this Act) of such deceased person, the Minister may, on application being made to him, grant to such one of the said surviving relatives of such deceased person as he may direct, such allowance mentioned in this Part as may be appropriate.

6 Time limit for making applications under this Part.

6.—(1) Every application for the grant of an allowance under this Part shall be made not later than twelve months after the date of the passing of this Act save an application made by a widow pursuant to paragraph (c) of subsection (1) of section 4 of this Act which shall be made not later than twelve months after she became a widow or twelve months after the date of the passing of this Act whichever is the later and save an application made pursuant to subsection (2) of section 5 of this Act which shall be made not later than twelve months after the death of the relative mentioned therein.

(2) Every application shall be in such form and contain such particulars as the Minister may require.

7 Commencement of allowances under this Part.

7.—(1) An allowance under this Part which is granted to a person who was on the 1st day of January, 1953, in receipt of an allowance (other than a special allowance) under the Acts shall commence on the 1st day of January, 1953.

(2) An allowance under this Part which is granted to a person who was not on the 1st day of January, 1953, in receipt of an allowance (other than a special allowance) under the Acts shall commence on such date as the Minister may determine, but such date shall not be earlier than the date of the passing of this Act.

(3) An allowance under this Part shall, subject to any directions of the Minister in special cases, be paid monthly in arrear and subject to such conditions as to identification or otherwise as the Minister may direct.

8 Provision against double allowance.

8.—(1) A person to whom an allowance is granted under this Part shall not be entitled to any other allowance under the Acts.

(2) Where a person to whom an allowance is granted under this Part was, immediately before the date of the commencement of that allowance, in receipt of an allowance under the Acts, the last-mentioned allowance shall be deemed to have ceased with effect from the said date and the sum paid in respect of the said last-mentioned allowance in respect of the period commencing on the said date shall be deemed to have been paid in respect of the allowance under this Part.

9 Reference of applications to Military Service Registration Board.

9.—(1) Notwithstanding any previous report of the Military Service Registration Board the Minister may refer an application for an allowance in respect of a deceased person in respect of whom it is claimed that this Part applies to the Board and request the Board to ascertain and certify to the Minister such particulars as the Minister may require in respect of such person and thereupon the Board shall ascertain and certify to the Minister such particulars.

(2) Every certificate (in this Part referred to as a service certificate) issued by the Board to the Minister under this section shall be in such form as the Minister may prescribe and shall, subject to any variation of the certificate made by the Board under subsection (3) of this section, be final and conclusive evidence of the matters of fact certified therein.

(3) The Minister may, on the ground that new evidence has become available subsequent to the issue of the certificate, at any time request the Board to review the certificate, and thereupon the Board shall review the certificate and may, after such review, either, as they think proper, confirm or vary it.

(4) (a) In case it appeared from the certificate, as originally issued under this section that the deceased person was not a person in respect of whom this Part applies (in this section referred to as a qualified person) and it appears from the certificate, as so varied, that the deceased person was a qualified person, then the Minister may proceed in like manner as if it appeared from the certificate, before such variation, that the deceased person was a qualified person.

(b) In case it appeared from the certificate as originally issued under this section, that the deceased person was a qualified person and an allowance in respect of the deceased person was accordingly granted, and it appears from the certificate, as so varied, that the deceased person was not a qualified person, the Minister shall, as soon as may be, by order revoke the allowance as from the date of the order.

10 Reference of applications to Army Pensions Board.

10.—Whenever the Minister, after referring under the immediately preceding section to the Registration Board an application for the grant under this Part of an allowance in respect of any deceased person receives from the Registration Board a service certificate in respect of such person, the Minister may, at his discretion, refer the said application to the Army Pensions Board in pursuance of section 7 of the Act of 1927 and thereupon that section shall apply subject to the modification that the Army Pensions Board shall not investigate or report on any matter which has been the subject of ascertainment and certification by the Registration Board under this Part.

11 Application of certain sections of Acts of 1923 and 1927.

11.—(1) Sections 9, 10, 11, 12, 13 and 14 of the Act of 1923 and section 21 of the Act of 1927 shall apply in respect of allowances under this Part, persons who are or claim to be entitled to such allowances, persons to whom such allowances are granted and persons applying for such allowances as if such allowances were the allowances mentioned in those sections respectively.

(2) The reference in section 21 of the Act of 1927 to persons attending as applicants or witnesses before the Army Pensions Board pursuant to a summons of that Board shall be construed as including a reference to persons attending as applicants or witnesses before the Military Service Registration Board pursuant to a summons of that Board.

