{"id":26989,"date":"2023-09-08T22:03:38","date_gmt":"2023-09-08T22:03:38","guid":{"rendered":"https:\/\/legalblog.ie\/?p=26989"},"modified":"2024-04-20T22:25:24","modified_gmt":"2024-04-20T22:25:24","slug":"army-pensions","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/army-pensions\/","title":{"rendered":"Army Pensions"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/army-pensions\/#Army_Pensions\" title=\"Army Pensions\">Army Pensions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/army-pensions\/#Allowances_Gratuities\" title=\"Allowances &amp; Gratuities\">Allowances &amp; Gratuities<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/army-pensions\/#Army_Pensions_Board\" title=\"Army Pensions Board\">Army Pensions Board<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/army-pensions\/#Disablement\" title=\"Disablement\">Disablement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/army-pensions\/#Compensation\" title=\"Compensation\">Compensation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/army-pensions\/#Pensions\" title=\"Pensions\">Pensions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/army-pensions\/#Negligence\" title=\"Negligence\">Negligence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/army-pensions\/#Army_Deafness\" title=\"Army Deafness\">Army Deafness<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/army-pensions\/#Health_Safety_Welfare_at_Work\" title=\"Health Safety &amp; Welfare at Work\">Health Safety &amp; Welfare at Work<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/army-pensions\/2\/#ARMY_PENSIONS_ACT_1923\" title=\"ARMY PENSIONS ACT, 1923.\">ARMY PENSIONS ACT, 1923.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/army-pensions\/2\/#MILITARY_SERVICE_PENSIONS_ACT_1924\" title=\"MILITARY SERVICE PENSIONS ACT, 1924.\">MILITARY SERVICE PENSIONS ACT, 1924.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/army-pensions\/2\/#ARMY_PENSIONS_ACT_1927\" title=\"ARMY PENSIONS ACT, 1927.\">ARMY PENSIONS ACT, 1927.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/army-pensions\/2\/#ARMY_PENSIONS_ACT_1932\" title=\"ARMY PENSIONS ACT, 1932.\">ARMY PENSIONS ACT, 1932.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/army-pensions\/2\/#MILITARY_SERVICE_PENSIONS_ACT_1934\" title=\"MILITARY SERVICE PENSIONS ACT, 1934.\">MILITARY SERVICE PENSIONS ACT, 1934.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/army-pensions\/2\/#ARMY_PENSIONS_ACT_1937\" title=\"ARMY PENSIONS ACT, 1937.\">ARMY PENSIONS ACT, 1937.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/army-pensions\/2\/#ARMY_PENSIONS_ACT_1941\" title=\"ARMY PENSIONS ACT, 1941.\">ARMY PENSIONS ACT, 1941.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/army-pensions\/2\/#ARMY_PENSIONS_ACT_1943\" title=\"ARMY PENSIONS ACT, 1943.\">ARMY PENSIONS ACT, 1943.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/army-pensions\/2\/#ARMY_PENSIONS_ACT_1943-2\" title=\"ARMY PENSIONS ACT, 1943.\">ARMY PENSIONS ACT, 1943.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/army-pensions\/2\/#ARMY_PENSIONS_ACT_1946\" title=\"ARMY PENSIONS ACT, 1946.\">ARMY PENSIONS ACT, 1946.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/army-pensions\/2\/#DEFENCE_FORCES_PENSIONS_AMENDMENT_ACT_1949\" title=\"DEFENCE FORCES (PENSIONS) (AMENDMENT) ACT, 1949.\">DEFENCE FORCES (PENSIONS) (AMENDMENT) ACT, 1949.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/army-pensions\/2\/#ARMY_PENSIONS_ACT_1953\" title=\"ARMY PENSIONS ACT, 1953.\">ARMY PENSIONS ACT, 1953.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/army-pensions\/2\/#ARMY_PENSIONS_No_2_ACT_1960\" title=\"ARMY PENSIONS (No. 2) ACT, 1960.\">ARMY PENSIONS (No. 2) ACT, 1960.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/army-pensions\/2\/#ARMY_PENSIONS_ACT_1968\" title=\"ARMY PENSIONS ACT, 1968\">ARMY PENSIONS ACT, 1968<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/army-pensions\/2\/#ARMY_PENSIONS_ACT_1971\" title=\"ARMY PENSIONS ACT, 1971\">ARMY PENSIONS ACT, 1971<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/army-pensions\/2\/#ARMY_PENSIONS_ACT_1973\" title=\"ARMY PENSIONS ACT, 1973\">ARMY PENSIONS ACT, 1973<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/army-pensions\/2\/#ARMY_PENSIONS_ACT_1980\" title=\"ARMY PENSIONS ACT, 1980\">ARMY PENSIONS ACT, 1980<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Army_Pensions\"><\/span>Army Pensions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Army pension entitlements are laid down in extensive legislation.\u00a0 This is relatively unusual in the public sector.\u00a0 More commonly, the major public service schemes are made under more general legislation.<\/p>\n<p>An application for a pension is made to the Minister for Defence, and the matter is referred to the Army Pension Board.\u00a0 The Minister may decide the matter himself if a reference or investigation is not necessary by the Army Pensions Board.<\/p>\n<p>When an application is referred to the Board, it investigates the matter and refers back to the Department.\u00a0 A reference to the Board may be necessary, for example, where there is a disablement or injury.\u00a0 In this case, the Board determines the extent of disablement and relevant qualifications.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Allowances_Gratuities\"><\/span>Allowances &amp; Gratuities<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are a number of types of pensions which may be awarded to soldiers who have been injured in the course of their service.\u00a0 A wound pension may be granted at the date of discharge, and the Defence Forces for the person who has suffered a disablement caused by a wound during military service.\u00a0 The disablement must be of a permanent nature, which impairs a function.<\/p>\n<p>A wound gratuity may be granted where a lesser degree of injury has been suffered than is necessary for a wound pension. A disability pension may be granted where disablement is due to a disease on UN service.<\/p>\n<p>Allowances and gratuities may be made to widows and children of persons who have died in service, have died after discharge due to a disease referable to UN service, or persons who were in receipt of a disability pension who died due to the disease for which the pension was granted.<\/p>\n<p>There are a range of other allowances and gratuities that may be granted to widows, children and dependents of persons who die in service or afterwards due to wounds from serving in the Defence Forces or the United Nations.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Army_Pensions_Board\"><\/span>Army Pensions Board<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Army Pensions Board consists of three members.\u00a0 Two are medical practitioners, and one is an Army medical officer.\u00a0 A chairman and non-military member are appointed by the Minister for Defence.<\/p>\n<p>The Board investigates applications for pensions and reports to the Department.\u00a0 The Board may conduct enquiries, hear witnesses on oath, and make investigations.\u00a0 They may medically examine applicants.<\/p>\n<p>The Board may examine applicants or refer them for examination.\u00a0 An initial examination may be undertaken by the Board&#8217;s officers.\u00a0 The applicant may be referred to the appropriate specialist.<\/p>\n<p>The Board may summons applicants, and failure to attend is likely to lead to an adverse finding. The Board must follow principles of natural justice in considering applications for pensions. The Board&#8217;s findings are conclusive.\u00a0 The Minister may request a review based on new evidence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Disablement\"><\/span>Disablement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Board assesses the degree of disablement.\u00a0 A wound pension requires 20%, while a wound gratuity may be permitted below this level.\u00a0 The disability percentage requires 80%, though a special provision for service with the UN applies for disablement between 50% and 80%; they permit the grant of a pension.\u00a0 A special pension may be granted for disablement of at least 80% caused by disease aggravated by a wound or disease in UN service.<\/p>\n<p>Pensions may be reviewed where the degree of disablement increases by up to 10% of the pre-existing level.\u00a0 Applicant may request the Minister to refer the matter to the Army Pensions Board.A person may be disqualified from a pension or gratuity if the disease or injury is due to serious negligence and misconduct.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Compensation\"><\/span>Compensation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Compensation for personal injury or death may be taken into account and fixed at the level of payment.\u00a0 If it is received after the award is made, the pension may be reviewed to take account of the award or may be terminated.<\/p>\n<p>The pension may only be reduced to the extent where the compensation covers the same areas.\u00a0 However, elements of the scheme are relatively unique and cannot really link to compensation elements, which may be covered by a civil act through special elements of the pension that are not necessarily linked to loss of earnings.<\/p>\n<p>It is an offence to make a false statement in connection with an application for an Army pension.\u00a0 It may be recovered as a civil debt. Army pensions may not be assigned or taken in the enforcement of any judgment.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Pensions\"><\/span>Pensions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Certain persons who were convicted of a crime or offence requiring a serving term of imprisonment of a certain duration forfeit the pension on conviction.\u00a0 The Minister has the discretion to restore the pension. The provision was found unconstitutional.<\/p>\n<p>As a condition of certain pensions, the person submits themselves to medical examination as required.\u00a0 The pension may terminate if the person refuses to comply with the conditions.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Negligence\"><\/span>Negligence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>At one time, the State was entirely immune from liability.\u00a0 This was found unconstitutional in the 1970&#8217;s.\u00a0 In the late 1980s, the Irish courts confirmed that members of the Defence Force were owed a duty of care and could sue the Minister for Defence for breach.<\/p>\n<p>The courts have held that the Department and superiors are liable to take such care for the safety of the solider as is reasonable in the circumstances of the relationship and the activity in which they are engaged.<\/p>\n<p>The circumstances of active service may involve an unavoidable risk of death or serious injury.\u00a0 Although certain aspects of military service may involve unavoidable risk of death or serious injury, decisions may be made in the agony of the moment.\u00a0 Mere proof of error is not sufficient to establish negligence.<\/p>\n<p>Swift decisions made in the agony of the moment will not readily be condemned as negligent with the benefit of hindsight.\u00a0 The courts will be very reluctant to second-guess the actions of commanders involved in difficult and escalating situations of a military nature.<\/p>\n<p>The duties owed by commanders to soldiers are not specified in regulations.\u00a0 The duties of soldiers to obey lawful orders and in respect of disciplines are prescribed.\u00a0 Duties of care may be inferred from practice, training circulars and instructions.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Army_Deafness\"><\/span>Army Deafness<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In the so-called army deafness cases, the issue of rules, circulars and instructions dealing with hearing protection was significant in the context of framing the duty owed. There were good practical reasons in many cases for the absence of hearing equipment, such as attendance to verbal orders and communications. The courts held in numerous cases that there had been a breach of duty of care.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Health_Safety_Welfare_at_Work\"><\/span>Health Safety &amp; Welfare at Work<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Health, Safety and Welfare of Work Act applies to the Defence Forces.\u00a0 However, the Minister may, by regulations, make certain activities exempt where compliance is unnecessary and impracticable.<\/p>\n<p>There are exemptions of the generally applicable regulations in relation to members of the Defence Forces on active service engaged in operational duties.\u00a0 In aid of the civil power or in training activities associated with the above.<\/p>\n<p><!--nextpage--><\/p>\n<h2>ARMY PENSIONS ACT, 1923.<\/h2>\n<p>AN ACT TO PROVIDE FOR THE PAYMENT OF WOUND PENSIONS TO WOUNDED MEMBERS OF OGLAIGH NA HEIREANN, INCLUDING THE ARMY AND THE IRISH VOLUNTEERS AND ALSO OF THE IRISH CITIZEN ARMY, 1916, AND FOR THE PAYMENT OF ALLOWANCES AND GRATUITIES TO THE WIDOWS, CHILDREN AND DEPENDANTS OF DECEASED MEMBERS OF OGLAIGH NA HEIREANN, INCLUDING THE ARMY AND THE IRISH VOLUNTEERS, AND ALSO OF THE IRISH CITIZEN ARMY, 1916, AND FOR OTHER PURPOSES CONNECTED THEREWITH. [24th July, 1923.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS OF SAORST\u00c1T EIREANN AS FOLLOWS:\u2014<\/p>\n<p>Wounded officers and soldiers may be granted wound pensions.<\/p>\n<p>1.\u2014(1) Every officer and every soldier who is discharged from the forces as medically unfit for further service and who is suffering from any of the disablements mentioned in the first column of the First Schedule of this Act may, if such disablement is due to a wound received on or after the 1st day of April, 1922, be granted, subject to the provisions of this Act, a wound pension at the rate mentioned in the appropriate column of the said First Schedule opposite to the degree of his disablement mentioned in the first column of that Schedule.<\/p>\n<p>(2) Every officer and every soldier who is discharged from the forces as medically unfit for further service and who is suffering from any disablement not mentioned in the first column of the First Schedule to this Act may, if such disablement is due to a wound received on or after the 1st day of April, 1922, be granted, subject to the provisions of this Act, a wound pension at the rate mentioned in the appropriate column of the said First Schedule opposite the degree of disablement mentioned in the said first column of that Schedule which most closely corresponds to the disablement from which such officer or soldier is suffering as aforesaid.<\/p>\n<p>(3) Every officer and soldier who is discharged from the forces as medically unfit for further service, and who is suffering from a disablement, due to a wound received on or after the 1st day of April, 1922, but less in degree than any of the disablements mentioned in the first column of the First Schedule to this Act, may be granted a gratuity of such amount, not exceeding, in the case of an officer \u00a3100, or in the case of a soldier \u00a360, as the Minister, having regard to all the circumstances of such officer or soldier, shall, with the consent of the Minister for Finance, determine.<\/p>\n<p>(4) This section applies to officers and soldiers who were so discharged as aforesaid before the passing of this Act as well as to officers and soldiers who shall be so discharged after the passing of this Act.<\/p>\n<p>Extra pensions to married men.<\/p>\n<p>2.\u2014(1) Whenever and so long as any officer or soldier to whom a wound pension is granted under this Act is a married man, a further pension at a rate not exceeding the rate mentioned in the appropriate column of the First Schedule to this Act opposite the rate of wound pension of which such officer or soldier is for the time being in receipt, may be granted to such officer or soldier during the continuance of his wound pension.<\/p>\n<p>(2) An officer or soldier shall not be considered to be a married man for the purposes of this section unless he was married before the day on which he received his wound, and he shall be considered to cease to be a married man for the purpose of this section on the death of his wife or the lawful annulment or dissolution of his marriage save that an officer or soldier shall be deemed to continue to be a married man for the purposes of this section for so long after the death of his wife or the dissolution or annulment of his marriage as he has any child living who in the case of an officer is a son under the age of 18 or a daughter under the age of 21, or in the case of a soldier is a son under the age of 16 or a daughter under the age of 18.<\/p>\n<p>(3) The further pension granted to an officer or soldier under this section may, if and whenever and for so long as the Minister so directs, in lieu of being paid to such officer or soldier be paid to his wife or applied for the maintenance, education or benefit of his child or of all or any of his children.<\/p>\n<p>Certain other persons may be granted wound pensions.<\/p>\n<p>3.\u2014(1) If the Minister certifies that any person who is suffering from any disablement due to a wound received before the 1st day of April, 1922, was at the time at which he received such wound a member of the Irish Volunteers or of the Irish Citizen Army and received such wound while performing his duty as such member, such person may be granted the like wound pension or gratuity and, if a married man, the like further pension as he would be entitled to under this Act if he had received such wound after the 1st day of April, 1922, and was an officer or a soldier discharged from the forces as medically unfit for further service.<\/p>\n<p>(2) For the purpose of determining the rate of the wound pension and further pension (if any) or the amount of the gratuity to be granted to any person under this section such person shall be deemed to have held the rank in the forces which shall be certified by the Minister to correspond most closely to the rank held by such person in the Irish Volunteers or the Irish Citizen Army (as the case may be): Provided, however, that all such persons who received a wound in the rising of April and May, 1916, shall be deemed to rank as officers.<\/p>\n<p>Date on which wound pension is to commence.<\/p>\n<p>4.\u2014(1) Save as is otherwise provided in this section a wound pension shall commence on the date on which the officer or soldier to whom the same is granted was discharged from the forces.<\/p>\n<p>(2) Where an officer or soldier was discharged from the forces before the passing of this Act and has since his discharge been in receipt of any allowance from the Minister whether for himself or his dependants, the wound pension payable to such officer or soldier shall commence on the date on which such allowance has ceased or shall cease.<\/p>\n<p>(3) Any wound pension granted to a person who was wounded before the 1st day of April, 1922, shall commence on the 1st day of April, 1922, unless such person became a member of the forces and was discharged therefrom after the 1st day of April, 1922, in which case the pension shall commence from the date of his discharge from the forces.<\/p>\n<p>Supply of medical appliances and provision of vocational training.<\/p>\n<p>5.\u2014(1) The Minister may from time to time supply with the consent of the Minister for Finance to any officer or soldier to whom a wound pension (whether temporary or permanent) has been granted under this Act such artificial limbs, crutches, special boots and other similar appliances as his case may require and may provide for the repair and renewal of any such appliances.<\/p>\n<p>(2) The Minister may with the consent of the Minister for Finance provide for any officer or soldier to whom a wound pension (whether temporary or permanent) has been granted under this Act such vocational training either free of charge or at a reduced charge as such officer or soldier shall apply for and the Minister shall consider suitable to his case.<\/p>\n<p>Minister to make Regulations in respect of wound pensions.<\/p>\n<p>6.\u2014(1) The Minister may from time to time make Regulations for the medical examination and periodical re-examination of officers and soldiers who are or claim to be entitled to wound pensions under this Act.<\/p>\n<p>(2) The Regulations made under this section shall provide that unless and until the disablement has reached its final condition no final grant of a wound pension shall be made to any officer or soldier within two years after the first grant of a wound pension to such officer or soldier.<\/p>\n<p>Allowances may be granted to dependants of deceased officers and soldiers.<\/p>\n<p>7.