Army Pensions Act , 1957

PART I. Preliminary and General.

1 Short title and collective citation.

1.—(1) This Act may be cited as the Army Pensions Act, 1957.

(2) The Acts and this Act may be cited together as the Army Pensions Acts, 1923 to 1957.

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 Act of 1953” means the Army Pensions Act, 1953 (No. 23 of 1953);

“the Acts” means the Army Pensions Acts, 1923 to 1953, 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 day of September, 1924;

“disablement pension” means a wound or disability pension under the Acts, and includes any further pension under section 2 or section 3 of the Act of 1923 and a married pension;

“Defence Forces pension” means retired pay or pension under any scheme made (whether before or after the passing of this Act) under the Defence Forces (Pensions) Acts, 1932 to 1949, as amended by any subsequent enactment.

(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. Increases of Pensions, Allowances and Gratuities under the Acts.

3 Appropriate sum.

3.—(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, fifteen 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, £15 a year.

(c) where the amount of the pension exceeds £125 a year but does not exceed £150 a year, twelve 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, £18 a year,

(e) where the amount of the pension exceeds £200 a year but does not exceed £300 a year, nine per cent. of the amount of the pension,

(f) where the amount of the pension exceeds £300 a year but does not exceed £450 a year, £27 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.

4 Increase of wound pensions and gratuities under section 1 of the Act of 1923.

4.—(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 that 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, and before the 2nd day of April, 1950, shall, in lieu of being an amount calculated in accordance with subsection (2) of section 14 of the Act of 1953, be whichever of the following amounts is the lesser—

(a) the amount payable to such officer under subsection (2) of the said section 14, increased by the appropriate sum,

(b) the amount which would be payable to such officer under the Acts if he had been discharged from the forces on the 2nd day of November, 1952, and his rank and service in that rank on that date were the same as those on the date of his actual discharge and the scale of pension applicable to him were the appropriate scale contained in the Tables to this subsection.

TABLE I

Officer who was a married officer within the meaning of the Defence Force Regulations governing the pay of officers in force on the day before the day of his discharge from the forces.

Degree of Disablement	Scale of Pension
(1)	(2)
per cent.
100	48 per cent. of annual pay at the date of discharge.
90	43 per cent. of annual pay at the date of discharge.
80	39 per cent. of annual pay at the date of discharge.
70	34 per cent. of annual pay at the date of discharge.
60	29 per cent. of annual pay at the date of discharge.
50	24 per cent. of annual pay at the date of discharge.
40	19 per cent. of annual pay at the date of discharge.
30	14 per cent. of annual pay at the date of discharge.
20	10 per cent. of annual pay at the date of discharge.

TABLE II

Officer who was not a married officer within the meaning of the Defence Force Regulations governing the pay of officers in force on the day before the day of his discharge from the forces.

Degree of Disablement	Scale of Pension
(1)	(2)
per cent.
100	55 per cent. of annual pay at the date of discharge.
90	50 per cent. of annual pay at the date of discharge.
80	44 per cent. of annual pay at the date of discharge.
70	39 per cent. of annual pay at the date of discharge.
60	33 per cent. of annual pay at the date of discharge.
50	28 per cent. of annual pay at the date of discharge.
40	22 per cent. of annual pay at the date of discharge.
30	17 per cent. of annual pay at the date of discharge.
20	11 per cent. of annual pay at the date of 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 that Schedule at that reference number.

(4) Section 1 of the Act of 1923 is hereby amended by the substitution, in subsection (3), of “£175” for “£100” and “£105” for “£60”, and section 3 of the Act of 1923 (in so far as it relates to the grant of a gratuity) shall have effect accordingly.

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

5.—(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 that 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 that Schedule at that reference number.

6 Amendment of Second Schedule to the Act of 1923.

6.—(1) In the Second Schedule to the Act of 1923 (which specifies allowances for dependants of certain deceased officers) there shall be substituted—

(a) in paragraph 1, “£151” for “£90” and “£188” for “£120”,

(b) in paragraph 2 and in paragraph 3, “£41 10s.” for “£36” and “£69” for “£60”,

(c) in paragraph 4, “£60” for “£35”, and

(d) in paragraph 5, “£1 14s. 6d.” for “£1 10s.”.

(2) Section 4 of the Army Pensions (Increase) Act, 1949 (No. 28 of 1949), is hereby repealed.

7 Amendment of Third Schedule to the Act of 1923.

7.—In the Third Schedule to the Act of 1923 (which specifies allowances for dependants of certain deceased soldiers) there shall be substituted—

(a) in paragraph 1, “£1 10s. 3d.” for “£1 6s. 3d.” and “£78 10s.” for “£45 10s. 0d.”,

(b) in paragraph 2, “8s. 9d.”, “6s.” and “14s. 9d.” for “5s.”, “3s. 6d.” and “8s. 6d.”, respectively,

(c) in paragraph 3, “£60” for “£35”, and

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

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

8.—(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 that 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 that Schedule at that reference number.

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

9.—(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.

(2) A disability pension granted under subsection (1) of section 10 of the Act of 1927 to a soldier suffering at the date of his discharge from a disablement caused by disease attributable to service in the forces during the April, 1922-September, 1924, period shall, in lieu of being payable at the rate specified in that behalf in those provisions of the Fourth Schedule to the Act of 1953 which are applicable to his case, be payable at the increased rate specified in that behalf in those provisions of the Fourth Schedule to this Act which are applicable to his case.