PART III. Increases of Pensions and Allowances under the Acts.

12 Appropriate sum.

12.—(1) For the purposes of this Part, “the appropriate sum” in relation to a pension means—

(a) where the amount of the pension does not exceed £100 a year, 50 per cent. of the amount of the pension,

(b) where the amount of the pension exceeds £100 a year but does not exceed £125 a year, £50 a year,

(c) where the amount of the pension exceeds £125 a year but does not exceed £150 a year, 40 per cent. of the amount of the pension,

(d) where the amount of the pension exceeds £150 a year but does not exceed £200 a year, £60 a year,

(e) where the amount of the pension exceeds £200 a year but does not exceed £346 3s. 1d. a year, 30 per cent. of the amount of the pension,

(f) where the amount of the pension exceeds £346 3s. 1d. a year, sufficient to bring the amount of the pension to £450 a year.

(2) For the purposes of subsection (1) of this section the amount of a pension shall be the amount of the full pension, whether the pension is in course of payment in full, in part or not at all.

(3) In this section “pension” does not include a further pension under section 2 or section 3 of the Act of 1923, or a married pension.

13 Increase of allowance to each sister of a Signatory of the Proclamation published on Easter Monday, 1916.

13.—Subsection (1) of section 3 of the Act of 1937 is hereby amended by the substitution in paragraph (c) (which relates to the allowance payable to each sister of a Signatory of the Proclamation published on Easter Monday, 1916) of “two hundred and fifty pounds” for “one hundred pounds”.

14 Increase of wound pensions under section 1 of the Act of 1923.

14.—(1) A wound pension granted under section 1 of the Act of 1923 to an officer discharged from the forces before the 1st day of October, 1924, which under the Acts is payable at the rate mentioned in column (2) of the First Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of the said First Schedule at that reference number.

(2) The amount of a wound pension granted under section 1 of the Act of 1923 to an officer discharged from the forces on or after the 1st day of October, 1924, shall be whichever of the following amounts is the lesser—

(a) the amount of such wound pension which would be payable if the Increase Act of 1949 had not been passed, increased by the appropriate sum,

(b) the amount which would be payable under the Acts if the officer had been discharged from the forces on the 2nd day of September, 1946, and his rank and service in that rank on that date were the same as those on the date of his actual discharge.

(3) A wound pension granted under section 1 of the Act of 1923 to a soldier which under the Acts is payable at the rate mentioned in column (2) of the Second Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of the said Second Schedule at that reference number.

15 Increase of wound pensions under section 3 of the Act of 1923.

15.—(1) A wound pension granted under section 3 of the Act of 1923 to a person deemed to have held the rank of officer in the forces which under the Acts is payable at the rate mentioned in column (2) of the First Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of the said First Schedule at that reference number.

(2) A wound pension granted under section 3 of the Act of 1923 to a person deemed to have held the rank of soldier in the forces which under the Acts is payable at the rate mentioned in column (2) of the Second Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of the said Second Schedule at that reference number.

16 Increase of extra pensions under sections 2 and 3 of the Act of 1923.

16.—A further pension payable under section 2 or under section 3 of the Act of 1923 shall be increased by twenty-five per cent.

17 Amendment of Second Schedule to the Act of 1923.

17.—In the Second Schedule to the Act of 1923 there shall be substituted—

(a) in paragraph 2 and in paragraph 3, “£36” for “£24” and “£60” for “£40” in both cases where those figures occur, and

(b) in paragraph 5, “£1 10s.” for “£1”.

18 Amendment of Third Schedule to the Act of 1923.

18.—In the Third Schedule to the Act of 1923 there shall be substituted—

(a) in paragraph 1, “£1 6s. 3d.” for “17s. 6d.”, and

(b) in paragraph 4, “£1 2s. 6d.” for “15s.”.

19 Increase of disability pensions under section 9 of the Act of 1927.

19.—(1) A disability pension granted under subsection (1) of section 9 of the Act of 1927 to an officer which under the Acts is payable at the rate mentioned in column (2) of the First Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of the said First Schedule at that reference number.

(2) A disability pension granted under subsection (1) of section 9 of the Act of 1927 to a soldier which under the Acts is payable at the rate mentioned in column (2) of the Second Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of the said Second Schedule at that reference number.

20 Increase of disability pensions under section 10 of the Act of 1927.

20.—(1) The amount of a disability pension granted under subsection (1) of section 10 of the Act of 1927 to an officer discharged from the forces before the 2nd day of April, 1950, shall be determined in accordance with the provisions set out in the Third Schedule to this Act.