\u2014(1) The allowances and gratuities respectively specified in the second and third schedules to this Act may be granted to the widow, children, dependants and partial dependants of any officer or soldier\u2014<\/p>\n<p>(a) who has been or shall be killed on or after the 1st day of April, 1922, in the course of his duty while on active service, provided the death of the officer or soldier was not due to any serious negligence or misconduct by such office or soldier; or<\/p>\n<p>(b) who has or shall have received a wound on or after the 1st day of April 1922 and has or shall have died within three years after having received such wound, provided the death of the officer or soldier was solely due to such wound.<\/p>\n<p>(2) Every allowance granted under this section shall commence from the date of the death of the deceased officer or soldier in respect of whom the same is payable or from such later date as the Minister shall in any particular case appoint.<\/p>\n<p>(3) No person to whom an allowance is granted under this section shall, during the continuance of that allowance, be granted any other allowance under this or any other section of this Act.<\/p>\n<p>Allowances may be granted to dependants of certain other deceased persons.<\/p>\n<p>8.\u2014(1) If the Minister certifies that any person who was killed before the 1st day of April, 1922, or who has received a wound before the 1st day of April, 1922, and has or shall have died within three years after having received such wound, was at the time he was killed or received such wound a member of the Irish Volunteers or of the Irish Citizen Army and was killed or received such wound while performing his duty as such member, and if either the killing of such person was not due to any serious negligence or misconduct on his part, or his death was solely due to such wound as the case may be, the like allowances and gratuities may be granted to the widow, children, dependants or partial dependants of such person as could have been granted to them if such person was an officer or soldier of the forces and had been killed or had received the wound on or after the 1st day of April, 1922.<\/p>\n<p>(2) For the purpose of determining the date on which any allowance under this section is to commence, the person in respect of whom the same is payable shall, if he was killed, be deemed to have been killed on the 1st day of April, 1922, and if he died before the 1st day of April, 1922, consequent on a wound be deemed to have died on the 1st day of April, 1922.<\/p>\n<p>(3) For the purpose of determining the amount of any allowance which may be granted under this section, the deceased person in respect of whom the same is granted shall be deemed to have held in the forces the rank which shall be certified by the Minister to correspond most closely to the rank held by such person in the Irish Volunteers or the Irish Citizen Army (as the case may be): Provided, however, that all such persons killed during the rising of April and May, 1916, shall be deemed to rank as officers.<\/p>\n<p>(4) In this section the word \u201ckilled\u201d shall include death as an immediate result of refusing to take nourishment while detained in prison, and death by violence while a prisoner.<\/p>\n<p>Mode of granting pensions, etc.<\/p>\n<p>9.\u2014Every pension, allowance and gratuity which may be granted under this Act shall be granted by the Minister with the consent of the Minister for Finance.<\/p>\n<p>Prohibition of assignment of pensions and allowances.<\/p>\n<p>10.\u2014(1) Every assignment of and every charge on and every agreement to assign or charge any pension, allowance or gratuity under this Act shall, except so far as the same is authorised by an Act for the time being in force, be void.<\/p>\n<p>(2) No pension, allowance or gratuity granted under this Act shall be capable of being taken in execution or otherwise alienated by process of law for the payment of any debts or liabilities of the officer, soldier or person to whom such pension, allowance or gratuity is granted under this Act.<\/p>\n<p>(3) Nothing in this section shall prevent the deduction from any pension, allowance or gratuity payable under this Act of any moneys which may be due or owing to the Minister by the person to whom such pension, allowance or gratuity is payable.<\/p>\n<p>Forfeiture of pensions and allowances.<\/p>\n<p>11.\u2014(1) If any officer or soldier to whom a wound pension has been granted under this Act is, during the continuance of such pension, convicted of any crime or offence by a Court of competent jurisdiction in Saorst\u00e1t Eireann and is sentenced by that Court for that crime or offence to imprisonment with or without hard labour for any term exceeding three months or to penal servitude for any term, the wound pension granted to such officer or soldier, and also any further pension granted to him on account of his being a married man, shall be forfeited as from the date of such conviction.<\/p>\n<p>(2) If any person to whom an allowance has been granted under this Act is, during the continuance of such allowance, convicted of any crime or offence by a Court of competent jurisdiction in Saorst\u00e1t Eireann and is sentenced by that Court for that crime or offence to imprisonment with or without hard labour for any term exceeding one month or to penal servitude for any term, the allowance granted to such person shall be forfeited as from the date of such conviction.<\/p>\n<p>(3) If any such conviction and sentence as is mentioned in this Section is quashed or annulled, the forfeiture of a pension or allowance consequent on such conviction and sentence shall be quashed and annulled also.<\/p>\n<p>(4) If any person to whom any pension, allowance or continuing gratuity has been granted under this Act is guilty of any disgraceful conduct during the continuance of such pension, allowance or gratuity, the Minister may if in his opinion the circumstances of the case warrant his so doing, terminate the pension, allowance or gratuity granted to such person.<\/p>\n<p>Summary penalty for false declaration.<\/p>\n<p>12.\u2014(1) If any person with a view to obtaining a grant or payment of a pension, allowance or gratuity under this Act makes signs or uses any declaration, application or other written statement knowing the same to be false, such person shall be guilty of an offence and shall be liable, on conviction under the Summary Jurisdiction Acts, to a fine not exceeding five pounds.<\/p>\n<p>(2) For the purpose of proceedings in respect of any such offence as is mentioned in this section, the offence shall be deemed to have been committed either at the place where it was actually committed or at the place where the offender may happen to be.<\/p>\n<p>(3) Any declaration, application or other written statement on an appropriate official form bearing stamp purporting to be an office stamp of the Ministry of Defence or any sub-department thereof, or any Government Department concerned in the grant or payment of a pension, allowance or gratuity with a date subsequent to that on which the declaration, application or statement purports to have been made or signed shall, unless the contrary is proved, be evidence that the declaration, application or statement was made, signed or used with a view to obtaining a grant or payment of a pension, allowance or gratuity under this Act.<\/p>\n<p>Exclusion of cases otherwise compensated.<\/p>\n<p>13.\u2014(1) No pension, allowance or gratuity shall be payable under this Act to or in respect of any officer or soldier on account of any wound or death which has been the subject of a decree for compensation under the Criminal Injuries (Ireland) Acts, 1919 and 1920, or either of those Acts.<\/p>\n<p>(2) Any compensation which may be received from or on behalf of the person alleged to be responsible for the act which caused the wounding or death of an officer or soldier may be taken into consideration in fixing the amount of any pension, allowance or gratuity which might be awarded under this Act to or in respect of such officer or soldier.<\/p>\n<p>No pension receivable until money voted by Oireachtas.<\/p>\n<p>14.\u2014No officer, soldier or other person shall be entitled to receive any wound or other pension or any allowance or gratuity under this Act unless money for the payment of such pension, allowance or gratuity shall have been voted by the Oireachtas.<\/p>\n<p>Regulations to be laid before the Oireachtas.<\/p>\n<p>15.\u2014All Regulations made by the Minister under this Act shall, immediately upon the same being made, be laid before both Houses of the Oireachtas, and if each House shall within twenty-one days on which either House has sat next after such Regulations were laid before it, pass a Resolution annulling such Regulations, such Regulations shall be annulled but without prejudice to the validity of any matter or thing done under such Regulations previous to the annulment thereof.<\/p>\n<p>Definitions.<\/p>\n<p>16.\u2014In this Act unless the context otherwise requires\u2014<\/p>\n<p>The expression \u201cthe forces\u201d means any armed force under the control of the Minister for Defence the members of which by the terms of their commission, agreement, enlistment, enrolment, contract or otherwise in any way whatever are for the time being liable to render service continuously for a period to Saorst\u00e1t Eireann;<\/p>\n<p>The expression \u201con active service\u201d as applied to an officer or soldier means whenever such officer or soldier is attached to or forms part of a force which is engaged in operations against the enemy or is engaged in military operations in a place wholly or partly occupied by the enemy, and in this definition the word \u201cenemy\u201d includes all armed mutineers, armed rebels, armed rioters and pirates;<\/p>\n<p>The word \u201cofficer\u201d means any officer attached to or serving with the forces and includes any officer in pay as an officer of the forces;<\/p>\n<p>The word \u201csoldier\u201d includes any non-commissioned officer, acting non-commissioned officer or soldier of the forces;<\/p>\n<p>The word \u201cwound\u201d means any wound or injury received by an officer or soldier in the course of his duty while on active service, but does not include any injury due to the serious negligence or misconduct of the officer or soldier;<\/p>\n<p>The word \u201cdisablement\u201d includes partial disablement as well as total disablement;<\/p>\n<p>The word \u201cMinister\u201d means the Minister for Defence.<\/p>\n<p>Short Title.<\/p>\n<p>17.\u2014This Act may be cited as the Army Pensions Act, 1923.<\/p>\n<p>FIRST SCHEDULE.<\/p>\n<p>Scale of Wound Pensions.<\/p>\n<p>Degree of disablement<\/p>\n<p>Specific injury<\/p>\n<p>Proportion corresponding to degree of disablement<\/p>\n<p>Wound pension payable to officer<\/p>\n<p>Wound pension payable to non-commissioned officers and men<\/p>\n<p>Further pension payable to married officers<\/p>\n<p>Further pension payable to married non-commissioned officers and men<\/p>\n<p>per cent.<\/p>\n<p>\u00a3 per annum<\/p>\n<p>s. per week<\/p>\n<p>s. per week<\/p>\n<p>s. per week<\/p>\n<p>1<\/p>\n<p>Loss of two or more limbs<\/p>\n<p>100<\/p>\n<p>200<\/p>\n<p>42<\/p>\n<p>15<\/p>\n<p>10<\/p>\n<p>Loss of both hands or of all fingers and thumbs<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u2014<\/p>\n<p>\u2014<\/p>\n<p>Total loss of sight<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u2014<\/p>\n<p>\u2014<\/p>\n<p>Wounds, injuries, or results of them, resulting in a disabled man being totally bedridden<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u2014<\/p>\n<p>\u2014<\/p>\n<p>Wounds of or injuries to internal, thoracic, or abdominal organs involving total permanent disablement<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u2014<\/p>\n<p>\u2014<\/p>\n<p>Total organic paralysis resulting from wounds or injuries to brain or spinal cord<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u2014<\/p>\n<p>\u2014<\/p>\n<p>2<\/p>\n<p>Loss of an arm and one eye<\/p>\n<p>90<\/p>\n<p>180<\/p>\n<p>37\/9<\/p>\n<p>13\/6<\/p>\n<p>9<\/p>\n<p>Loss of a leg and one eye<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u2014<\/p>\n<p>\u2014<\/p>\n<p>Loss of a hand and a foot<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u2014<\/p>\n<p>\u2014<\/p>\n<p>Loss of one arm through shoulder<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u2014<\/p>\n<p>\u2014<\/p>\n<p>3<\/p>\n<p>Loss of both feet<\/p>\n<p>80<\/p>\n<p>160<\/p>\n<p>33\/7<\/p>\n<p>12<\/p>\n<p>8<\/p>\n<p>Amputation of leg at hip or below hip, with stump not exceeding 5 inches in length measured from tip of great trochanter; of right arm below shoulder, with stump not exceeding 6 inches measured from tip of acromion; or of left arm through shoulder<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u2014<\/p>\n<p>\u2014<\/p>\n<p>\u2014<\/p>\n<p>4<\/p>\n<p>Lisfranc operation both feet<\/p>\n<p>70\u201380<\/p>\n<p>140\u2013160<\/p>\n<p>29\/4\u201333\/7<\/p>\n<p>10\/6\u201312<\/p>\n<p>7\u20138<\/p>\n<p>5<\/p>\n<p>Amputation of leg below hip, with stump exceeding 5 inches in length measured from tip of great trochanter, but not below middle thigh; of left arm below shoulder, with stump not exceeding 6 inches measured from tip of acromion; or of right arm below shoulder, with stump, exceeding 6 inches, measured from tip of acromion, through elbow, or below elbow, with stump not exceeding 5 inches measured from tip of olecranon<\/p>\n<p>70<\/p>\n<p>140<\/p>\n<p>29\/4<\/p>\n<p>10\/6<\/p>\n<p>7<\/p>\n<p>6<\/p>\n<p>Amputation of leg below middle thigh, through knee, or below knee with stump not exceeding 4 inches; of left arm below shoulder, with stump exceeding six inches measured from tip of acromion, through elbow, or below elbow, with stump not exceeding five inches measured from tip of olecranon; or of right arm below elbow, with stump exceeding five inches measured from tip of olecranon<\/p>\n<p>60<\/p>\n<p>120<\/p>\n<p>25\/2<\/p>\n<p>9<\/p>\n<p>6<\/p>\n<p>7<\/p>\n<p>Amputation of leg below knee, with stump exceeding four inches; or of left arm below elbow, with stump exceeding 5 inches measured from tip of olecranon<\/p>\n<p>50<\/p>\n<p>100<\/p>\n<p>21<\/p>\n<p>7\/6<\/p>\n<p>5<\/p>\n<p>8<\/p>\n<p>Loss of one eye, the result of G.S.W. or injury<\/p>\n<p>40<\/p>\n<p>80<\/p>\n<p>16\/9<\/p>\n<p>6<\/p>\n<p>4<\/p>\n<p>Loss of thumb or of four fingers of right hand<\/p>\n<p>40<\/p>\n<p>80<\/p>\n<p>16\/9<\/p>\n<p>6<\/p>\n<p>4<\/p>\n<p>Loss of thumb or of four fingers of left hand, or three fingers of right hand<\/p>\n<p>30<\/p>\n<p>60<\/p>\n<p>12\/7<\/p>\n<p>4\/6<\/p>\n<p>3<\/p>\n<p>Lisfranc operation, one foot<\/p>\n<p>30<\/p>\n<p>60<\/p>\n<p>12\/7<\/p>\n<p>4\/6<\/p>\n<p>3<\/p>\n<p>Loss of two fingers, either hand<\/p>\n<p>20<\/p>\n<p>40<\/p>\n<p>8\/4<\/p>\n<p>3<\/p>\n<p>2<\/p>\n<p>Loss of all toes of one foot<\/p>\n<p>20<\/p>\n<p>40<\/p>\n<p>8\/4<\/p>\n<p>3<\/p>\n<p>2<\/p>\n<p>Loss of all toes, both feet<\/p>\n<p>20<\/p>\n<p>40<\/p>\n<p>8\/4<\/p>\n<p>3<\/p>\n<p>2<\/p>\n<p>Note.\u2014In the case of left-handed men certified to be such, the compensation in respect of the left arm, hands, etc., will be the same as for a right arm, hand, etc., and vice versa.<\/p>\n<p>SECOND SCHEDULE.<\/p>\n<p>Allowances for Dependants of Officers.<\/p>\n<p>1 Widow<\/p>\n<p>\u00a390 per annum during widowhood, and a gratuity of \u00a3120 on firs re-marriage.<\/p>\n<p>2 Each son under the age of 18<\/p>\n<p>(a) While mother is living, \u00a324 per annum.<\/p>\n<p>(b) After death of mother, \u00a340 per annum.<\/p>\n<p>3 Each daughter under the age of 21<\/p>\n<p>(a) While mother is living, \u00a324 per annum.<\/p>\n<p>(b) After death of mother, \u00a340 per annum<\/p>\n<p>4 Each child of or over the age of 12 and under the age of 18.<\/p>\n<p>Repayment of amount proved to have been in fact necessarily and properly expended in educational fees, but not exceeding \u00a335 in any one calendar year.<\/p>\n<p>5 (a) Mother<\/p>\n<p>(b) Father over 60 years of age or incapacitated by ill-health.<\/p>\n<p>(c) Permanently invalided brother or sister.<\/p>\n<p>(d) Grandparents.<\/p>\n<p>One allowance at the rate of \u00a31 per week. If there are two or more such dependants, only one allowance shall be payable to such one of the dependants as the Minister for Defence shall direct.<\/p>\n<p>6 Each brother under the age of 18, and each sister under the age of 21.<\/p>\n<p>An allowance of 7s. 6d. per week, but the total allowances under this section shall not in the case of any one officer exceed \u00a31 per week, and no allowance shall be payable under this section in any case in which any allowance is payable under any of the foregoing sections.<\/p>\n<p>7. Where an officer leaves orphan children in the care of any of the persons mentioned in Section 5 of this schedule who is dependent on him, the total allowances payable in respect of such person and such children (other than the allowance, if any, payable under Section 4) shall not exceed the total allowances which, if the officer had left a widow, would have been payable under sections 1 and 2 during the widowhood of such widow.<\/p>\n<p>8. No allowance shall be payable to any person under the foregoing provisions of this Schedule unless such person was, at the date of the death of the officer in respect of whom such allowance is claimed, wholly dependent on such officer.<\/p>\n<p>9. Where an officer leaves persons partially dependent on him, such persons shall not be granted any allowances, but in necessitous cases or other special circumstances a gratuity or gratuities may be granted to all or any such partial dependants. The total amount of the gratuities granted under this section in respect of any one officer shall not exceed the sum of \u00a3150.<\/p>\n<p>10. Whenever any dependant was wholly or partially dependent on more than one deceased person, such dependant shall not receive, in respect of such deceased person, allowances or gratuities exceeding in the whole the maximum allowance which could be granted to such dependant under this Schedule in respect of any one of such deceased persons. In this clause the expression \u201cdeceased person\u201d includes a deceased officer as well as a deceased soldier.<\/p>\n<p>THIRD SCHEDULE.<\/p>\n<p>Allowances for Dependants of Soldiers.<\/p>\n<p>1 Widow<\/p>\n<p>17s. 6d. per week during widowhood, and a gratuity of \u00a345 10s. 0d. on first re-marriage.<\/p>\n<p>2 Children who are in the case of sons under the age of 16, or in the case of daughters under the age of 18.<\/p>\n<p>(a) While mother is living, 5s. per week for the first child and 3s. 6d. per week for each other child.<\/p>\n<p>(b) After the death of mother, 8s. 6d. per week for each child.<\/p>\n<p>3 Each child of or over the age of 12 and under the age of 18.<\/p>\n<p>Repayment of amount proved to have been in fact necessarily and properly expended in educational fees, but not exceeding \u00a335, in any one calendar year, where evidence to the satisfaction of the Minister is produced that the child of a soldier would benefit by education of a more advanced nature than that provided in Primary Schools, and would appear to have been deprived of such education owing to the death of his (or her) father.<\/p>\n<p>4 (a) Mother<\/p>\n<p>(b) Father over 60 years of age or incapacitated by ill health.<\/p>\n<p>(c) Permanently invalided brother or sister.<\/p>\n<p>(d) Grandparents.<\/p>\n<p>One allowance at the rate of 15s. per week. If there are two or more such dependants only one allowance shall be payable, and such allowance shall be paid to such one of the dependants as the Minister for Defence shall direct.<\/p>\n<p>5 Each brother under the age of 16 and each sister under the age of 18.<\/p>\n<p>Allowance of 5s. per week; but the total allowances under this section shall not in the case of any one soldier exceed 15s. per week. No allowance shall be payable under this section in any case in which any allowance is payable under any of the foregoing sections.<\/p>\n<p>6. Where a soldier leaves orphan children in the care of a person mentioned in section 4 of this schedule who is dependent on him, the total allowances payable in respect of such person and such children shall not exceed the total allowances which, if the soldier had left a widow, would have been payable under sections 1 and 2 during the widowhood of such widow.<\/p>\n<p>7. No allowance shall be payable to any person under the foregoing provisions of this Schedule unless such person was, at the date of the death of the soldier in respect of whom such allowance is claimed, wholly dependent on such soldier.<\/p>\n<p>8. Where a soldier leaves persons partially dependent on him, such persons shall not be granted any allowance, but in necessitous cases or other special circumstances a gratuity or gratuities may be granted to all or any such partial dependants. The total amount of the gratuities granted under this section in respect of any one soldier shall not exceed the sum of \u00a3100.