S.I. No. 50/1981 - Army Pensions Regulations, 1981

S.I. No. 50 of 1981.

ARMY PENSIONS REGULATIONS, 1981.

I, SYLVESTER BARRETT, Minister for Defence, in exercise of the powers conferred on me by section 7 of the Army Pensions Act, 1980 (No. 21 of 1980), and with the consent of the Minister for the Public Service, hereby make the following Regulations:

1 Short Title.

1.

1. These Regulations may be cited as the Army Pensions Regulations, 1981.

2 Definitions.

2.

2. (1) In these Regulations—

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

"the No. 2 Act of 1960" means the Army Pensions (No. 2) Act, 1960 (No. 39 of 1960);

"the Act of 1962" means the Army Pensions Act, 1962 (No. 22 of 1962);

"the Act of 1968" means the Army Pensions Act, 1968 (No. 12 of 1968);

"the Acts" means the Army Pensions Acts, 1923 to 1980.

• (2) These Regulations shall be construed as one with the Acts.

• (3) References in these Regulations to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.

3 Grant of further or married pensions.

3.

3. (1) This paragraph applies to further or married pensions payable in accordance with—

• (a) section 2 (2) of the Act of 1923;

• (b) sections 9 (2), 10 (2), 11 (2), 12 (2), 13 (2) and 22 of the Act of 1927;

• (c) sections 10 (3) and 11 of the Act of 1932;

• (d) sections 7 (2) and 7 (4) of the Act of 1962;

• (e) section 2 of the Act of 1968.

• (2) Notwithstanding the restrictions contained in the First Schedule to the Army Pensions Act, 1946 (No. 3 of 1946), and the Army Pensions Act, 1949 (No. 19 of 1949), the sole condition necessary for the grant of a further pension or a married pension to which this paragraph applies is that a person should be in receipt of a wound pension or a disability pension payable under the Acts or in receipt of a pension to which section 7 of the Act of 1962 applies and, accordingly, the appropriate further pension or married pension shall be payable to that person for so long as he continues to receive such wound pension, disability pension or pension to which the said section 7 applies.

• (3) This paragraph shall be deemed to have come into operation on the 31st day of December, 1975.

• (4) Payment of any amount due for the period from the 31st day of December, 1975 to the 30th day of June, 1977, shall be made in accordance with the directions of the Minister for the Public Service in the case of public service pensioners.

4 Equalisation of certain disablement pensions.

4.

4. (1) Section 10 and 12 of the Act of 1927 shall, in their application to an officer who is discharged from the forces on or after the 2nd day of December, 1974, have effect as if, for the Tables contained in Part 1 of the Third Schedule to that Act (inserted by section 48 (1) of the Act of 1953), there were substituted the following Table:

"TABLE

PART I OFFICERS

• (2) Sections 10 and 12 (as extended by the No. 2 Act of 1960) of the Act of 1927, in their application to a member of the Chaplaincy Service whose service as such member is terminated on or after the 2nd day of December, 1974, shall have effect as if, for the Table to section 4 of the No. 2 Act of 1960, there were substituted the following Table:

"TABLE

• (3) Section 10 (as amended by section 3 of the No. 2 Act of 1960) of the Act of 1927, in its application to an officer who is discharged from the forces on or after the 2nd day of December, 1974, shall have effect as if, for the Table contained in Part I of the First Schedule to the No. 2 of 1960, there were substituted the following Table:

"TABLE

PART I OFFICERS

• (4) This paragraph shall be deemed to have come into operation on the 2nd day of December, 1974.

5 Allowance to certain widows.

5.

5. (1) Where a person—

• (a) applied for the grant of a disability pension under section 10 of the Act of 1932 and died before such grant could be made and

• (b) the Minister is satisfied that, but for the death of that person, he would have complied with the statutory conditions for the grant of a disability pension based on a degree of disablement of not less than fifty per cent,

the Minister may grant to the widow of such person (provided she had not remarried) the appropriate allowance under the Acts.

• (2) This paragraph shall be deemed to have come into operation on the 2nd day of December, 1974.

GIVEN under my Official Seal, this 17th day of February, 1981.

SYLVESTER BARRETT.

The Minister for the Public Service hereby consents to the

making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for the Public Service, this 17th day of February, 1981.

GENE FITZGERALD.

EXPLANATORY NOTE.

These Regulations provide for the grant of further or married pensions, the equalisation of certain disablement pensions and the grant of allowances to certain widows under the Army Pensions Acts, 1923 to 1980.