Army Pensions Act , 1960

1 Interpretation.

1.—(1) In this Act—

“the Act of 1923” means the Army Pensions Act, 1923;

“the Act of 1927” means the Army Pensions Act, 1927;

“the Act of 1932” means the Army Pensions Act, 1932;

“the Act of 1937” means the Army Pensions Act, 1937;

“the Act of 1941” means the Army Pensions Act, 1941;

“the Act of 1943” means the Army Pensions Act, 1943;

“the Act of 1946” means the Army Pensions Act, 1946;

“the Act of 1949” means the Army Pensions Act, 1949;

“the Act of 1953” means the Army Pensions Act, 1953;

“the Act of 1957” means the Army Pensions Act, 1957;

“the Act of 1959” means the Army Pensions Act, 1959;

“the Acts” means the Army Pensions Acts, 1923 to 1959, 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.

(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.

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

2.—(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 4 of the Act of 1957, be whichever of the following amounts is the lesser—

(a) the amount specified in paragraph (a) of subsection (2) of section 4 of the Act of 1957, increased by—

(i) in case such officer was discharged from the forces before the 1st day of September, 1949—six per cent., or

(ii) in case such officer was discharged from the forces on or after the 1st day of September, 1949—four per cent.,

(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 the Act of 1957.

(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.

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

3.—(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.

4 Increase of further pensions under sections 2 and 3 of the Act of 1923.

4.—The amount of a further pension granted under section 2 or 3 of the Act of 1923 shall be the amount payable under the Acts in respect of such further pension increased by six per cent.

5 Amendment of Second Schedule to the Act of 1923.

5.—The Second Schedule (which specifies allowances for dependants of certain deceased officers) to the Act of 1923 is hereby amended in the following respects—

(a) in paragraph 1, “£160” shall be substituted for “£151” (inserted by subsection (1) of section 6 of the Act of 1957),

(b) in paragraph 2 and in paragraph 3, “£44” and “£73” shall be substituted for “£41 10s.” and “£69” (inserted by subsection (1) of section 6 of the Act of 1957) respectively, and

(c) in paragraph 5, “£1 16s. 6d.” shall be substituted for “£1 14s. 6d.” (inserted by subsection (1) of section 6 of the Act of 1957).

6 Amendment of Third Schedule to the Act of 1923.

6.—The Third Schedule (which specifies allowances for dependants of certain deceased soldiers) to the Act of 1923 is hereby amended in the following respects—

(a) in paragraph 1, “£1 12s. 0d.” shall be substituted for “£1 10s. 3d.” (inserted by section 7 of the Act of 1957),

(b) in paragraph 2, “9s. 3d.”, “6s. 3d.” and “15s. 9d.” shall be substituted for “8s. 9d.”, “6s.” and “14s. 9d.” (inserted by section 7 of the Act of 1957) respectively, and

(c) in paragraph 4, “£1 7s. 6d.” shall be substituted for “£1 6s.” (inserted by section 7 of the Act of 1957).

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

7.—(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.

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

8.—(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 1957 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.

9 Increase of wound pensions under section 11 of the Act of 1927.

9.—(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.

10 Increase of certain wound pensions under section 12 of the Act of 1927.

10.—(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 1957 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) The First Schedule to the Act of 1949 (which specifies the amount of a wound pension payable under section 12 of the Act of 1927 to persons discharged from the forces on or after the 30th day of July, 1949) is hereby amended by the substitution for Part II (inserted by subsection (5) of section 11 of the Act of 1957) of the following:

Wound Pensions—Soldiers.

Degree of Disablement	Rate of Pension per week
per cent.	£	s.	d.
100	3	12	0
90	3	7	3
80	3	0	0
70	2	12	9
60	2	6	0
50	1	18	6
40	1	10	9
30	1	3	0
20		15	3

”

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

11.—(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 12 of the Act of 1957, be whichever of the following is the lesser—

(a) the amount specified in paragraph (a) of subsection (2) of section 12 of the Act of 1957, increased by—

(i) in case such officer was discharged from the forces before the 1st day of September, 1949— six per cent., or

(ii) in case such officer was discharged from the forces on or after the 1st day of September, 1949—four per cent.,

(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 the Act of 1957.

(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 1957 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.

12 Increase of married pensions under sections 9 to 13 of the Act of 1927 and section 5 of the Act of 1946.

12.—The amount of a married pension granted under section 9, 10, 11, 12 or 13 of the Act of 1927 or under section 5 of the Act of 1946 shall be the amount payable under the Acts in respect of such married pension increased by six per cent.