<\/p>\n<p>9. Whenever any dependant was wholly or partially dependent on more than one deceased person, such dependant shall not receive, in respect of such deceased person, allowances or gratuities exceeding in the whole the maximum allowance which could be granted to such dependant under this Schedule in respect of any one of such deceased persons. In this clause the expression \u201cdeceased person\u201d includes a deceased officer as well as a deceased soldier.<\/p>\n<p>&nbsp;<\/p>\n<h2>MILITARY SERVICE PENSIONS ACT, 1924.<\/h2>\n<p>AN ACT TO PROVIDE FOR THE PAYMENT OF MILITARY SERVICE PENSIONS TO CERTAIN MEMBERS AND FORMER MEMBERS OF THE NATIONAL FORCES AND THE DEFENCE FORCES OF SAORST\u00c1T EIREANN. [5th August, 1924.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS OF SAORST\u00c1T EIREANN AS FOLLOWS:\u2014<\/p>\n<p>Definitions.<\/p>\n<p>1.\u2014In this Act\u2014<\/p>\n<p>the expression \u201cmilitary service\u201d means active service in any rank, whether as an officer, non-commissioned officer, private or volunteer in any of the following forces, that is to say\u2014\u201cOglaigh na hEireann\u201d or the military body known as the \u201cIrish Volunteers\u201d or the military body known as the \u201cIrish Citizen Army\u201d or the body known as \u201cFianna Eireann\u201d or the body known as the \u201cHibernian Rifles\u201d or the \u201cNational Forces\u201d or the \u201cDefence Forces of Saorst\u00e1t Eireann\u201d or any branch of any of those forces. For the purposes of this Act service as a member of the Irish Volunteer Executive or of the Headquarters Staff of Oglaigh na hEireann or in the Intelligence Branch of any of the said military forces or bodies, or in the Intelligence Service carried on under the authority of the First D\u00e1il Eireann or of the Second D\u00e1il Eireann, shall be deemed to be military service in Oglaigh na hEireann or in the Irish Volunteers, as the case may be;<\/p>\n<p>the expression \u201cNational Forces\u201d means and includes all armed forces maintained by the Provisional Government or the Government of Saorst\u00e1t Eireann;<\/p>\n<p>the expression \u201cDefence Forces of Saorst\u00e1t Eireann\u201d means the Forces to be established pursuant to Part I. of the Defence Forces (Temporary Provisions) Act, 1923;<\/p>\n<p>the expression \u201cCertificate of Military Service\u201d shall mean a certificate in the prescribed form granted under this Act;<\/p>\n<p>the expression \u201cMilitary Service Pension\u201d shall mean a pension granted under the powers contained in this Act;<\/p>\n<p>the word \u201cMinister\u201d shall mean the Minister for Defence;<\/p>\n<p>the word \u201cprescribed\u201d shall mean prescribed by any rules or regulations made under this Act.<\/p>\n<p>Application for certificate of military service.<\/p>\n<p>2.\u2014(1) Any person to whom this Act applies may within the prescribed period apply in the prescribed form to the Minister, and the Minister may grant to him, subject to the provisions of this Act, a certificate of military service.<\/p>\n<p>(2) The Minister shall refer every such application for a certificate of military service to a board of assessors appointed under this Act to hear all such applications and shall before granting any such certificate take into consideration the report made by the board of assessors and, subject to the provisions of this Act, shall grant or refuse a certificate of military service in accordance with such report.<\/p>\n<p>(3) The Minister may in his absolute discretion refuse to issue a certificate of military service to any applicant who shall have, prior to the making of the report by the board of assessors, been sentenced by a court of competent jurisdiction in Saorst\u00e1t Eireann to suffer imprisonment with or without hard labour for any term exceeding three months or any term of penal servitude.<\/p>\n<p>(4) This Act applies to every person who\u2014<\/p>\n<p>(a) at any time subsequent to the 1st day of July, 1922, and prior to the 1st day of October, 1923, was serving in the National Forces or the Defence Forces of Saorst\u00e1t Eireann, and<\/p>\n<p>(b) has rendered military service in Oglaigh na hEireann or in the Irish Volunteers or in the Irish Citizen Army or in Fianna Eireann or in the Hibernian Rifles during the week commencing the 23rd April, 1916, or throughout either of the periods specified in (e) and (f) of clause 1 of the First Schedule to this Act.<\/p>\n<p>Board of assessors.<\/p>\n<p>3.\u2014(1) A board of assessors (in this Act referred to as \u201cthe board of assessors\u201d) shall be constituted under this Act and shall consist of three members who shall be appointed by the Minister with the approval of the Executive Council and one of whom shall be a person who at the date of his appointment is a Judge of the Supreme Court, High Court, Circuit Court, or District Court of Saorst\u00e1t Eireann or is a practising barrister of not less than ten years standing.<\/p>\n<p>(2) The board of assessors shall examine every application for a certificate of military service referred to them by the Minister, and they shall for that purpose make all such enquiries, summon all such witnesses, and take all such evidence, whether on oath or otherwise, as may appear to them necessary or proper for the purpose of making a report to the Minister as to the military service of the applicant.<\/p>\n<p>(3) Every report as to military service of any applicant for a certificate of military service shall contain findings upon the following matters, that is to say:\u2014<\/p>\n<p>(a) the military service of such applicant in Oglaigh na hEireann or in the Irish Volunteers or in the Irish Citizen Army or in Fianna Eireann or in the Hibernian Rifles; and<\/p>\n<p>(b) the military service of such applicant in the National Forces or the Defence Forces of Saorst\u00e1t Eireann; and<\/p>\n<p>(c) the period of the service of such applicant in each such force or body as aforesaid.<\/p>\n<p>(4) Every report made by the board of assessors as to the military service of any applicant for a certificate of military service shall be in the prescribed form.<\/p>\n<p>(5) The onus of proof shall rest on the applicant for a certificate of military service, and he shall be at liberty to offer such evidence as may be necessary to enable him to discharge such onus.<\/p>\n<p>(6) The findings of the board of assessors set out in their report shall in all cases be final and conclusive and binding upon the applicant, provided however that the board may at any time re-open any or all of their findings at the request of the Minister on the ground that evidence not available prior to the making of their report had since become available, and upon hearing such additional evidence the board of assessors may amend their report and alter or discharge any findings therein as may seem to them just having regard to such further evidence.<\/p>\n<p>Grant of of pensions.<\/p>\n<p>4.\u2014(1) The Minister may with the sanction of the Minister for Finance and subject to the provisions of this Act grant to any person to whom the Minister shall have granted a certificate of military service under this Act a military service pension commencing as from the first day of October, 1924, or the day of his discharge from the National Forces or the Defence Forces of Saorst\u00e1t Eireann whichever of those days shall be the later, provided however that no person shall receive any such military service pension unless money for the payment of such military service pension shall have been voted by the Oireachtas.<\/p>\n<p>(2) For the purpose of calculating the amount of military service pension which any holder of a certificate of military service under this Act shall receive the military service of such person as found by the board of assessors and set out in his certificate of military service shall be reckoned as the equivalent of the respective periods of years of military service respectivly specified in the second column of the First Schedule to this Act, and the total number of years of military service in respect of which any such pension shall be granted shall be calculated in the manner set forth in the said First Schedule and the Second Schedule to this Act.<\/p>\n<p>(3) Every military service pension shall be based upon the rank of the applicant at the time of his discharge from the National Forces or from the Defence Forces of Saorst\u00e1t Eireann or the rank held by him on the 1st day of February, 1924, whichever of those ranks shall be the higher and shall be calculated in each case according to the rules set out in the Second Schedule to this Act.<\/p>\n<p>Prohibition of assignment, etc., of pensions.<\/p>\n<p>5.\u2014(1) Every assignment of and every charge on and every agreement to assign or charge any military service pension under this Act shall, except so far as the same is authorised by an Act for the time being in force, be null and void.<\/p>\n<p>(2) No military service pension granted under this Act shall be capable of being taken in execution or otherwise alienated by process of law for the payment of any debts or liabilities of the person to whom such pension is granted under this Act.<\/p>\n<p>(3) Nothing in this section shall prevent the deduction from any pension payable under this Act of any monies which may be due or owing to the Minister by the person to whom such pension is payable.<\/p>\n<p>Forfeiture of pensions.<\/p>\n<p>6.\u2014(1) If any person to whom a military service pension has been granted under this Act is, during the continuance of such pension, convicted of any crime or offence by a court of competent jurisdiction in Saorst\u00e1t Eireann and is sentenced by that court for that crime or offence to imprisonment with or without hard labour for any term exceeding three months, or to penal servitude for any term, the pension so granted to such person shall be forfeited as from the date of such conviction.<\/p>\n<p>(2) If any such conviction and sentence as aforesaid is quashed or annulled, the forfeiture of a pension consequent on such conviction and sentence shall be deemed to have been quashed and annulled also, and the military service pension shall be thereupon revived and payable together with all arrears thereof accruing since the date of such conviction.<\/p>\n<p>Offences.<\/p>\n<p>7.\u2014(1) If any person with a view to obtaining either for himself or any other person a grant or payment of a pension under this Act makes, signs, or uses any declaration, application or other written statement knowing the same to be false, 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 to imprisonment for a period not exceeding six months or at the discretion of the court to both such fine and imprisonment.<\/p>\n<p>(2) If any person so convicted as aforesaid is in receipt of a pension obtained by reason of such false declaration, application, or other written statement he shall forfeit such pension as from the date of such conviction.<\/p>\n<p>(3) For the purpose of proceedings in respect of any such offence as is mentioned in this section, the offence shall be deemed to have been committed either at the place where it was actually committed or at the place where the offender may happen to be.<\/p>\n<p>Prohibition of double pensions.<\/p>\n<p>8.\u2014(1) If any person to whom a military service pension is payable under this Act shall at any time during the continuance of such pension be in receipt of any remuneration, pension, or allowance payable out of public moneys, whether provided by the Oireachtas or out of the Central Fund or by means of the poor rate or any other rate imposed by a local authority, the military service pension payable to such person under this Act shall be suspended to an extent calculated according to the provisions contained in the Third Schedule to this Act while he is in receipt of such remuneration, pension, or allowance as aforesaid.<\/p>\n<p>(2) A person shall not be entitled to reckon the same period of time both for the purpose of a military service pension under this Act and also for the purpose of a superannuation allowance under the Superannuation Acts, 1834 to 1923, but any such person may if he so desires surrender his military service pension under this Act and reckon for the purpose of such superannuation allowance and in the manner specified in the First Schedule to this Act any period of time which but for this section he could have reckoned for both the purposes aforesaid.<\/p>\n<p>Regulations.<\/p>\n<p>9.\u2014(1) The Minister may make regulations under this Act prescribing all or any of the following matters, that is to say:\u2014<\/p>\n<p>(a) the form and time in and within which application shall be made to him for a certificate of military service;<\/p>\n<p>(b) the procedure on reference of such application to the board of assessors;<\/p>\n<p>(c) the form of and the manner in which every report of the board of assessors shall be furnished to the Minister;<\/p>\n<p>(d) any other matter or thing necessary for the purpose of carrying this Act into effect.<\/p>\n<p>(2) All regulations made by the Minister under this Act shall, immediately upon the same being made, be laid before each House of the Oireachtas, and if either House shall within twenty-one days on which such House has sat next after such regulations were laid before it, pass a resolution annulling such regulations, such regulations shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulations.<\/p>\n<p>Short title.<\/p>\n<p>10.\u2014This Act may be cited as the Military Service Pensions Act, 1924.<\/p>\n<p>FIRST SCHEDULE.<\/p>\n<p>Calculation of Military Service.<\/p>\n<p>1. The number of years of military service counting towards pension under this Act shall be computed as follows:\u2014<\/p>\n<p>Col. 1.<\/p>\n<p>Col. 2.<\/p>\n<p>(a) For continuous service from 1st April, 1916, to 31st March, 1917, provided that such service includes active service in the week commencing 23rd April, 1916<\/p>\n<p>5 years.<\/p>\n<p>(b) For continuous service from 1st April, 1917, to 31st March, 1918<\/p>\n<p>\u00bd year.<\/p>\n<p>(c) For continuous service from 1st April, 1918, to 31st March, 1919<\/p>\n<p>\u00bd year.<\/p>\n<p>(d) For continuous service from 1st April, 1919, to 31st March, 1920<\/p>\n<p>1 year.<\/p>\n<p>(e) For continuous service from 1st April, 1920, to 31st March, 1921<\/p>\n<p>2 years.<\/p>\n<p>(f) For continuous service from 1st April, 1921, to 11th July, 1921<\/p>\n<p>1 year.<\/p>\n<p>(g) For continuous service from 12th July, 1921, to 30th June, 1922<\/p>\n<p>1 year.<\/p>\n<p>(h) For continuous service from 1st July, 1922, to 31st March, 1923<\/p>\n<p>2 years.<\/p>\n<p>(i) For continuous service from 1st April, 1923, to 30th September, 1923<\/p>\n<p>1 year.<\/p>\n<p>2. For service rendered during any broken part of any period mentioned in column 1 of paragraph 1 of this Schedule there shall be added a corresponding proportion of the total equivalent for that period as set out in column 2 of the said paragraph.<\/p>\n<p>3. In regard to the year 1st April, 1916, to 31st March, 1917, the equivalent of active service in the week commencing 23rd April, 1916, shall be deemed to be four years, and the equivalent for the remainder of that year shall be deemed to be one year.<\/p>\n<p>4. The following circumstances shall not be deemed to constitute a breach in the continuity of service:\u2014<\/p>\n<p>(a) absence from duty following arrest, imprisonment, internment, or deportation under the Defence of the Realm Act, 1914, the Restoration of Order in Ireland Act, 1920, or any regulations made thereunder;<\/p>\n<p>(b) absence from duty following arrest, imprisonment or penal servitude in respect of sedition, treason or treason felony prior to 11th July, 1921;<\/p>\n<p>(c) absence from duty by reason of duties necessitating such absence undertaken at the instance or on behalf of the Cabinet of D\u00e1il Eireann or on behalf of the Provisional Government from 21st January, 1919, to 1st July, 1922.<\/p>\n<p>SECOND SCHEDULE.<\/p>\n<p>Calculation of Amount of Pension.<\/p>\n<p>There shall be payable to every applicant in respect of whom a certificate of military service has been issued\u2014<\/p>\n<p>(a) in the case of an applicant who, at the date of his discharge from the National Forces or from the Defence Forces of Saorst\u00e1t Eireann, was serving as a private or non-commissioned officer, a military service pension calculated at the rate of five pounds per annum in respect of each year or part of a year of military service as calculated for the purposes of this Act;<\/p>\n<p>(b) in the case of an applicant who, at the date of his discharge from the National Forces or from the Defence Forces of Saorst\u00e1t Eireann, was serving in a commissioned rank as second lieutenant, first lieutenant, or captain, a military service pension calculated at the rate of ten pounds per annum in respect of each year or part of a year of military service as calculated for the purposes of this Act;<\/p>\n<p>(c) in the case of an applicant who, at the date of his discharge from the National Forces or from the Defence Forces of Saorst\u00e1t Eireann, was serving as a commandant or major, a military service pension calculated at the rate of fifteen pounds per annum in respect of each year or part of a year of military service as calculated for the purposes of this Act;<\/p>\n<p>(d) in the case of an applicant who, at the date of his discharge from the National Forces or from the Defence Forces of Saorst\u00e1t Eireann, was serving as a colonel or major-general, a military service pension calculated at the rate of twenty pounds per annum in respect of each year or part of a year of military service as calculated for the purposes of this Act;<\/p>\n<p>(e) in the case of an applicant who, at the date of his discharge from the National Forces or from the Defence Forces of Saorst\u00e1t Eireann, was serving in a rank higher than that of major-general, a military service pension calculated at the rate of twenty-five pounds per annum in respect of each year or part of a year of military service as calculated for the purposes of this Act.<\/p>\n<p>For the purpose of this Schedule a person who was a member of the Irish Volunteer Executive or of the Headquarters Staff of Oglaigh na hEireann at any time prior to the 11th July, 1921, or who was a member of the Army Council or of the Defence Council at any time subsequent to the 1st July, 1922, and prior to the 1st October, 1923, shall be deemed to have been serving at the date of his discharge from the National Forces or the Defence Forces of Saorst\u00e1t Eireann in a rank higher than that of Major-General.<\/p>\n<p>For the purpose of this Schedule an officer of the Medical Services Branch of the National Forces or of the like Branch of the Defence Forces of Saorst\u00e1t Eireann shall be deemed to have held one of the ranks in those forces mentioned in the sub-paragraph of this Schedule immediately succeeding the sub-paragraph in which the rank actually held by him is mentioned.<\/p>\n<p>Where an applicant held on the 1st day of February, 1924, a rank in the National Forces or the Defence Forces of Saorst\u00e1t Eireann higher than the rank held by him in either of those Forces at the date of his discharge therefrom, the rank so held by him on the 1st day of February, 1924, shall for the purposes of this Schedule be substituted in his case for the rank held by him at the date of his discharge.<\/p>\n<p>THIRD SCHEDULE.<\/p>\n<p>Calculation of Suspension of Pensions.<\/p>\n<p>1. The extent to which payment of a pension shall be suspended under section 8 of this Act shall be as follows, that is to say:\u2014<\/p>\n<p>Where the annual amount of the remuneration, pension, or allowance payable out of public moneys is\u2014<\/p>\n<p>A.\u2014Less than \u00a3100<\/p>\n<p>5%<\/p>\n<p>B.\u2014Over \u00a3100 and not exceeding \u00a3150<\/p>\n<p>10%<\/p>\n<p>C.\u2014Over \u00a3150 and not exceeding \u00a3200<\/p>\n<p>20%<\/p>\n<p>D.\u2014Over \u00a3200 and not exceeding \u00a3250<\/p>\n<p>30%<\/p>\n<p>E.\u2014Over \u00a3250 and not exceeding \u00a3300<\/p>\n<p>40%<\/p>\n<p>F.\u2014Over \u00a3300 and not exceeding \u00a3350<\/p>\n<p>50%<\/p>\n<p>G.\u2014Over \u00a3350 and not exceeding \u00a3400<\/p>\n<p>60%<\/p>\n<p>H.\u2014Over \u00a3400 and not exceeding \u00a3450<\/p>\n<p>70%<\/p>\n<p>I.\u2014Over \u00a3450 and not exceeding \u00a3500<\/p>\n<p>80%<\/p>\n<p>J.\u2014Over \u00a3500 and not exceeding \u00a3550<\/p>\n<p>90%<\/p>\n<p>K.\u2014Over \u00a3550<\/p>\n<p>100%<\/p>\n<p>2. Where the total of the amounts payable to any person out of public moneys as aforesaid and the amount payable to such person under this Act within the limits specified at 1B, 1C, 1D, 1E, 1F, 1G, 1H, 1I, 1J, or 1K would under the terms of clause 1 of this Schedule be less than the amount which such person would receive if the amount payable to him out of public moneys as aforesaid was at the maximum of the limit immediately preceding, then and in every such case the extent of the suspension of his military service pension shall be reduced so that the total of the amount aforesaid and of his pension shall not be less than that which he would receive if the amount aforesaid was at the maximum of the limit immediately preceding.