(3) A disability pension granted under subsection (1) of section 10 of the Act of 1927 to a soldier who was at the date of his discharge from the forces suffering from a disablement caused by disease attributable to service in the forces during the emergency period and 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 that Schedule at that reference number.

10 Increase of wound pensions and gratuities under section 11 of the Act of 1927.

10.—(1) A wound pension granted under subsection (1) of section 11 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 that Schedule at that reference number.

(2) A wound pension granted under subsection (1) of section 11 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 that Schedule at that reference number.

(3) Subsection (4) of section 11 of the Act of 1927 is hereby amended by the substitution of “one hundred and seventy-five pounds” for “one hundred pounds” and “one hundred and five pounds” for “sixty pounds.”

11 Increase of certain wound pensions and gratuities under section 12 of the Act of 1927.

11.—(1) The amount of a wound pension granted under subsection (1) of section 12 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.

(2) A wound pension granted under subsection (1) of section 12 of the Act of 1927 to a soldier who was discharged from the forces before the 30th day of July, 1949, and who at the date of his discharge was suffering from a disablement due to a wound attributable to service in the forces other than during the emergency period shall, in lieu of being payable at the rate specified in that behalf in those provisions of the Fourth Schedule to the Act of 1953 which are applicable to his case, be payable at the increased rate specified in that behalf in those provisions of the Fourth Schedule to this Act which are applicable to his case.

(3) A wound pension granted under subsection (1) of section 12 of the Act of 1927 to a soldier who was discharged from the forces before the 30th day of July, 1949, and who at the date of his discharge was suffering from a disablement due to a wound attributable to service in the forces during the emergency period and 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 that Schedule at that reference number.

(4) Subsection (4) of section 12 of the Act of 1927 is hereby amended—

(i) by the substitution in paragraph (a) of “one hundred and forty pounds” for “eighty pounds” and “eight pounds and fifteen shillings” for “five pounds”,

(ii) by the substitution in paragraph (b) of “seventy pounds” for “forty pounds” and “four pounds seven shillings and sixpence” for “two pounds and ten shillings”.

(5) The First Schedule to the Act of 1949 is hereby amended by the substitution for Part II (which specifies the amount of a wound pension payable to a soldier who was discharged from the forces on or after the 30th day of July, 1949), of the following:

“PART II.

Degree of Disablement	Rate of Pension per week
per cent.	£	s.	d.
100	3	8	0
90	3	3	6
80	2	16	6
70	2	9	9
60	2	3	6
50	1	16	3
40	1	9	0
30	1	1	9
20		14	6

”

12 Increase of disability pensions under section 13 of the Act of 1927.

12.—(1) A disability pension granted under subsection (1) of section 13 of the Act of 1927 to an officer discharged from the forces before the 1st day of October, 1924, or to a person determined to have been 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 that Schedule at that reference number.

(2) The amount of a disability pension granted under subsection (1) of section 13 of the Act of 1927 to an officer discharged from the forces on or after the 1st day of October, 1924, and before the 2nd day of April, 1950, shall, in lieu of being an amount calculated in accordance with subsection (2) of section 23 of the Act of 1953, be whichever of the following is the lesser—

(a) the amount payable to such officer under subsection (2) of the said section 23, increased by the appropriate sum,

(b) the amount which would be payable to such officer under the Acts if he had been discharged from the forces on the 2nd day of November, 1952, and his rank and service in that rank on that date were the same as those on the date of his actual discharge and the scale of pension applicable to him were the appropriate scale contained in the Tables to subsection (2) of section 4 of this Act.

(3) A disability pension granted under subsection (1) of section 13 of the Act of 1927 to a soldier discharged from the forces before the 1st day of October, 1924, or to a person determined to have been 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 that Schedule at that reference number.

(4) A disability pension granted under subsection (1) of section 13 of the Act of 1927 to a soldier discharged from the forces on or after the 1st day of October, 1924, shall, in lieu of being payable at the rate specified in that behalf in those provisions of the Fourth Schedule to the Act of 1953 which are applicable to his case, be payable at the increased rate specified in that behalf in those provisions of the Fourth Schedule to this Act which are applicable to his case.

13 Amendment of Sixth Schedule to the Act of 1927.

13.—In the Sixth Schedule to the Act of 1927 (which specifies allowances to dependants of certain deceased members of the forces)—

(a) in paragraph 1 of Part I, “£151” and “£188” shall be substituted for “£135” and “£120”, respectively,

(b) in paragraphs 2 and 3 of Part I, “£41 10s.” and “£69” shall be substituted for “£24”, and “£40”, respectively,

(c) in paragraph 4 of Part I, “£60” shall be substituted for “£35”,

(d) in paragraph 1 of Part II, “£1 10s. 3d.” and “£78 10s.” shall be substituted for “£1 6s. 3d.” and “£45 10s.”, respectively,

(e) in paragraph 2 of Part II, “8s. 9d.”, “6s.” and “14s. 9d.” shall be substituted for “5s.”, “3s. 6d.” and “8s. 6d.”, respectively, and

(f) in paragraph 3 of Part II, “£60” shall be substituted for “£35”.

14 Amendment of Seventh Schedule to the Act of 1927.

14.—(1) The following Parts shall be substituted for Part I and Part II of the Seventh Schedule to the Act of 1927 (which specifies allowances to dependants of certain deceased members of the forces):

“Allowances to Dependants.

PART I.