13 Amendment of Sixth Schedule to the Act of 1927.

13.—The Sixth Schedule (which specifies allowances to dependants of certain deceased members of the forces) to the Act of 1927 is hereby amended in the following respects—

(a) in paragraph 1 of Part I, “£160” shall be substituted for “£151” (inserted by section 13 of the Act of 1957),

(b) in paragraphs 2 and 3 of Part I, “£44” and “£73” shall be substituted for “£41 10s.” and “£69” (inserted by section 13 of the Act of 1957), respectively,

(c) in paragraph 1 of Part II, “£1 12s.” shall be substituted for “£1 10s. 3d.” (inserted by section 13 of the Act of 1957), and

(d) in paragraph 2 of Part II, “9s. 3d.”, “6s. 3d.” and “15s. 9d.” shall be substituted for “8s. 9d.”, “6s.” and “14s. 9d.” (inserted by section 13 of the Act of 1957) respectively.

14 Amendment of Seventh Schedule to the Act of 1927.

14.—(1) The following Parts shall be substituted for Part I and Part II (inserted by subsection (1) of section 14 of the Act of 1957) of the Seventh Schedule to the Act of 1927 (which specifies allowances to dependants of certain deceased members of the Forces):

Officers.

1. Widow of second lieutenant, lieutenant or captain.	£109 10s. per annum during widowhood.
Widow of major, lieutenant-colonel or commandant.	£160 per annum during widowhood.
Widow of colonel or officer of higher rank.	£199 10s. per annum during widowhood.
2. Widow of officer (any rank).	£188 gratuity on first re-marriage.
3. Children who are, in the case of sons, under the age of 18, and in the case of daughters, unmarried and under the age of 21.	(a) while mother is living, £33 per annum for each child.
(b) after death of mother, £61 per annum for each child.
4. Children over the age of 11 and under the age of 18.	Repayment of amount proved to have been in fact necessarily and properly expended in educational fees but not exceeding £60 in any one calendar year in respect of any one child. This allowance is additional to the allowance stated in paragraph 3.

Soldiers.

1. Widow	22s. 9d. per week during widowhood.
2. Widow	Gratuity of £86 on first re-marriage.
3. Children who are, in the case of sons, under the age of 18, and in the case of daughters, unmarried and under the age of 18.	(a) while mother is living, 8s. 6d. per week for each child.
(b) after death of mother, 17s. per week for each child.
4. Children over the age of 11 and under the age of 18.	Repayment of amount proved to have been in fact necessarily and properly expended in educational fees but not exceeding £60 in any one calendar year in respect of any one child. This allowance is additional to the allowance stated in paragraph 3.”

(2) The reference in section 25 of the Act of 1953 to paragraphs 1 and 3 of Part I and paragraphs 1 and 3 of Part II of the Seventh Schedule to the Act of 1927 shall be deemed to be a reference to paragraphs 1 and 3 of Part I and paragraphs 1 and 3 of Part II of the Seventh Schedule to the Act of 1927 as amended by subsection (1) of this section.

(3) Part III of the Seventh Schedule to the Act of 1927 (inserted by subsection (5) of section 5 of the Act of 1943) shall be construed as if “£95 10s.” were substituted in paragraph 6 for “£90” (inserted by subsection (3) of section 14 of the Act of 1957).

(4) Part IV of the Seventh Schedule to the Act of 1927 (inserted by subsection (5) of section 5 of the Act of 1943) shall be construed as if “£47 10s.” were substituted in paragraph 6 for “£45” (inserted by subsection (4) of section 14 of the Act of 1957).

15 Increase of wound disability and married pensions under section 10 of the Act of 1932.

15.—(1) A wound pension or a disability pension granted under subsection (1) or under subsection (2) of section 10 of the Act of 1932 which is payable at the rate mentioned in column (2) of the Fifth Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (4) of that Schedule at that reference number.

(2) A married pension granted under subsection (3) of section 10 of the Act of 1932 which is payable at the rate mentioned in column (3) of the Fifth Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (5) of that Schedule at that reference number.

16 Amendment of Second Schedule to the Act of 1932.

16.—The Second Schedule (which specifies allowances and gratuities to certain classes of persons) to the Act of 1932 is hereby amended in the following respects—

(a) in paragraph 1 of Part I, “£123” shall be substituted for “£116” (inserted by section 16 of the Act of 1957),