<\/p>\n<h2>ARMY PENSIONS ACT, 1927.<\/h2>\n<p>AN ACT TO PROVIDE FOR THE PAYMENT OF PENSIONS, ALLOWANCES, AND GRATUITIES IN CERTAIN CIRCUMSTANCES TO DISABLED MEMBERS OF THE ARMED FORCES OF SAORST\u00c1T EIREANN, AND CERTAIN OTHER MILITARY ORGANIZATIONS, AND FOR THE PAYMENT OF ALLOWANCES AND GRATUITIES IN CERTAIN CIRCUMSTANCES TO DEPENDANTS OF DECEASED MEMBERS OF THE SAID FORCES AND ORGANIZATIONS, AND TO AMEND AND EXTEND THE ARMY PENSIONS ACT, 1923 , AND TO MAKE PROVISION FOR DIVERS MATTERS CONNECTED WITH THE SEVERAL MATTERS AFORESAID. [30th April, 1927.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS OF SAORST\u00c1T EIREANN AS FOLLOWS:\u2014<\/p>\n<p>Definitions.<\/p>\n<p>1.\u2014In this Act\u2014<\/p>\n<p>the expression \u201cthe Principal Act\u201d means the Army Pensions Act, 1923 (No. 26 of 1923);<\/p>\n<p>the expression \u201cthe Minister\u201d means the Minister for Defence;<\/p>\n<p>the expression \u201cdegree of disablement\u201d when used in relation to a disablement caused by disease means the degree of disablement assessed in respect of such disablement by the Army Pensions Board;<\/p>\n<p>the expression \u201cminimum degree of disablement\u201d means eighty per cent. degree of disablement;<\/p>\n<p>the expression \u201cmilitary service\u201d when used in reference to a person who was a member of the Irish Volunteers or of the Irish Citizen Army means whenever such member was on duty, or was under arrest as the result of his activities as such member, or was evading capture or pursuit by the armed forces of the British Government, or was detained in a prison or internment camp by or by order of the British Government;<\/p>\n<p>the word \u201cwound\u201d means an interruption of the normal continuity of body tissue caused by direct or indirect violence but does not include any injury due to the serious negligence or misconduct of the person suffering therefrom;<\/p>\n<p>the word \u201cdisablement\u201d means any injury of a permanent nature resulting in impairment of function caused by wound or disease and not due to the serious negligence or misconduct of the person suffering therefrom; and<\/p>\n<p>other expressions and words which are also used in the Principal Act as amended by this Act shall, if not otherwise defined in this Act, have the same meanings respectively as such expressions and words have respectively in the Principal Act as so amended.<\/p>\n<p>Construction of certain expressions.<\/p>\n<p>2.\u2014(1) The expression \u201cdischarged from the forces\u201d when used in the Principal Act or in this Act in relation to an officer shall include and, when so used in the Principal Act, shall be deemed always to have included the demobilisation of such officer and, in the case of an officer holding a commission, the with-drawal of his commission for any reason, and the noun \u201cdischarge\u201d when used as aforesaid shall be and be deemed always to have been construed accordingly.<\/p>\n<p>(2) The word \u201ckilled\u201d when used in the Principal Act or in this Act shall include and, when used in the Principal Act, shall be deemed always to have included death by drowning.<\/p>\n<p>Amendments of the Principal Act.<\/p>\n<p>3.\u2014The Principal Act shall be construed and have effect as if the sections and sub-sections thereof mentioned in the first column of the First Schedule to this Act were respectively amended in the manner set out in the second column of that Schedule opposite each such section and sub-section respectively.<\/p>\n<p>Alterations of scales under Principal Act in certain cases.<\/p>\n<p>4.\u2014(1) In the case of an officer who is discharged from the forces on or after the 1st day of October, 1924 (whether before or after the passing of this Act) and to whom a wound pension could be granted on such discharge under the Principal Act as amended by this Act, that Act as so amended shall apply to such officer as if the scales of pensions contained in the Third Schedule to this Act were inserted in the Principal Act in lieu of the scales of pensions contained in the First Schedule to that Act.<\/p>\n<p>(2) In the case of those persons who signed the Proclamation published on Easter Monday in the year 1916 in connection with the rising of April and May of that year and in respect of whom the Minister may give or shall have given certificates under section 8 of the Principal Act, the Second Schedule to the Principal Act shall as from the passing of this Act apply and have effect as if the respective amounts of the several allowances and gratuities specified in that Schedule were double the amounts actually specified therein.<\/p>\n<p>Establishment of Army Pensions Board.<\/p>\n<p>5.\u2014(1) There shall be established a board to be called the Army Pensions Board, which shall consist of a chairman and two ordinary members.<\/p>\n<p>(2) The two ordinary members of the Army Pensions Board shall be duly qualified medical practitioners of whom one, but only one, shall be an officer of the Army Medical Service.<\/p>\n<p>(3) The chairman of the Army Pensions Board and the ordinary member of that Board who is not an officer of the Army Medical Service shall be appointed by the Minister with the concurrence of the Minister for Finance and the ordinary member of the said Board who is an officer of the Army Medical Service shall be appointed by the Minister.<\/p>\n<p>(4) Every member of the Army Pensions Board shall hold office during the pleasure of the Minister, but no member appointed with the concurrence of the Minister for Finance shall be removed from office without the concurrence of that Minister.<\/p>\n<p>(5) There may be paid, out of moneys provided by the Oireachtas, to any member of the Army Pensions Board such fees or remuneration as the Minister for Finance may determine.<\/p>\n<p>(6) The Minister may with the consent of the Minister for Finance make rules regulating the functions and procedure of the Army Pensions Board.<\/p>\n<p>(7) The Army Pensions Board may for the purpose of carrying out the duties imposed on them by this Act make all such inquiries, summon all such witnesses, and take such evidence on oath (which they are hereby empowered to administer) or otherwise, as they may deem necessary.<\/p>\n<p>Temporary incapacity of member of Army Pensions Board.<\/p>\n<p>6.\u2014(1) Whenever the chairman or an ordinary member of the Army Pensions Board is through ill-health or other sufficient cause temporarily incapacitated from performing his duties as such chairman or member, the Minister may, if he so thinks fit, appoint another person to be chairman or an ordinary member (as the case may be) of the Army Pensions Board in the place of the chairman or ordinary member so incapacitated for so long as such incapacity continues.<\/p>\n<p>(2) Every person appointed under this section in the place of an ordinary member of the Army Pensions Board shall possess the same qualifications as are required by this Act to be possessed by the ordinary member in whose place he is so appointed.<\/p>\n<p>(3) No appointment under this section of a person in the place of the chairman of the Army Pensions Board or of the ordinary member of the said Board who is not an officer of the Army Medical Service shall be made without the concurrence of the Minister for Finance.<\/p>\n<p>Reference of applications to Army Pensions Board.<\/p>\n<p>7.\u2014(1) Every application for the grant of a pension, gratuity, or allowance under the Principal Act which is pending at the date of the passing of this Act and every application for the grant of a pension, gratuity, or allowance under the Principal Act as amended by this Act or under this Act (save as is hereinafter otherwise provided) shall be referred by the Minister to the Army Pensions Board.<\/p>\n<p>(2) The Army Pensions Board shall report to the Minister in the prescribed form on every application referred to them under this section and for the purpose of such report shall cause every such application to be investigated in such manner as shall be prescribed by regulations made under this Act with the consent of the Minister for Finance.<\/p>\n<p>(3) No application for a pension, allowance, or gratuity under this Act which is based on a wound received on or after the 1st day of October, 1924, or on the death of a person killed on or after that date shall be referred to the Army Pensions Board.<\/p>\n<p>Assessment of degree of disability.<\/p>\n<p>8.\u2014(1) Whenever the Army Pensions Board report that a person is suffering from a disablement caused by disease they shall assess and state in such report the degree of the disablement from which such person is suffering.<\/p>\n<p>(2) Every assessment under this section of a degree of disablement shall be made on a percentage basis, and total disablement shall be assessed at one hundred per cent. and every disablement less than total disablement shall be assessed as a percentage of total disablement.<\/p>\n<p>Disability pensions in certain cases.<\/p>\n<p>9.\u2014(1) Every person who was discharged from the forces before the 1st day of October, 1924, and was at the date of his discharge suffering from a disablement caused by 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, 1924, may, if the degree of such disablement (otherwise than by reason of the serious negligence or misconduct of such person) is at the date of his examination by the Army Pensions Board or becomes after such date but within four years after his discharge not less than the minimum degree of disablement, be granted a disability pension at the rate mentioned in the appropriate column of the Second Schedule to this Act opposite to the appropriate degree of disablement mentioned in the first column of that Schedule.<\/p>\n<p>(2) If a person to whom a pension is granted under this section was married before the date of his discharge from the forces and is at the date of the commencement of such pension a married man for the purposes of this Act then he shall for so long after such commencement as he continues to be a married man for the purposes of this Act be entitled to be paid and receive a married pension at the rate mentioned in the appropriate column of the Second Schedule to this Act opposite to the appropriate degree of disablement mentioned in the first column of that Schedule.<\/p>\n<p>(3) Every pension granted under this section shall commence from such date as the Minister, having regard to all the circumstances of the case, shall determine but such date shall not be earlier than the 16th day of December, 1926, nor than the date on which the disablement first amounted or amounts to the minimum degree of disablement.<\/p>\n<p>Disability pensions in certain other cases.<\/p>\n<p>10.\u2014(1) Every person who is discharged from the forces on or after the 1st day of October, 1924 (whether before or after the passing of this Act), and is at the date of his discharge suffering from a disablement caused by 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, 1924, may, if the degree of such disablement (otherwise than by reason of the serious negligence or misconduct of such person) is at the date of his examination by the Army Pensions Board or becomes after such date but within four years after his discharge not less than the minimum degree of disablement, be granted a disability pension at the rate specified in that behalf in those provisions of the Third Schedule to this Act which are applicable to the case of such persons.<\/p>\n<p>(2) If a person to whom a pension is granted under this section was married before the 1st day of October, 1924, and is at the commencement of such pension a married man for the purposes of this Act then he shall for so long after such commencement as he continues to be a married man for the purposes of this Act be entitled to be paid and receive a married pension at the rate specified in that behalf in those provisions of the Third Schedule to this Act which are applicable to the case of such person.<\/p>\n<p>(3) Every pension granted under this section shall commence from such date as the Minister, having regard to all the circumstances of the case, shall determine, but such date shall not be earlier than\u2014<\/p>\n<p>(a) in the case of a person who is discharged from the forces before the passing of this Act, the 16th day of December, 1926, nor<\/p>\n<p>(b) in the case of a person who is discharged from the forces on the day of or after the passing of this Act, the day after the date of such discharge, nor<\/p>\n<p>(c) in any case, the date on which the disablement first amounts to the minimum degree of disablement.<\/p>\n<p>Wound pensions and gratuities in certain cases.<\/p>\n<p>11.\u2014(1) Every person who was discharged from the forces before the 1st day of October, 1924, and was at the date of such discharge suffering from a disablement due to a wound attributable to his service in the forces and received on or after the 1st day of October, 1923, while he was a member of the forces may, if the degree of such disablement is at the date of his examination by the Army Pensions Board not less than twenty per cent., be granted a wound pension at the rate mentioned in the appropriate column of the Second Schedule to this Act opposite to the appropriate degree of disablement mentioned in the first column of that Schedule.<\/p>\n<p>(2) If a person to whom a pension is granted under this section was married before the date of his discharge from the forces and is at the date of the commencement of such pension a married man for the purposes of this Act then he shall for so long after such commencement as he continues to be a married man for the purposes of this Act be entitled to be paid and receive a married pension at the rate mentioned in the appropriate column of the Second Schedule to this Act opposite to the appropriate degree of disablement mentioned in the first column of that Schedule.<\/p>\n<p>(3) Every pension granted under this section shall commence from such date as the Minister, having regard to all the circumstances of the case, shall determine but such date shall not in any case be earlier than the day next after the date on which the person to whom the pension was granted was discharged from the forces.<\/p>\n<p>(4) Every person who was discharged from the forces before the 1st day of October, 1924, and was at the date of such discharge suffering from a disablement due to a wound attributable to his service in the forces and received on or after the 1st day of October, 1923, while he was a member of the forces may, if the degree of such disablement is at the date of his examination by the Army Pensions Board less than twenty per cent., be granted a gratuity of such amount as the Minister having regard to all the circumstances of the case shall with the consent of the Minister for Finance determine, but no such gratuity shall, in the case of a person who immediately before his discharge from the forces was an officer, exceed one hundred pounds or, in the case of a person who immediately before his discharge from the forces was a soldier, exceed sixty pounds.<\/p>\n<p>(5) In the case of a person who at the date of his discharge from the forces is suffering from any of the disablements mentioned in the first column of the Fourth Schedule to this Act, the degree of such person&#8217;s disablement for the purposes of this section shall be the degree set out in the second column of that Schedule opposite to the disablement from which such person is so suffering.<\/p>\n<p>(6) In the case of a person who at the date of his discharge from the forces is suffering from a disablement not mentioned in the first column of the Fourth Schedule to this Act, the degree of such person&#8217;s disablement for the purposes of this section shall be the degree assessed in that behalf by the Army Pensions Board.<\/p>\n<p>Wound pensions and gratuities in certain other cases.<\/p>\n<p>12.\u2014(1) Every person who is discharged from the forces on or after the 1st day of October, 1924 (whether before or after the passing of this Act) and is at the date of such discharge suffering from a disablement due to a wound attributable to his service in the forces and received on or after the 1st day of October, 1923 (whether before or after the passing of this Act) while he was a member of the forces may, if the degree of such disablement is at the date of his examination by the Army Pensions Board or on behalf of the Minister (as the case may be) not less than twenty per cent., be granted a wound pension at the rate specified in that behalf in those provisions of the Third Schedule to this Act which are applicable to the case of such person.<\/p>\n<p>(2) If a person to whom a pension is granted under this section was at the date on which he received the wound, in the case of an officer, a married man for the purposes of this Act or, in the case of a soldier, in receipt of marriage allowance as a married soldier and, in any case, is at the commencement of such pension a married man for the purposes of this Act then he shall for so long after such commencement as he continues to be a married man for the purposes of this Act be entitled to be paid and to receive a married pension at the rate specified in that behalf in those provisions of the Third Schedule to this Act which are applicable to his case.<\/p>\n<p>(3) Every pension granted under this section shall, in the case of a person who is discharged from the forces on the date of or after the passing of this Act, commence from the date of such discharge or, in the case of a person who is discharged from the forces before the date of the passing of this Act, commence from such date not earlier than the day next after the date of such discharge nor later than the date of the passing of this Act as the Minister, having regard to all the circumstances of the case, shall determine.<\/p>\n<p>(4) Every person who is discharged from the forces on or after the 1st day of October, 1924 (whether before or after the passing of this Act) and is at the date of his discharge suffering from a disablement due to a wound attributable to his service in the forces and received on or after the 1st day of October, 1923 (whether before or after the passing of this Act) while he was a member of the forces may, if the degree of such disablement is at the date of his examination by the Army Pensions Board or on behalf of the Minister (as the case may be) less than twenty per cent., be granted\u2014<\/p>\n<p>(a) in the case of a person who immediately before his discharge from the forces is an officer, a gratuity of such amount, not exceeding eighty pounds, as the Minister having regard to all the circumstances of the case shall with the consent of the Minister for Finance determine, together with a further gratuity calculated at the rate of five pounds for each completed year of such person&#8217;s service in the forces, or<\/p>\n<p>(b) in the case of a person who immediately before his discharge from the forces is a soldier, a gratuity of such amount, not exceeding forty pounds, as the Minister having regard to all the circumstances of the case shall with the consent of the Minister for Finance determine, together with a further gratuity calculated at the rate of two pounds and ten shillings for each completed year of such person&#8217;s service in the forces.<\/p>\n<p>(5) In the case of a person who at the date of his discharge from the forces is suffering from any of the disablements mentioned in the first column of the Fourth Schedule to this Act, the degree of such person&#8217;s disablement for the purposes of this section shall be the degree set out in the second column of that Schedule opposite to the disablement from which such person is so suffering.<\/p>\n<p>(6) In the case of a person who at the date of his discharge from the forces is suffering from a disablement not mentioned in the first column of the Fourth Schedule to this Act, the degree of such person&#8217;s disablement for the purposes of this section shall, if the wound to which the disablement is due was received before the 1st day of October, 1924, be the degree assessed in that behalf by the Army Pensions Board and, if such wound was received on or after the 1st day of October, 1924, be the degree assessed in that behalf by the Minister.<\/p>\n<p>Disability pensions in certain special cases.<\/p>\n<p>13.\u2014(1) Any person who is certified by the Minister to have been a member of the Irish Volunteers or of the Irish Citizen Army and is at the date of his examination by the Army Pensions Board suffering from a disablement caused by 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, 1924, may, if the degree of his disablement is at the date of his examination by the Army Pensions Board not less than the minimum degree of disablement, be granted a disability pension at the following rate, that is to say:\u2014<\/p>\n<p>(a) if he did not serve in the forces or if he served in the forces and was discharged therefrom before the 1st day of October, 1924, at the rate mentioned in the appropriate column of the Second Schedule to this Act opposite to the appropriate degree of disablement mentioned in the first column of that Schedule, or<\/p>\n<p>(b) if he served in the forces and was discharged therefrom on or after the 1st day of October, 1924, at the rate specified in those provisions of the Third Schedule to this Act which are applicable to his case.<\/p>\n<p>(2) If a person to whom a pension is granted under this section was married before the 1st day of July, 1922, and is at the date of the commencement of such pension a married man for the purposes of this Act then he shall for so long after such commencement as he continues to be a married man for the purpose of this Act be entitled to be paid and receive a married pension either (as the case may require) at the rate mentioned in the appropriate column of the Second Schedule to this Act opposite to the appropriate degree of disablement mentioned in the first column of that Schedule or at the rate specified in those provisions of the Third Schedule to this Act which are applicable to his case.<\/p>\n<p>(3) Every pension granted under this section shall commence from such date, not being earlier than the 16th day of December, 1926, as the Minister having regard to all the circumstances of the case shall determine.<\/p>\n<p>(4) For the purpose of determining in the case of a person who did not serve in the forces whether a disability pension granted to such person under this section and the married pension (if any) payable to him under this section are to be paid at the rates appropriate to an officer or at the rates appropriate to a soldier, the Minister shall determine, having regard to the position actually held by such person in the Irish Volunteers or the Irish Citizen Army (as the case may be), whether such person was an officer or was a soldier and such determination shall be final and conclusive for the purposes aforesaid.<\/p>\n<p>Allowances and gratuities to dependants in certain cases.<\/p>\n<p>14.\u2014(1) The Minister may, on or on account of the death of any person to whom this sub-section applies, do either but not both of the following things, that is to say:\u2014<\/p>\n<p>(i) grant to such one or more as the Minister shall determine of the dependants mentioned in the appropriate Part of the Fifth Schedule to this Act of such person a gratuity of such amount as the Minister shall, with the consent of the Minister for Finance, determine, or<\/p>\n<p>(ii) grant to the widow and children of such person the several allowances and gratuities specified in the appropriate Part of the Sixth Schedule to this Act in respect of widows and children.<\/p>\n<p>This sub-section applies to\u2014<\/p>\n<p>(a) every person who died before the 1st day of October, 1924 while serving in the forces and whose death was due solely to disease attributable to service in the forces during the period (in this sub-section called \u201cthe said period\u201d) which commenced on the 1st day of April, 1922 and ended on the 30th day of September, 1924, and<\/p>\n<p>(b) every person who, having served in the forces during the said period and been discharged therefrom before the 1st day of October, 1924, dies (whether before or after the passing of this Act) within four years after such discharge and so dies solely from disease attributable to service in the forces during the said period, and<\/p>\n<p>(c) every person who, not having served in the forces, died before the 11th day of July, 1925, and is certified by the Minister to have been 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), and<\/p>\n<p>(d) every person who is certified by the Minister to have been a member of the Irish Volunteers or of the Irish Citizen Army and, having served in the forces, either died before the 1st day of October, 1924 while so serving or was discharged from the forces before the 1st day of October, 1924 and died (whether before or after the passing of this Act) within four years after such discharge and in any case so died solely from 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 said period, and<\/p>\n<p>(e) every person who, having been immediately before his death in receipt of a disability pension granted to him under this Act in accordance with the scale of pensions contained in the Second Schedule to this Act, dies solely from the disease in respect of which such pension was granted.<\/p>\n<p>(2) The Minister may, on or on account of the death of any person to whom this sub-section applies, do either but not both of the following things, that is to say:\u2014<\/p>\n<p>(i) grant to such one or more as the Minister shall determine of the widow and children of such person a gratuity of such amount as the Minister shall, with the consent of the Minister for Finance, determine, or<\/p>\n<p>(ii) grant to the widow and children of such person the several allowances and gratuities specified in the appropriate Part of the Seventh Schedule to this Act in respect of widows and children.<\/p>\n<p>This sub-section applies to\u2014<\/p>\n<p>(a) every person who dies (whether before or after the passing of this Act) on or after the 1st day of October, 1924 while serving in the forces and whose death is due solely to disease attributable to service in the forces during the period (in this sub-section called \u201cthe said period\u201d) which commenced on the 1st day of April, 1922 and ended on the 30th day of September, 1924, and<\/p>\n<p>(b) every person who, having served in the forces during the said period, is discharged therefrom on or after the 1st day of October, 1924 (whether before or after the passing of this Act) and dies within four years after such discharge and so dies solely from disease attributable to service in the forces during the said period, and<\/p>\n<p>(c) every person who is certified by the Minister to have been a member of the Irish Volunteers or of the Irish Citizen Army and, having served in the forces during the said period, either dies on or after the 1st day of October, 1924 (whether before or after the passing of this Act) while so serving or is discharged from the forces on or after the 1st day of October, 1924 (whether before or after the passing of this Act) and dies within four years after such discharge and, in any case, so dies solely from 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 said period, and<\/p>\n<p>(d) every person who, having been immediately before his death in receipt of a disability pension granted to him under this Act in accordance with the scale of pensions contained in the Third Schedule to this Act and also of a married pension payable to him under this Act, dies solely from the disease in respect of which such disability pension was granted.<\/p>\n<p>(3) The gratuity or the total amount of the gratuities (as the case may be) granted on or on account of the death of any person to dependants of that person under sub-section (1) of this section or to the widow and children of that person under sub-section (2) of this section shall not exceed the sum of three hundred pounds.<\/p>\n<p>(4) Any gratuity granted under this section may, if the Minister so thinks proper, be paid in instalments of such amounts and at such times as the Minister, having regard to all the circumstances of the case, shall consider expedient.<\/p>\n<p>(5) No allowance or gratuity shall be granted under this section on or on account of the death of any person whose death was or is due to any serious negligence or misconduct on his part.<\/p>\n<p>(6) No allowance or gratuity shall be granted under sub-section (2) of this section to the widow or child of any person who was not, if an officer, a married man for the purposes of this Act or, if a soldier, in receipt of marriage allowance as a married soldier at the following time, that is to say, if he died while serving in the forces, at the time of his death or, if he died after having been discharged from the forces, immediately before such discharge.<\/p>\n<p>(7) For the purpose of the application of the Fifth and Sixth Schedules to this Act in respect of a person who is certified under sub-section (1) of this section to have been a member of the Irish Volunteers or of the Irish Citizen Army and who did not serve in the forces, the Minister shall determine, having regard to the position actually held by such person in the Irish Volunteers or the Irish Citizen Army (as the case may be) whether such person was an officer or a soldier, and such determination shall be final and conclusive for the purpose aforesaid.<\/p>\n<p>(8) Every allowance granted under this section on account of the death of a person who died before the 1st day of April, 1926, shall commence on that date, and every allowance granted under this section on or on account of the death of a person who dies on or after the 1st day of April, 1926 (whether before or after the passing of this Act) shall commence on the day after the day on which such person so dies.<\/p>\n<p>(9) A person&#8217;s death shall be deemed to be due solely to disease within the meaning of this section notwithstanding that such death was in part due to or was hastened or contributed to by a wound received by such person during and attributable to service in the like forces or body (though not necessarily in the same period) as the service to which such disease is attributable.<\/p>\n<p>Allowances and gratuities to dependants in certain other cases.<\/p>\n<p>15.\u2014(1) The several allowances and gratuities specified in the appropriate Part of the Sixth Schedule to this Act may be granted to the widow, children, dependants, and partial dependants of any of the following persons, that is to say:\u2014<\/p>\n<p>(a) every person who while serving in the forces was killed on or after the 1st day of October, 1923 and before the 1st day of October, 1924 in the course of his duty as a member of the forces or in circumstances attributable to his service in the forces, and<\/p>\n<p>(b) every person who while serving in the forces received on or after the 1st day of October, 1923 and before the 1st day of October, 1924 a wound attributable to his service in the forces and died before the 1st day of October, 1924 solely from such wound while still serving in the forces, and<\/p>\n<p>(c) every person who while serving in the forces received on or after the 1st day of October, 1923, and before the 1st day of October, 1924 a wound attributable to his service in the forces and was discharged from the forces before the 1st day of October, 1924 and dies (whether before or after the passing of this Act) solely from such wound within four years after receiving such wound, and<\/p>\n<p>(d) every person who having served in the forces was discharged therefrom before the 1st day of October, 1924 and dies (whether before or after the passing of this Act) while in receipt of a wound pension granted to him under this Act and also of a married pension payable to him under this Act and so dies solely from the wound in respect of which such wound pension was so granted to him.<\/p>\n<p>(2) The several allowances and gratuities specified in the appropriate Part of the Seventh Schedule to this Act may be granted to the widow and children of any of the following persons, that is to say:\u2014<\/p>\n<p>(a) every person who while serving in the forces is killed on or after the 1st day of October, 1924 (whether before or after the passing of this Act) in the course of his duty as a member of the forces, or in circumstances attributable to his service in the forces, and<\/p>\n<p>(b) every person who while serving in the forces receives on or after the 1st day of October, 1923 (whether before or after the passing of this Act) a wound attributable to his service in the forces and dies solely from such wound while serving in the forces and so dies on or after the 1st day of October, 1924 but within four years after receiving such wound, and<\/p>\n<p>(c) every person who while serving in the forces receives on or after the 1st day of October, 1923 (whether before or after the passing of this Act) a wound attributable to his service in the forces and, having been discharged from the forces on or after the 1st day of October, 1924 dies solely from such wound within four years after receiving such wound, and<\/p>\n<p>(d) every person who having served in the forces is discharged therefrom on or after the 1st day of October, 1924 (whether before or after the passing of this Act) and dies while in receipt of a wound pension granted to him under this Act and also of a married pension payable to him under this Act and so dies solely from the wound in respect of which such wound pension was granted to him.<\/p>\n<p>(3) No allowance or gratuity shall be granted to the widow or a child, dependant, or partial dependant under sub-section (1) of this section or to the widow or a child under sub-section (2) of this section of any person who was killed as a result of any serious negligence or misconduct on his part or whose death was or is due to any serious negligence or misconduct on his part.<\/p>\n<p>(4) No allowance or gratuity shall be granted under sub-section (2) of this section to the widow or a child of any person who was not, if an officer, a married man for the purposes of this Act or, if a soldier, in receipt of marriage allowance as a married soldier at the following time, that is to say, if he was killed while serving in the forces, at the time of his death or, if his death was due to a wound, at the time he received such wound.<\/p>\n<p>(5) Every allowance granted under this section to the widow or a child or dependent of a person who died or was killed before the 1st day of April, 1926 shall commence on that date and every allowance granted under this section to the widow or a child or dependent of a person who dies or is killed on or after the 1st day of April, 1926 (whether before or after the passing of this Act) shall commence on the day after the day on which such person so dies or is killed.<\/p>\n<p>(6) A person&#8217;s death shall be deemed to be due solely to a wound within the meaning of this section notwithstanding that such death was in part due to or was hastened or contributed to by disease attributable to service in the like forces or body (though not necessarily in the same period) as the service to which such wound is attributable.<\/p>\n<p>Accounting for ex gratia allowances in certain cases.<\/p>\n<p>16.\u2014Whenever an allowance is granted under this Act to or for the benefit of a person and such allowance commences on a date prior to the passing of this Act and an ex gratia allowance has prior to the passing of this Act been paid by the Minister to or for the benefit of such person, all payments made (whether before or after the passing of this Act) on foot of such ex gratia allowance shall, in so far as they were or are made in respect of a period subsequent to the date of the commencement of the said allowance granted under this Act, be deemed to have been made on account of the last-mentioned allowance and shall be accounted for accordingly.<\/p>\n<p>Form of application for pension, etc.<\/p>\n<p>17.\u2014Every application for the grant of a pension, gratuity, or allowance under the Principal Act as amended by this Act or under this Act shall be made to the Minister in the prescribed form and shall contain the prescribed particulars.<\/p>\n<p>Time limit for claims for pensions, etc.<\/p>\n<p>18.\u2014(1) Every application by a person who claims to have been a member of the Irish Volunteers or Irish Citizen Army and did not serve in the forces for the grant of a wound pension or gratuity under the Principal Act as amended by this Act or for the grant of a pension under this Act shall be made within twelve months from the passing of this Act.<\/p>\n<p>(2) Every application by a person who was discharged from the forces before the passing of this Act for the grant of a wound pension or gratuity under the Principal Act as amended by this Act or for the grant of a wound pension or gratuity under this Act shall be made within twelve months from the passing of this Act.<\/p>\n<p>(3) Every application by a person discharged from the forces (whether before or after the passing of this Act) for the grant of a disability pension under this Act shall be made before which ever of the following dates is the later, that is to say, the expiration of four years from the date of such discharge or the expiration of twelve months from the passing of this Act.<\/p>\n<p>(4) Every application for the grant of an allowance or gratuity under the Principal Act as amended by this Act or under this Act in respect of a person who has died before or on the date of the passing of this Act shall be made within twelve months from the passing of this Act.<\/p>\n<p>(5) Every application for the grant of an allowance or gratuity under the Principal Act as amended by this Act or under this Act in respect of a person who shall die after the passing of this Act shall be made within twelve months from the date of the death of such person.<\/p>\n<p>Renewal of applications refused under Principal Act.<\/p>\n<p>19.\u2014Any person whose application before the passing of this Act for a pension, allowance, or gratuity under the Principal Act was refused on the ground that that Act did not then apply to him may, if the Principal Act as amended by this Act applies to him, apply for and in a proper case be granted such pension, allowance, or gratuity under the Principal Act as amended by this Act.<\/p>\n<p>Prohibition of double pensions.<\/p>\n<p>20.\u2014Save as is otherwise expressly provided by this Act, no pension or gratuity (other than a married pension) shall be granted under the Principal Act as amended by this Act or under this Act to any person to whom a pension or gratuity has previously been granted under the Principal Act or under that Act as amended by this Act or under this Act.<\/p>\n<p>Travelling expenses and subsistence allowances.<\/p>\n<p>21.\u2014(1) Payments for travelling expenses and for subsistence allowance may be made by the Minister out of moneys provided by the Oireachtas to applicants for pensions, allowances, or gratuities under the Principal Act as amended by this Act or under this Act when attending in the city or county of Dublin for medical examination by direction of the Army Pensions Board and to persons attending in the city or county of Dublin as witnesses before the Army Pensions Board pursuant to a summons by that Board.<\/p>\n<p>(2) The amounts of the payments which may be made for travelling expenses and for subsistence allowance under the foregoing sub-section and the circumstances in which and conditions under which such payments may be made shall be prescribed by regulations made under this Act with the consent of the Minister for Finance and no such payment shall be made otherwise than in accordance with such regulations.<\/p>\n<p>Definition of \u201cmarried man.\u201d<\/p>\n<p>22.\u2014(1) A person shall be a married man for the purposes of this Act from the date of his marriage until the happening of whichever of the following events first happens and (save as is hereinafter provided) no longer, that is to say, his own death, the death of his wife, the lawful annulment of the marriage, or the lawful dissolution of the marriage.<\/p>\n<p>(2) A person who served in the forces shall be a married man for the purposes of this Act for so long after the death of his wife or the lawful annulment or lawful dissolution of his marriage as he lives and has a child living who, in the case of a person who was an officer immediately before his discharge from the forces, is a son under the age of eighteen years or a daughter under the age of twenty-one years or, in the case of a person who was a soldier immediately before his discharge from the forces, is a son under the age of sixteen years or a daughter under the age of eighteen years.<\/p>\n<p>(3) A person who did not serve in the forces but was a member of the Irish Volunteers or of the Irish Citizen Army shall be a married man for the purposes of this Act for so long after the death of his wife or the lawful annulment or lawful dissolution of his marriage as he lives and has children who, in the case of any such person whose disability pension is payable under this Act at the rate appropriate to an officer, is a son under the age of eighteen years or a daughter under the age of twenty-one years, or, in the case of any such person whose disability pension is payable under this Act at the rate appropriate to a soldier, is a son under the age of sixteen years or a daughter under the age of eighteen years.<\/p>\n<p>Application of pensions in certain cases.<\/p>\n<p>23.\u2014(1) Whenever the Minister is satisfied that a person in receipt of a pension granted to him under the Principal Act or under the Principal Act as amended by this Act or under this Act is under a legal obligation to maintain his wife and children or any of them and is neglecting to fulfil such obligation, such pension may, if and whenever and for so long as the Minister so directs, in lieu of being paid to such person be paid to his wife or applied for the maintenance, education, or benefit of his child or children, as the case may require.<\/p>\n<p>(2) A married pension payable under this Act to any person may, if and whenever and for so long as the Minister so directs, in lieu of being paid to such person be paid to his wife or applied for the maintenance, education, or benefit of his child or all or any of his children.<\/p>\n<p>Double disablement.<\/p>\n<p>24.\u2014When a person is suffering from a disablement (hereinafter called the disease disablement) the degree of which is less than the minimum degree of disablement and the circumstances are such that such person could be granted a disability pension under this Act in respect of such disablement if the degree of such disablement equalled or exceeded the minimum degree of disablement, and such person is also suffering from a disablement (hereinafter called the wound disablement) in respect of which he has or could be granted or could if the degree of such disablement equalled or exceeded twenty per cent. be granted a wound pension under the Principal Act or under that Act as amended by this Act or under this Act then, for the purpose of determining whether a pension shall or shall not be granted to such person and the rate of such pension (if any) or whether a pension already granted to him shall or shall not be increased and the amount of such increase (if any), the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) the degree of his disablement shall be the sum total of the degree of the disease disablement and the degree of the wound disablement,<\/p>\n<p>(b) if the said sum total exceeds one hundred per cent. the degree of his disablement shall be reckoned as one hundred per cent.,<\/p>\n<p>(c) the whole of his disablement shall be deemed to have been occasioned by the cause which occasioned the disease disablement or the cause which occasioned the wound disablement, as may be most favourable to him, and<\/p>\n<p>(d) if a pension is granted to him by virtue of this section, the pension (if any) previously granted to him shall cease on the commencement of the pension granted to him by virtue of this section.<\/p>\n<p>Conditions attaching to pensions.<\/p>\n<p>25.\u2014(1) This section applies to every person to whom a pension is granted (whether before or after the passing of this Act) under the Principal Act or under that Act as amended by this Act or under this Act, and in this section every reference to a pension in relation to any such person shall be construed as a reference to the pension so granted to him.<\/p>\n<p>(2) The continuance of the pension granted (otherwise than as a final grant within the meaning of section 6 of the Principal Act and the regulations made thereunder) to a person to whom this section applies shall be conditional on such person under going, whenever so required by the Minister, such medical examination or treatment or surgical operation as the Minister shall from time to time direct, and if any such person shall refuse or neglect to undergo when so required any such medical examination or treatment or surgical operation the pension granted to him may immediately on such refusal or neglect be absolutely terminated by the Minister if he so thinks proper.<\/p>\n<p>(3) The Minister may, with the consent of the Minister for Finance, defray the cost of any medical examination or treatment or surgical operation undergone by direction of the Minister by a person to whom this section applies in a hospital, nursing home, or other like institution or in such person&#8217;s home, and also the cost of the maintenance of such person while undergoing or while detained in any such institution for the purposes of such examination, treatment, or operation, and also any travelling or other expenses incurred in the travelling or conveyance of such person to or from any place for the purpose of any such examination, treatment, or operation.<\/p>\n<p>(4) The Minister may increase by such amount as he shall think proper the pension of any person to whom this section applies while such person is undergoing any medical examination or treatment or surgical operation by direction of the Minister but in determining the amount of any such increase the Minister shall have regard to any national health insurance benefits or other benefits or grants of a like nature to which such person may be entitled, and the Minister may also when making such increase provide for the deduction from the increased pension of any sums payable in respect of the maintenance of such persons in any hospital, nursing home, or other like institution while detained therein for the purpose of such examination, treatment, or operation.<\/p>\n<p>(5) The Minister may by regulations made under this Act prescribe the rules to be observed in any military hospital or in respect of any person to whom this section applies who is detained in such hospital by direction of the Minister for the purpose of undergoing any medical examination or treatment or surgical operation, the infliction of penalties for breaches of any such rule (including, in the case of breaches by the person so detained in such institution, removal from such institution or stoppage of pension) and the persons by whom such alleged breaches may be inquired into and by whom such penalties may be imposed.<\/p>\n<p>(6) The Minister may, with the sanction of the Minister for Finance, and in accordance with regulations made under this Act with the consent of the Minister for Finance, defray out of moneys to be provided by the Oireachtas the funeral expenses of any person to whom this section applies who dies in any hospital, nursing home, or other like institution while detained therein by direction of the Minister for the purpose of undergoing any medical examination or treatment or surgical operation.<\/p>\n<p>Application of certain sections of the Principal Act.<\/p>\n<p>26.\u2014(1) The expression \u201cunder this Act\u201d whenever it occurs in sections 5 , 6 , and 9 to 15 of the Principal Act as amended by this Act shall be construed as meaning under the Principal Act or under the Principal Act as amended by this present Act or under this present Act, and the said sections shall have effect accordingly.<\/p>\n<p>(2) The expression \u201cwound pension\u201d wherever it occurs in any of the sections of the Principal Act mentioned in the foregoing sub-sections shall in the application of such section to pensions granted under this Act be construed and have effect as including disability pension.<\/p>\n<p>Regulations.<\/p>\n<p>27.\u2014(1) The Minister may by order make regulations in regard to any matter or thing referred to in this Act as prescribed or as being or to be prescribed by regulations made under this Act, but where such regulations are referred to in this Act as being or to be made with the consent of the Minister for Finance the same shall not be made without such consent.<\/p>\n<p>(2) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is laid before it annulling such regulation such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulation.<\/p>\n<p>Short title and citation.<\/p>\n<p>28.\u2014This Act may be cited as the Army Pensions Act, 1927, and the Principal Act and this Act may be cited together as the Army Pensions Acts, 1923 and 1927.<\/p>\n<p>FIRST SCHEDULE.<\/p>\n<p>AMENDMENTS OF THE PRINCIPAL ACT.<\/p>\n<p>Section and sub-section of the Principal Act.<\/p>\n<p>How amended.<\/p>\n<p>Section 1 , sub-sections (1), (2), and (3).<\/p>\n<p>(a) By the deletion of the words \u201cas medically unfit for further service\u201d wherever those words occur;<\/p>\n<p>(b) By the insertion of the words and figures \u201cand before the 1st day of October, 1923\u201d after the figures \u201c1922\u201d wherever those figures occur.<\/p>\n<p>Section 1 , sub-section (4).<\/p>\n<p>By the deletion of the word \u201cso\u201d wherever that word occurs and deletion of the words \u201cas aforesaid.\u201d<\/p>\n<p>Section 3 , sub-section (1).<\/p>\n<p>(a) By the deletion of the words and figures \u201cbefore the 1st day of April, 1922\u201d and the insertion in lieu thereof of the words \u201cwhile serving in the Irish Volunteers or the Irish Citizen Army\u201d;<\/p>\n<p>(b) By the insertion of the words and figures \u201cand before the 1st day of October, 1923\u201d after the figures \u201c1922\u201d where those figures secondly occur;<\/p>\n<p>(c) By the deletion of the words \u201cas medically unfit for further service.\u201d<\/p>\n<p>Section 4 , sub-section (3).<\/p>\n<p>By the deletion of all words from the words \u201cunless such person became\u201d to the end of the sub-section and the insertion in lieu thereof of the words \u201cbut if such person became a member of the forces such pension shall not be payable for or in respect of the period during which he was or shall be a member of the forces.\u201d<\/p>\n<p>Section 4 .<\/p>\n<p>By the insertion at the end of the section of a new sub-section as follows:\u2014<\/p>\n<p>\u201c(4) Any wound pension granted to a person who was wounded while performing his duty as a member of the Irish Volunteers on or after the 1st day of April, 1922 shall commence on the date on which such person was wounded, but if such person became a member of the forces such pension shall not be payable for or in respect of the period during which he was or shall be a member of the forces.\u201d<\/p>\n<p>Section 5 , sub-section (1).<\/p>\n<p>By the deletion of the sub-section and the insertion in lieu thereof of a new sub-section, as follows:\u2014<\/p>\n<p>\u201c(1) The Minister may from time to time, with the consent of the Minister for Finance, supply to any person to whom a wound pension (whether temporary or permanent) or a gratuity has been granted under this Act such surgical and medical appliances as his case may require, and provide for the repair or renewal of any such appliances.\u201d<\/p>\n<p>Section 5 , sub-section (2).<\/p>\n<p>By the deletion of the words \u201cofficer or soldier\u201d wherever those words occur and the insertion in lieu thereof of the word \u201cperson.\u201d<\/p>\n<p>Section 6 , sub-section (1).<\/p>\n<p>By the deletion of the words \u201cofficers and soldiers\u201d and the insertion in lieu thereof of the word \u201cpersons.\u201d<\/p>\n<p>Section 6 , sub-section (2).<\/p>\n<p>By the deletion of the words \u201cofficer or soldier\u201d and the insertion in lieu thereof of the word \u201cperson.\u201d<\/p>\n<p>Section 7 , sub-section (1).<\/p>\n<p>By the insertion of the words and figures \u201cand before the 1st day of October, 1923\u201d after the figures \u201c1922\u201d wherever those figures occur.<\/p>\n<p>Section 7 , sub-section (1).<\/p>\n<p>By the deletion in paragraph (b) of the words \u201cthree years\u201d and the insertion in lieu thereof of the words \u201cfour years.\u201d<\/p>\n<p>Section 8 , sub-section (1).<\/p>\n<p>(a) By the deletion of the words and figures \u201cbefore the 1st day of April, 1922\u201d where those words and figures firstly and secondly occur and the insertion in lieu thereof in each case of the words \u201cwhile serving in the Irish Volunteers or the Irish Citizen Army\u201d;<\/p>\n<p>(b) By the insertion of the words and figures \u201cand before the 1st day of October, 1923\u201d after the figures \u201c1922\u201d where those figures thirdly occur.<\/p>\n<p>Section 8 , sub-section (1).<\/p>\n<p>By the deletion of the words \u201cwithin three years\u201d and the insertion in lieu thereof of the words \u201cwithin four years.\u201d<\/p>\n<p>Section 8 , sub-section (2).<\/p>\n<p>By the deletion of the sub-section and the insertion in lieu thereof of a new sub-section as follows:\u2014<\/p>\n<p>\u201c(2) Every allowance granted under this section shall commence on the 1st day of April, 1922 or the date of the death of the person in respect of whom the same is payable, whichever of those dates is the later.\u201d<\/p>\n<p>Section 11 , sub-section (1).<\/p>\n<p>By the deletion of the words \u201cofficer or soldier\u201d wherever those words occur and the insertion in lieu thereof of the word \u201cperson.\u201d<\/p>\n<p>Section 12 , sub-section (1).<\/p>\n<p>By the deletion of the sub-section and the insertion in lieu thereof of a new sub-section as follows:\u2014<\/p>\n<p>\u201c(1) Every person who, with a view to obtaining the grant or payment of a pension, allowance or gratuity under this Act either for himself or for any other person, makes, signs, or uses any declaration, application, or other written statement knowing the same to be false 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 such imprisonment.\u201d<\/p>\n<p>Section 13 , sub-sections (1), and (2).<\/p>\n<p>By the deletion of the words \u201cofficer or soldier\u201d wherever those words occur and the insertion in lieu thereof of the word \u201cperson.\u201d<\/p>\n<p>Section 13 , sub-section (2).<\/p>\n<p>By the insertion of the words \u201cor any compensation awarded by the Minister for Finance on the recommendation of the Personal Injuries Committee\u201d after the words \u201cofficer or soldier\u201d where those words firstly occur.<\/p>\n<p>First Schedule<\/p>\n<p>By the deletion of the words and figures:\u2014<\/p>\n<p>Loss of all toes, both feet<\/p>\n<p>20<\/p>\n<p>40<\/p>\n<p>8\/4<\/p>\n<p>3<\/p>\n<p>2<\/p>\n<p>And the insertion in lieu thereof of the words and figures:\u2014<\/p>\n<p>Loss of all toes, both feet<\/p>\n<p>30<\/p>\n<p>60<\/p>\n<p>12\/7<\/p>\n<p>4\/6<\/p>\n<p>3<\/p>\n<p>SECOND SCHEDULE.<\/p>\n<p>Scales of disability pensions, wound pensions, and married pensions for persons discharged from the forces before the 1st day of October, 1924.<\/p>\n<p>Officers.<\/p>\n<p>Soldiers.<\/p>\n<p>Degree of disablement.<\/p>\n<p>Disability pension.<\/p>\n<p>Married pension.<\/p>\n<p>Disability pension.<\/p>\n<p>Married pension.<\/p>\n<p>Per cent.<\/p>\n<p>Per annum.<\/p>\n<p>Per week.<\/p>\n<p>Per week.<\/p>\n<p>Per week.<\/p>\n<p>100<\/p>\n<p>\u00a3200<\/p>\n<p>15s.<\/p>\n<p>0d.<\/p>\n<p>\u00a32<\/p>\n<p>2.<\/p>\n<p>0.<\/p>\n<p>10s.<\/p>\n<p>90<\/p>\n<p>\u00a3180<\/p>\n<p>13s.<\/p>\n<p>6d.<\/p>\n<p>\u00a31<\/p>\n<p>17.<\/p>\n<p>9.<\/p>\n<p>9s.<\/p>\n<p>80<\/p>\n<p>\u00a3160<\/p>\n<p>12s.<\/p>\n<p>0d.<\/p>\n<p>\u00a31<\/p>\n<p>13.<\/p>\n<p>7.<\/p>\n<p>8s.<\/p>\n<p>70<\/p>\n<p>\u00a3140<\/p>\n<p>10s.<\/p>\n<p>6d.<\/p>\n<p>\u00a31<\/p>\n<p>9.<\/p>\n<p>4.<\/p>\n<p>7s.<\/p>\n<p>60<\/p>\n<p>\u00a3120<\/p>\n<p>9s.<\/p>\n<p>0d.<\/p>\n<p>\u00a31<\/p>\n<p>5.<\/p>\n<p>2.<\/p>\n<p>6s.<\/p>\n<p>50<\/p>\n<p>\u00a3100<\/p>\n<p>7s.<\/p>\n<p>6d.<\/p>\n<p>\u00a31<\/p>\n<p>1.<\/p>\n<p>0.<\/p>\n<p>5s.<\/p>\n<p>40<\/p>\n<p>\u00a380<\/p>\n<p>6s.<\/p>\n<p>0d.<\/p>\n<p>16.<\/p>\n<p>9.<\/p>\n<p>4s.<\/p>\n<p>30<\/p>\n<p>\u00a360<\/p>\n<p>4s.<\/p>\n<p>6d.<\/p>\n<p>12.<\/p>\n<p>7.<\/p>\n<p>3s.<\/p>\n<p>20<\/p>\n<p>\u00a340<\/p>\n<p>3s.<\/p>\n<p>0d.<\/p>\n<p>8.<\/p>\n<p>4.<\/p>\n<p>2s.<\/p>\n<p>THIRD SCHEDULE.<\/p>\n<p>Scale of disability pensions, wound pensions, and married pensions for persons discharged from the forces on or after the 1st day of October, 1924.<\/p>\n<p>PART I.<\/p>\n<p>OFFICERS.<\/p>\n<p>Degree of disablement.<\/p>\n<p>SCALE OF PENSION.<\/p>\n<p>100<\/p>\n<p>per<\/p>\n<p>cent.<\/p>\n<p>60<\/p>\n<p>per<\/p>\n<p>cent.<\/p>\n<p>of<\/p>\n<p>annual<\/p>\n<p>pay<\/p>\n<p>at<\/p>\n<p>the<\/p>\n<p>date<\/p>\n<p>of<\/p>\n<p>discharge.<\/p>\n<p>90<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>54<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>80<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>48<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>70<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>42<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>60<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>36<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>50<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>30<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>40<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>24<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>30<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>18<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>20<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>12<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>Note.\u2014\u201cAnnual Pay\u201d does not include allowances, or additional pay in respect of temporary, probationary or acting duty.<\/p>\n<p>The married pension payable to an officer in respect of a pension under this Schedule who is entitled to a married pension shall be at the rate of \u00a320 per annum.<\/p>\n<p>PART II.<\/p>\n<p>SOLDIERS.<\/p>\n<p>Rank of discharge from Forces.<\/p>\n<p>Group.<\/p>\n<p>Rates of Pension per week according to degree of disablement<\/p>\n<p>100%<\/p>\n<p>90%<\/p>\n<p>80%<\/p>\n<p>70%<\/p>\n<p>60%<\/p>\n<p>50%<\/p>\n<p>40%<\/p>\n<p>30%<\/p>\n<p>20%<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>Private<\/p>\n<p>I<\/p>\n<p>26<\/p>\n<p>0<\/p>\n<p>23<\/p>\n<p>5<\/p>\n<p>20<\/p>\n<p>10<\/p>\n<p>18<\/p>\n<p>2<\/p>\n<p>15<\/p>\n<p>7<\/p>\n<p>13<\/p>\n<p>0<\/p>\n<p>10<\/p>\n<p>5<\/p>\n<p>7<\/p>\n<p>10<\/p>\n<p>5<\/p>\n<p>2<\/p>\n<p>Corporal<\/p>\n<p>II<\/p>\n<p>30<\/p>\n<p>0<\/p>\n<p>27<\/p>\n<p>0<\/p>\n<p>24<\/p>\n<p>0<\/p>\n<p>21<\/p>\n<p>0<\/p>\n<p>18<\/p>\n<p>0<\/p>\n<p>15<\/p>\n<p>0<\/p>\n<p>12<\/p>\n<p>0<\/p>\n<p>9<\/p>\n<p>0<\/p>\n<p>6<\/p>\n<p>0<\/p>\n<p>Sergeant Co. Q.M. Sergt.<\/p>\n<p>}<\/p>\n<p>III<\/p>\n<p>34<\/p>\n<p>0<\/p>\n<p>30<\/p>\n<p>7<\/p>\n<p>27<\/p>\n<p>2<\/p>\n<p>23<\/p>\n<p>10<\/p>\n<p>20<\/p>\n<p>5<\/p>\n<p>17<\/p>\n<p>0<\/p>\n<p>13<\/p>\n<p>7<\/p>\n<p>10<\/p>\n<p>2<\/p>\n<p>6<\/p>\n<p>10<\/p>\n<p>Co. Segt. Batt. Q.M.S.<\/p>\n<p>}<\/p>\n<p>IV<\/p>\n<p>38<\/p>\n<p>0<\/p>\n<p>34<\/p>\n<p>2<\/p>\n<p>30<\/p>\n<p>5<\/p>\n<p>26<\/p>\n<p>7<\/p>\n<p>22<\/p>\n<p>10<\/p>\n<p>19<\/p>\n<p>0<\/p>\n<p>15<\/p>\n<p>2<\/p>\n<p>11<\/p>\n<p>5<\/p>\n<p>7<\/p>\n<p>7<\/p>\n<p>Sergeant-Major<\/p>\n<p>V<\/p>\n<p>42<\/p>\n<p>0<\/p>\n<p>37<\/p>\n<p>9<\/p>\n<p>33<\/p>\n<p>7<\/p>\n<p>29<\/p>\n<p>4<\/p>\n<p>25<\/p>\n<p>2<\/p>\n<p>21<\/p>\n<p>0<\/p>\n<p>16<\/p>\n<p>9<\/p>\n<p>12<\/p>\n<p>7<\/p>\n<p>8<\/p>\n<p>4<\/p>\n<p>The married pension payable to a soldier in receipt of a pension under this Schedule who is entitled to a married pension shall be at the rate of five shillings a week.<\/p>\n<p>FOURTH SCHEDULE.<\/p>\n<p>Scale of Degrees of Disability to Wounds.<\/p>\n<p>Specific Injury<\/p>\n<p>Degree of Disablement<\/p>\n<p>per cent.<\/p>\n<p>Loss of two or more limbs<\/p>\n<p>100<\/p>\n<p>Loss of both hands or of all fingers and thumbs<\/p>\n<p>\u201d<\/p>\n<p>Total loss of sight<\/p>\n<p>\u201d<\/p>\n<p>Wounds, injuries, or results of them, resulting in a disabled man being totally bedridden<\/p>\n<p>\u201d<\/p>\n<p>Wounds, of or injuries to internal, thoracic or abdominal organs involving total permanent disablement<\/p>\n<p>\u201d<\/p>\n<p>Total organic paralysis resulting from wounds or injuries to brain or spinal cord<\/p>\n<p>\u201d<\/p>\n<p>Loss of an arm and one eye<\/p>\n<p>90<\/p>\n<p>Loss of a leg and one eye<\/p>\n<p>\u201d<\/p>\n<p>Loss of a hand and a foot<\/p>\n<p>\u201d<\/p>\n<p>Loss of one arm through shoulder<\/p>\n<p>\u201d<\/p>\n<p>Loss of both feet<\/p>\n<p>80<\/p>\n<p>Amputation of leg at hip or below hip, with stump not exceeding five inches in length, measured from tip of great trochanter; of right arm below shoulder, with stump not exceeding six inches, measured from tip of acromion; or of left arm through shoulder<\/p>\n<p>\u201d<\/p>\n<p>Amputation of leg below hip, with stump exceeding five inches in length, measured from tip of great trochanter, but not below middle thigh; of left arm below shoulder, with stump not exceeding six inches, measured from tip of acromion; or of right arm below shoulder, with stump, exceeding six inches, measured from tip of acromion, through elbow, or below elbow, with stump not exceeding five inches, measured from tip of olecranon<\/p>\n<p>70<\/p>\n<p>Amputation of leg below middle thigh, through knee, or below knee, with stump not exceeding four inches; of left arm below shoulder, with stump exceeding six inches, measured from tip of acromion, through elbow, or below elbow, with stump not exceeding five inches, measured from tip of olecranon; or of right arm below elbow, with stump exceeding five inches, measured from tip of olecranon<\/p>\n<p>60<\/p>\n<p>Amputation of leg below knee, with stump exceeding four inches; or of left arm below elbow, with stump exceeding five inches, measured from tip of olecranon<\/p>\n<p>50<\/p>\n<p>Loss of one eye, the result of G.S.W. or injury<\/p>\n<p>40<\/p>\n<p>Loss of thumb or of four fingers of right hand<\/p>\n<p>40<\/p>\n<p>Loss of thumb or of four fingers of left hand, or three fingers of right hand<\/p>\n<p>30<\/p>\n<p>Lisfranc operation, one foot<\/p>\n<p>30<\/p>\n<p>Loss of all toes, both feet<\/p>\n<p>30<\/p>\n<p>Loss of two fingers, either hand<\/p>\n<p>20<\/p>\n<p>Loss of all toes of one foot<\/p>\n<p>20<\/p>\n<p>Note.\u2014In the case of left-handed men, certified to be such, the compensation in respect of the left arm, etc., will be same as for a right arm hand, etc., and vice versa.<\/p>\n<p>FIFTH SCHEDULE<\/p>\n<p>Dependants to or amongst whom Gratuities may be granted.<\/p>\n<p>PART I.<\/p>\n<p>OFFICERS.<\/p>\n<p>1. Widow.<\/p>\n<p>2. Sons under the age of 18 and daughters under the age of 21.<\/p>\n<p>3. (a) Mother.<\/p>\n<p>(b) Father over the age of 60 or permanently incapacitated by ill-health.<\/p>\n<p>(c) Brothers and sisters permanently incapacitated by ill-health.<\/p>\n<p>(d) Grandparents.<\/p>\n<p>4. Brothers under the age of 18 and sisters under the age of 21.<\/p>\n<p>PART II.<\/p>\n<p>SOLDIERS.<\/p>\n<p>1. Widow.<\/p>\n<p>2. Sons under the age of 16 and daughters under the age of 18.<\/p>\n<p>3. (a) Mother.<\/p>\n<p>(b) Father over the age of 60 or permanently incapacitated by ill-health.<\/p>\n<p>(c) Brothers and sisters permanently incapacitated by ill-health.<\/p>\n<p>(d) Grandparents.<\/p>\n<p>4. Brothers under the age of 16 and sisters under the age of 18.<\/p>\n<p>SIXTH SCHEDULE.<\/p>\n<p>ALLOWANCES TO DEPENDANTS.<\/p>\n<p>PART I.<\/p>\n<p>OFFICERS.<\/p>\n<p>1. Widow<\/p>\n<p>\u00a390 per annum during widowhood, and a gratuity of \u00a3120 on first re-marriage.<\/p>\n<p>2. Each son under the age of 18<\/p>\n<p>(a) While mother is living, \u00a324 per annum.<\/p>\n<p>(b) After death of mother, \u00a340 per annum.<\/p>\n<p>3. Each daughter under the age of 21<\/p>\n<p>(a) While mother is living, \u00a324 per annum.<\/p>\n<p>(b) After death of mother, \u00a340 per annum.<\/p>\n<p>4. Each child of or over the age of 12 and under the age of 18.<\/p>\n<p>Repayment of amount proved to have been in fact necessarily and properly expended in educational fees, but not exceeding \u00a335 in any one calendar year.<\/p>\n<p>5. (a) Mother<\/p>\n<p>(b) Father ove 60 years of age or incapacitated by ill-health.<\/p>\n<p>(c) Permanently invalided brother or sister.<\/p>\n<p>(d) Grandparents.<\/p>\n<p>Once allowance at the rate of \u00a31 per week. If there are two or more such dependants, only one allowance shall be payable to such one of the dependants as the Minister for Defence shall direct.<\/p>\n<p>6. Each brother under the age of 18, and each sister under the age of 21.<\/p>\n<p>An Allowance of 7s. 6d. per week, but the total allowances under this section shall not in the case of any one officer exceed \u00a31 per week, and no allowance shall be payable under this section in any case in which any allowance is payable under any of the foregoing sections.<\/p>\n<p>7. Where an officer leaves orphan children in the care of any of the persons mentioned in Section 5 of this Schedule who is dependant on him, the total allowances payable in respect of such person and such children (other than the allowance, if any, payable under Section 4) shall not exceed the total allowances which, if the officer had left a widow, would have been payable under sections 1 and 2 during the widowhood of such widow.<\/p>\n<p>8. No allowance shall be payable to any person under the foregoing provisions of this Schedule unless such person was, at the date of the death of the officer in respect of whom such allowance is claimed, wholly dependant on such officer.<\/p>\n<p>9. Where an officer leaves persons partially dependant on him, such persons shall not be granted any allowances, but in necessitous cases or other special circumstances a gratuity or gratuities may be granted to all or any such partial dependants. The total amount of the gratuities granted under this section in respect of any one officer shall not exceed the sum of \u00a3150.<\/p>\n<p>10. Whenever any dependant was wholly or partially dependent on more than one deceased person, such dependant shall not receive, in respect of such deceased person, allowances or gratuities exceeding in the whole the maximum allowance which could be granted to such dependant under this Schedule in respect of any one of such deceased persons. In this clause the expression \u201cdeceased person\u201d includes a deceased officer as well as a deceased soldier.<\/p>\n<p>PART II.<\/p>\n<p>SOLDIERS.<\/p>\n<p>1. Widow<\/p>\n<p>17s. 6d. per week during widowhood, and a gratuity of \u00a345 10s. 0d. on first re-marriage.<\/p>\n<p>2. Children who are in the case of sons under the age of 16, or in the case of daughters under the age of 18.<\/p>\n<p>(a) While mother is living, 5s. per week for the first child and 3s. 6d. per week for each other child.<\/p>\n<p>(b) After the death of mother, 8s. 6d. per week for each child.<\/p>\n<p>3. Each child of or over the age of 12 and under the age of 18.<\/p>\n<p>Repayment of amount proved to have been in fact necessarily and properly expended in educational fees, but not exceeding \u00a335, in any one calendar year, where evidence to the satisfaction of the Minister is produced that the child of a soldier would benefit by education of a more advanced nature than that provided in Primary Schools, and would appear to have been deprived of such education owing to the death of his (or her) father.<\/p>\n<p>4. (a) Mother<\/p>\n<p>(b) Father over 60 years of age or incapacitated by ill-health.<\/p>\n<p>(c) Permanently invalided brother or sister.<\/p>\n<p>(d) Grandparents.<\/p>\n<p>One allowance at the rate of 15s. per week. If there are two or more such dependants only one allowance shall be payable, and such allowance shall be paid to such one of the dependants as the Minister for Defence shall direct.<\/p>\n<p>5. Each brother under the age of 16 and each sister unber the age of 18.<\/p>\n<p>Allowance of 5s. per week; but the total allowances under this section shall not in the case of any one soldier exceed 15s. per week. No allowance shall be payable under this section in any case in which any allowance is payable under any of the foregoing sections.<\/p>\n<p>6. Where a soldier leaves orphan children in the care of a person mentioned in section 4 of this schedule who is dependant on him, the total allowances payable in respect of such person and such children shall not exceed the total allowances which, if the soldier had left a widow, would have been payable under sections 1 and 2 during the widowhood of such widow.<\/p>\n<p>7. No allowance shall be payable to any person under the foregoing provisions of this Schedule unless such person was, at the date of the death of the soldier in respect of whom such allowance is claimed, wholly dependant on such soldier.<\/p>\n<p>8. Where a soldier leaves persons partially dependant on him, such persons shall not be granted any allowance, but in necessitous cases or other special circumstances a gratuity or gratuities may be granted to all or any such partial dependants. The total amount of the gratuities granted under this section in respect of any one soldier shall not exceed the sum of \u00a3100.<\/p>\n<p>9. Whenever any dependant was wholly or partially dependant on more than one deceased person, such dependant shall not receive, in respect of such deceased person, allowances or gratuities exceeding in the whole the maximum allowance which could be granted to such dependant under this Schedule in respect of any one of such deceased persons. In this clause the expression \u201cdeceased person\u201d includes a deceased officer as well as a deceased soldier.<\/p>\n<p>SEVENTH SCHEDULE.<\/p>\n<p>ALLOWANCES TO DEPENDANTS<\/p>\n<p>PART I.<\/p>\n<p>OFFICERS.<\/p>\n<p>1. Widow of second lieutenant, lieutenant or captain<\/p>\n<p>\u00a360 per annum during widowhood.<\/p>\n<p>\u201d \u201d major or commandant<\/p>\n<p>\u00a390 \u201d \u201d \u201d<\/p>\n<p>\u201d \u201d colonel or higher rank<\/p>\n<p>\u00a3120 \u201d \u201d \u201d<\/p>\n<p>2. Widow of officer (any rank)<\/p>\n<p>\u00a3120 gratuity on first re-marriage.<\/p>\n<p>3. Children under the age of 18<\/p>\n<p>(a) While mother is living, \u00a316 per annum for each child, but not exceeding a total of \u00a364 per annum for children of any one officer;<\/p>\n<p>(b) After death of mother, \u00a330 per annum for each child.<\/p>\n<p>4. Children over the age of 11 and under the age of 18<\/p>\n<p>Repayment of amount proved to have been in fact necessarily and properly expended in educational fees, but not exceeding \u00a330 in any one calendar year in respect of any one child. This allowance is additional to the allowance stated at No. 3.<\/p>\n<p>PART II.<\/p>\n<p>SOLDIERS.<\/p>\n<p>1. Widow<\/p>\n<p>12s. 6d. per week during widowhood.<\/p>\n<p>Gratuity of \u00a350 on first re-marriage.<\/p>\n<p>2. Children under the age of 18<\/p>\n<p>(a) While mother is living, 4s. per week for each child, but not exceeding a total of 16s. per week for children of any one soldier.<\/p>\n<p>(b) After death of mother, 8s. per week for each child.<\/p>\n<h2>ARMY PENSIONS ACT, 1932.<\/h2>\n<p>AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 AND 1927. [10th December, 1932.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS OF SAORSTAT EIREANN AS FOLLOWS:\u2014<\/p>\n<p>PART I.<\/p>\n<p>Preliminary.<\/p>\n<p>Short title and citation.<\/p>\n<p>1.\u2014(1) This Act may be cited as the Army Pensions Act, 1932.<\/p>\n<p>(2) The Army Pensions Acts, 1923 and 1927, and this Act may be cited together as the Army Pensions Acts, 1923 to 1932.<\/p>\n<p>Definitions.<\/p>\n<p>2.\u2014In this Act\u2014<\/p>\n<p>the expression \u201cthe Act of 1923\u201d means the Army Pensions Act, 1923 (No. 26 of 1923);<\/p>\n<p>the expression \u201cthe Act of 1927\u201d means the Army Pensions Act, 1927 (No. 12 of 1927);<\/p>\n<p>the expression \u201cthe Acts of 1923 and 1927\u201d means the Army Pensions Acts, 1923 and 1927.<\/p>\n<p>Construction.<\/p>\n<p>3.\u2014This Act shall be construed as one with the Acts of 1923 and 1927, and accordingly every word and expression to which a particular meaning is assigned in those Acts has in this Act that particular meaning, save as is otherwise expressly provided by this Act.<\/p>\n<p>PART II.<\/p>\n<p>Extension of the Army Pensions Acts, 1923 and 1927.<\/p>\n<p>Application of this Part.<\/p>\n<p>4.\u2014This Part of this Act applies to the following organisations, that is to say:\u2014<\/p>\n<p>(a) Oglaigh na hEireann (Irish Republican Army),<\/p>\n<p>(b) The Irish Volunteers,<\/p>\n<p>(c) The Irish Citizen Army,<\/p>\n<p>(d) Fianna Eireann,<\/p>\n<p>(e) The Hibernian Rifles,<\/p>\n<p>(f) Cumann na mBan.<\/p>\n<p>Definitions and interpretation of this Part.<\/p>\n<p>5.\u2014(1) A person shall for the purposes of this Part of this Act be deemed to have been engaged in military service when, but only when, he was on duty as a member of an organisation to which this Part of this Act applies, or was under arrest as a result of his activities as such member, or being such member was evading capture or pursuit by the armed forces of the British Government or of the Government of Saorst\u00e1t Eireann or of the Provisional Government or of the Government of Northern Ireland, or being such member was detained in a prison or ship, or an internment camp by or by order of any of the said Governments, and the expression \u201cmilitary service\u201d shall, in this Part of this Act, be construed accordingly.<\/p>\n<p>(2) In this Part of this Act\u2014<\/p>\n<p>the expression \u201cpre-truce military service\u201d 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;<\/p>\n<p>the expression \u201cpost-truce military service\u201d 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 ;<\/p>\n<p>the word \u201ckilled\u201d includes (in addition to the matters included therein by the Acts of 1923 and 1927) death as an immediate result of refusing to take nourishment while detained in prison and death by violence while a prisoner.<\/p>\n<p>(3) Notwithstanding anything contained in the foregoing sub-sections of this section, a person who was engaged in military service before the 1st day of October, 1923, and who, at any time during the period beginning on the 1st day of October, 1923 and ending on the 30th day of September, 1924, received a wound or contracted a disease while refusing to take nourishment in prison, or undergoing imprisonment, or evading capture or arrest shall, for the purposes of this Part of this Act, be deemed to have been engaged in post-truce military service at the time he received such wound or contracted such disease.<\/p>\n<p>Establishment of Military Service Registration Board.<\/p>\n<p>6.\u2014(1) There shall be established a board to be styled and known as the Military Service Registration Board (in this Part of this Act referred to as the Registration Board) which shall consist of three members, that is to say, a chairman and two ordinary members.<\/p>\n<p>(2) Every member of the Registration Board shall be appointed by the Minister with the concurrence of the Minister for Finance.<\/p>\n<p>(3) The chairman of the Registration Board shall be that member thereof who is for the time being nominated by the Minister, with the concurrence of the Minister for Finance, to be the chairman thereof.<\/p>\n<p>(4) Every member of the Registration Board shall hold office during the pleasure of the Minister, but no such member shall be removed from office without the concurrence of the Minister for Finance.<\/p>\n<p>(5) There may be paid, out of moneys provided by the Oireachtas, to any member of the Registration Board such fees or remuneration as the Minister for Finance may determine.<\/p>\n<p>(6) The Minister may, with the consent of the Minister for Finance, make rules regulating the procedure of the Registration Board.<\/p>\n<p>(7) The Registration Board may, for the purpose of carrying out the duties imposed on them by this Act, make all such inquiries, have access to and power to call for the production of all such public records, summon all such witnesses, and take such evidence on oath (which they are hereby empowered to administer) or otherwise as they may deem necessary.<\/p>\n<p>(8) The Registration Board shall keep a register of all cases dealt with by them under this Part of this Act and enter in such register such particulars of such cases as the Minister may direct.<\/p>\n<p>Temporary incapacity of member of Registration Board.<\/p>\n<p>7.\u2014Whenever a member of the Registration Board is, through ill-health or other sufficient cause, temporarily incapacitated from performing his duties as such member, the Minister may, with the concurrence of the Minister for Finance, appoint another person to be a member of the Registration Board in place of the member so incapacitated for so long as such incapacity continues.<\/p>\n<p>Reference of applications to the Registration Board.<\/p>\n<p>8.\u2014(1) Every application for the grant under this Part of this Act of a pension or gratuity to or an allowance or gratuity in respect of a person alleged to have been a member of an organisation to which this Part of this Act applies shall (notwithstanding anything contained in Section 7 of the Act of 1927) be referred by the Minister to the Registration Board, and thereupon the Registration Board shall ascertain and certify to the Minister the following particulars in respect of such person, that is to say:\u2014<\/p>\n<p>(a) whether such person was a member of any and, if so, which of the said organisations, and<\/p>\n<p>(b) whether such person was engaged in military service and, if so, the prescribed particulars of such service, and<\/p>\n<p>(c) whether such person received a wound while engaged in military service and, if so, the prescribed particulars of such wound and, if such person is dead, the date of his death, and<\/p>\n<p>(d) whether such person contracted any disease during his military service and, if so, the prescribed particulars of such disease, and if such person is dead, the date of his death, and<\/p>\n<p>(e) if such person is dead, whether he was killed while engaged in military service and, if so, the prescribed particulars of the circumstances of his death, and<\/p>\n<p>(f) such other particulars in respect of such person as the Minister may request the Registration Board to ascertain and certify.<\/p>\n<p>(2) Every certificate (in this Act referred to as a service certificate) issued by the Registration Board to the Minister in pursuance of this section shall be in the prescribed form and shall be final and conclusive evidence for the purposes of this Part of this Act of the matters of fact certified therein.<\/p>\n<p>Reference of applications to Army Pensions Board.<\/p>\n<p>9.\u2014Whenever the Minister, after referring under the immediately preceding section to the Registration Board an application for the grant under this Part of this Act of a pension or gratuity to or an allowance or gratuity in respect of any person, receives from the Registration Board a service certificate in respect of such person, the Minister shall (unless it appears from such service certificate that such person is not a person to whom a pension or gratuity or in respect of whom an allowance or gratuity could be granted under this Part of this Act) refer the said application to the Army Pensions Board in pursuance of Section 7 of the Act of 1927, and thereupon that section and Section 8 of that Act shall apply subject to the modification that the Army Pensions Board shall not investigate or report on any matter which is, under this Part of this Act, the subject of ascertainment and certification by the Registration Board.<\/p>\n<p>Grant of pensions and gratuities to certain persons.<\/p>\n<p>10.\u2014(1) Whenever a person in respect of whom a service certificate has been issued is examined by the Army Pensions Board and is at the date of his examination by that Board suffering from a disablement due to a wound attributable to military service, then\u2014<\/p>\n<p>(a) if the degree of such disablement (otherwise than by reason of the serious negligence or misconduct of such person) is at the date of his said examination not less than twenty per cent., such person may be granted a pension at the rate mentioned in the second column of the First Schedule to this Act opposite to the appropriate degree of disablement in the first column of that Schedule, or<\/p>\n<p>(b) if the degree of such disablement (otherwise than by reason of the serious negligence or misconduct of such person) is at the date of his said examination less than twenty per cent., such person may be granted a gratuity of such amount, not exceeding seventy-five pounds, as the Minister, having regard to all the circumstances of the case, shall with the consent of the Minister for Finance determine.<\/p>\n<p>(2) Whenever a person in respect of whom a service certificate has been issued is examined by the Army Pensions Board and is at the date of his examination by that Board suffering from a disease attributable to military service and the degree of disablement (otherwise than by reason of the serious negligence or misconduct of such person) is at the date of his said examination not less than the minimum degree of disablement, such person may be granted a pension at the rate mentioned in the second column of the First Schedule to this Act opposite the appropriate degree of disablement in the first column of that Schedule.<\/p>\n<p>(3) If a person to whom a pension is granted under this section was married before the critical date as defined by the next following sub-section of this section and is at the date of the commencement of such pension a married man for the purposes of this Part of this Act, such person shall, for so long after such commencement as he continues to be a married man for those purposes be entitled to be paid and receive a married pension at the rate mentioned in the third column of the First Schedule to this Act opposite to the appropriate degree of disablement mentioned in the first column of that Schedule.<\/p>\n<p>(4) For the purposes of the foregoing sub-section of this section the critical date shall be\u2014<\/p>\n<p>(a) in the case of a person suffering from disablement due to a wound\u2014the date on which he received such wound; and<\/p>\n<p>(b) in the case of a person who is suffering from disablement due to a disease and was engaged in pre-truce military service only\u2014the 1st day of July, 1922; and<\/p>\n<p>(c) in the case of a person who is suffering from disablement due to disease and was engaged in post-truce military service (whether he was or was not also engaged in pre-truce military service)\u2014the 1st day of October, 1924.<\/p>\n<p>(5) Whenever a person in respect of whom a service certificate has been issued and who was engaged in post-truce military service (whether he was or was not also engaged in pre-truce military service) is examined by the Army Pensions Board and at the date of his examination by that Board either is suffering from a disablement due to a wound attributable to military service which is less than twenty per cent. or is not suffering from any such disablement, then, if the Minister is satisfied that such person, at any time before his said examination, suffered during a substantial period from a disablement due to a wound attributable to military service and substantially exceeding twenty per cent., and that the case of such person was one of special hardship, the Minister, if he thinks proper so to do having regard to all the circumstances of the case, may\u2014<\/p>\n<p>(a) if such person is granted a gratuity of less than \u00a375 under sub-section (1) of this section, grant to such person, in addition to the gratuity under the said sub-section (1), a gratuity of such amount, not exceeding the sum by which the gratuity under the said sub-section (1) falls short of \u00a375, as the Minister shall, with the consent of the Minister for Finance, determine, or<\/p>\n<p>(b) if such person is not granted a gratuity under the said sub-section (1), grant to such person a gratuity of such amount not exceeding \u00a375 as the Minister shall, with the consent of the Minister for Finance, determine.<\/p>\n<p>Definition of \u201cmarried man.\u201d<\/p>\n<p>11.\u2014(1) A person shall be a married man for the purposes of this Part of this Act from the date of his marriage until the happening of whichever of the following events first happens and (save as is hereinafter provided) no longer, that is to say, his own death, the death of his wife, the lawful annulment of the marriage, or the lawful dissolution of the marriage.<\/p>\n<p>(2) A person shall be a married man for the purposes of this Part of this Act for so long after the death of his wife or the lawful annulment or lawful dissolution of his marriage as he lives and has a child living who is, if a son, under the age of eighteen years, or, if a daughter, under the age of twenty-one years and unmarried.<\/p>\n<p>Grant of allowances and gratuities to certain classes of persons.<\/p>\n<p>12.\u2014(1) The Minister may, on account of the death of a person to whom this section applies, do either but not both of the following things, that is to say:\u2014<\/p>\n<p>(a) if the widow of such person has not re-married before the passing of this Act, grant to the widow and children of such person the several allowances and gratuities specified in Part I. of the Second Schedule to this Act, or<\/p>\n<p>(b) grant to such one or more as the Minister shall determine of the dependants mentioned in Part II. of the Second Schedule to this Act of such person such allowance or gratuity as is mentioned in the said Part II.<\/p>\n<p>(2) The rules contained in Part III. of the Second Schedule to this Act shall have effect in relation to allowances and gratuities granted under the immediately preceding sub-section.<\/p>\n<p>(3) This section applies to every person who was a member of an organisation to which this Part of this Act applies and who complied with one of the following conditions, that is to say:\u2014<\/p>\n<p>(a) such person was killed while engaged in military service and was so killed in circumstances attributable to such service; or<\/p>\n<p>(b) such person 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 his death was due to such wound; or<\/p>\n<p>(c) such person was engaged in pre-truce military service only and died before the 11th day of July, 1925 and his death was due to disease attributable to such service; or<\/p>\n<p>(d) such person was engaged in post-truce military service (either in addition to or without pre-truce military service) and died from a wound or disease attributable to such service.<\/p>\n<p>(4) Where\u2014<\/p>\n<p>(a) a deceased member of an organisation to which this Part of this Act applies was engaged in post-truce military service (either in addition to or without pre-truce military service) and died (whether before or after the passing of this Act) from a wound or disease attributable to such service, and<\/p>\n<p>(b) such member leaves a widow, and<\/p>\n<p>(c) the marriage of such widow to such member took place, in case his death was due to a wound, after the date of such wound or, in case his death was due to disease, after the 1st day of October, 1928,<\/p>\n<p>the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(i) no allowance or gratuity shall be granted under sub-section (1) of this section to any person on account of the death of such member, and<\/p>\n<p>(ii) in case such member dies after the passing of this Act and was not granted a pension in respect of such wound or disease under this Part of this Act, or died before the passing of this Act, the Minister may on account of the death of such member grant to the widow or children of such member a gratuity of one hundred and twelve pounds and ten shillings.<\/p>\n<p>(5) Where\u2014<\/p>\n<p>(a) a deceased member of an organisation to which this Part of this Act applies was engaged in post-truce military service (either in addition to or without pre-truce military service) and dies after the passing of this Act from a wound or disease attributable to such service, and<\/p>\n<p>(b) such member was granted a pension in respect of such wound or disease under this Part of this Act,<\/p>\n<p>no allowance or gratuity shall be granted under sub-section (1) of this section to any person on account of the death of such member.<\/p>\n<p>Grant of allowances and gratuities to certain widows and children.<\/p>\n<p>13.\u2014(1) If a person to whom a pension and a married pension have been granted under this Part of this Act dies while in receipt of both those pensions and his death is due to the wound or disease which was the cause of the disablement on account of which such pensions were granted, the Minister may grant to the widow and children of such person the several allowances and gratuities specified in Part I of the Second Schedule to this Act.<\/p>\n<p>(2) The rules contained in Part III of the Second Schedule to this Act shall, so far as applicable, have effect in relation to allowances and gratuities granted under this section.<\/p>\n<p>Prohibition of applications by certain persons.<\/p>\n<p>14.\u2014No person who under the Act of 1923, or under the Act of 1927 duly applied for and was refused a pension, allowance, or gratuity under those Acts or either of them shall be entitled to apply for or be granted a pension, allowance, or gratuity under this Part of this Act.<\/p>\n<p>Commencement of pensions and allowances.<\/p>\n<p>15.\u2014(1) All pensions (including married pensions) granted under this Part of this Act shall commence as on and from the 1st day of April, 1932.<\/p>\n<p>(2) All allowances granted under this Part of this Act to the widow, children, or dependants of a person who died before the 1st day of April, 1932, shall commence as on and from that date.<\/p>\n<p>(3) All allowances granted under this Part of this Act to the widow, children, or dependants of a person who dies after the 1st day of April, 1932 (whether before or after the passing of this Act) shall commence as on and from the day after the day on which such person dies.<\/p>\n<p>Times for making applications.<\/p>\n<p>16.\u2014(1) Every application by a person who was a member of an organisation to which this Part of this Act applies for the grant of a pension or gratuity under this Part of this Act shall be made within twelve months after the passing of this Act.<\/p>\n<p>(2) Every application for the grant of an allowance or gratuity under this Part of this Act to the widow, children, or dependants of a person who died on or before the day on which this Act is passed shall be made within twelve months after the passing of this Act.<\/p>\n<p>(3) Every application for the grant of an allowance or gratuity under this Part of this Act to the widow, children, or dependants of a person who died after the day on which this Act is passed shall be made within twelve months after the death of such person.<\/p>\n<p>Time limit for application for allowances and gratuities under this part by widows, children and dependants of certain persons.<\/p>\n<p>17.\u2014(1) Where\u2014<\/p>\n<p>(a) a person dies more than twelve months after the date of the passing of this Act, and<\/p>\n<p>(b) such person&#8217;s death is due to a wound or disease, and<\/p>\n<p>(c) such person did not within twelve months after the date of the passing of this Act duly apply for a pension in respect of such wound or disease under this Part of this Act,<\/p>\n<p>no claim in respect of the death of such person for an allowance or gratuity under this Part of this Act by the widow or any child or dependant of such person shall be entertained.<\/p>\n<p>(2) Nothing in this section shall be construed as limiting the operation of sub-section (3) of the immediately preceding section.<\/p>\n<p>Finality of awards under this Part.<\/p>\n<p>18.\u2014(1) Where an award of a gratuity under this Part of this Act in respect of a wound is made or an award of a pension or gratuity under this Part of this Act in respect of a wound is refused, such award or the refusal of such award (as the case may be) shall, save as is otherwise provided by this section, be final and incapable of reconsideration or review.<\/p>\n<p>(2) Any person to whom an award of a gratuity under this Part of this Act in respect of a wound was made or any person to whom an award of a pension or gratuity under this Part of this Act in respect of a wound was refused solely on the ground that such person was not suffering from any disablement may, within five years from the date of such award or the refusal of such award (as the case may be), apply to the Minister to have the amount of such award or the refusal of such award (as the case may be) re-considered and thereupon the Minister, if he thinks proper so to do, may refer the matter to the Army Pensions Board for re-consideration and may, on the report of the Army Pensions Board, grant such pension or gratuity (if any) as could have been granted if such report had been made when the case was first investigated under this Part of this Act, subject to the limitation that any pension so granted shall not commence on a date earlier than the date which is found by the Army Pensions Board to be the date on which the disablement in respect of which such pension is granted first attained to twenty per cent.<\/p>\n<p>Revision of final grants of pensions under this Part.<\/p>\n<p>19.\u2014(1) Where a final grant of a pension to any person has been made under this Part of this Act and such person at any time or times within ten years from the date of such final grant represents to the Minister that the degree of his disablement at the time of such representation is, in case such person is then in actual receipt of such pension, ten per cent. or more in excess of his previous degree of his disablement, or in case such pension is then suspended under this section, is not less than the relevant minimum, and furnishes prima facie evidence which is in the opinion of the Minister satisfactory, in support of such representation, the Minister may request the Army Pensions Board to re-examine medically such person and re-assess his degree of disablement, and upon such re-assessment being made the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) in case such person is at the time in actual receipt of such pension then\u2014<\/p>\n<p>(i) if the degree of his disablement is found on such re-assessment to be greater than his previous degree of disablement or less than his previous degree of disablement but not less than the relevant minimum, the Minister may, if he so thinks fit, increase or reduce (in accordance with such reassessment) the amount of such pension to an amount appropriate under this Part of this Act to the case of a person suffering from a degree of disablement corresponding to the degree so reassessed, or<\/p>\n<p>(ii) if the degree of his disablement is found on such re-assessment to be less than the relevant minimum, the Minister shall suspend such pension, without prejudice however to the right of such person to make a further representation under this section within the time limited by this section; or<\/p>\n<p>(b) in case the pension of such person is at the time suspended under this section, then\u2014<\/p>\n<p>(i) if the degree of his disablement is found on such re-assessment to be not less than the relevant minimum, the Minister may, if he so thinks fit, remove such suspension and fix the pension at an amount appropriate under this Part of this Act to the case of a person suffering from a degree of disablement corresponding to the degree so reassessed, or<\/p>\n<p>(ii) if the degree of his disablement is found on such re-assessment to be less than the relevant minimum, such pension shall continue to be suspended without prejudice however to the right of such person to make a further representation under this section within the time limited by this section.<\/p>\n<p>(2) Every increase of a pension or removal of suspension of payment of a pension under this section shall take effect from such date (not being earlier in any case than the 1st day of April, 1932) as the Minister thinks proper and every decrease of a pension or suspension of a pension under this section shall take effect from such date (not being earlier than the date of the reassessment which resulted in such decrease or suspension) as the Minister thinks proper.<\/p>\n<p>(3) In this section the expression \u201crelevant minimum\u201d means, in relation to a disablement attributable to a wound, 20 per cent. and in relation to a disablement attributable to disease, 80 per cent.<\/p>\n<p>(4) Reference in this section to the previous degree of disablement of a person making a representation under this section shall be construed as referring to the degree of disablement by reference to which the amount of the final grant of the pension to such person was made or if the degree of disablement of that person was re-assessed under this section, to the degree of disablement as last re-assessed before the making of such representation.<\/p>\n<p>Application of certain sections of previous Acts.<\/p>\n<p>20.\u2014(1) Sections 5 , 6 , and 9 to 15 of the Act of 1923, as amended by the Act of 1927 and this Act, and sections 17 , 20 , 21 , 23 , and 24 of the Act of 1927 shall apply in respect of pensions, allowances, and gratuities under this Part of this Act, persons who are or claim to be entitled to such pensions, allowances, and gratuities, persons to whom such pensions, allowances, and gratuities are granted, and persons applying for such pensions, allowances, and gratuities as if such pensions, allowances, and gratuities were the pensions, allowances, and gratuities mentioned in those sections respectively.<\/p>\n<p>(2) The reference in section 21 of the Act of 1927 to persons attending in the city or county of Dublin as applicants or witnesses before the Army Pensions Board pursuant to a summons by that Board shall be construed as including a reference to persons attending in the city or county of Dublin as applicants or witnesses before the Military Service Registration Board pursuant to a summons by that Board.<\/p>\n<p>(3) Section 25 (except sub-section (4) thereof) of the Act of 1927 shall apply to persons to whom pensions are granted under this Part of this Act and for the purposes of such application every reference in that section to a pension in relation to any such person shall be construed as a reference to the pension granted to him under this Part of this Act.<\/p>\n<p>(4) The Minister may by order make regulations under section 27 of the Act of 1927 in regard to any matter or thing referred to in this Part of this Act as prescribed, and the said section 27 shall apply to such regulations in like manner as it applies to the regulations mentioned therein.<\/p>\n<p>PART III.<\/p>\n<p>Amendment of the Army Pensions Acts, 1923 and 1927.<\/p>\n<p>Amendment of section 10 of Act of 1923.<\/p>\n<p>21.\u2014Sub-section (3) of section 10 of the Act of 1923 shall be construed and have effect as if for the words \u201cthe Minister\u201d now contained therein there were substituted the words \u201cany Minister or Department of State.\u201d<\/p>\n<p>Amendment of Second and Third Schedules to the Act of 1923.<\/p>\n<p>22.\u2014(1) The Second Schedule to the Act of 1923 is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:\u2014<\/p>\n<p>(a) by the insertion in section 3 of the said Schedule of the word \u201cunmarried\u201d before the word \u201cdaughter\u201d; and<\/p>\n<p>(b) by the insertion in section 5 (c) of the said Schedule of the words \u201cpermanently invalided unmarried\u201d before the word \u201csister\u201d; and<\/p>\n<p>(c) by the insertion in section 6 of the said Schedule of the word \u201cunmarried\u201d before the word \u201csister.\u201d<\/p>\n<p>(2) The Third Schedule to the Act of 1923 is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:\u2014<\/p>\n<p>(a) by the insertion in section 2 of the said Schedule of the words \u201cunmarried and\u201d after the word \u201cdaughters\u201d; and<\/p>\n<p>(b) by the insertion in section 4 (c) of the said Schedule of the words \u201cpermanently invalided unmarried\u201d before the word \u201csister\u201d; and<\/p>\n<p>(c) by the insertion in section 5 of the said Schedule of the word \u201cunmarried\u201d before the word \u201csister.\u201d<\/p>\n<p>(3) Where it appears to the Minister that a person to whom an allowance has been granted under section 3, section 5 (a), section 5 (c) or section 6 of the Second Schedule to the Act of 1923 as amended by this section or under section 3, section 4 (a) or section 4 (c) or section 5 of the Third Schedule to the Act of 1923 as amended by this section has married since the commencement of such allowance or that a person to whom an allowance has been granted under section 5 (c) of the Second Schedule to the Act of 1923, or section 4 (c) of the Third Schedule to the Act of 1923 has recovered, the Minister may reconsider such allowance and, if he thinks fit, reduce or terminate such allowance.<\/p>\n<p>Finality of awards under previous Acts.<\/p>\n<p>23.\u2014(1) Where before the passing of this Act an award of a gratuity under the Acts of 1923 and 1927 in respect of a wound was made or an award of a pension or gratuity under the said Acts in respect of a wound was refused, such award or the refusal of such award (as the case may be) shall, save as is otherwise provided by this section, be final and incapable of reconsideration or review.<\/p>\n<p>(2) Any person to whom an award of a gratuity under the Acts of 1923 and 1927 in respect of a wound was made before the passing of this Act or any person to whom an award of a pension or gratuity under the said Acts in respect of a wound was refused before the passing of this Act solely on the ground that such person was not suffering from any disablement may apply within twelve months after the passing of this Act to the Minister to have the amount of such award or the refusal of such award (as the case may be) re-considered and thereupon the Minister, if he thinks proper so to do, may refer the matter to the Army Pensions Board for re-consideration and may, on the report of the Army Pensions Board, grant such pension or gratuity (if any) as could have been granted if such report had been made when the case was first investigated under the Acts of 1923 and 1927, subject to the limitation that any pension so granted shall commence on whichever of the following dates is the later, that is to say, the 1st day of April, 1932 or the date which is found by the Army Pensions Board to be the date on which the disablement in respect of which such pension is granted first attained to twenty per cent.<\/p>\n<p>Revision of final grants of pensions under the Acts of 1923 and 1927.<\/p>\n<p>24.\u2014(1) Where a final grant of a pension to any person has been made under the Acts of 1923 and 1927, and such person at any time or times within ten years from the date of such final grant represents to the Minister that the degree of his disablement at the time of such representation is, in case such person is then in actual receipt of such pension, ten per cent. or more in excess of his previous degree of his disablement, or in case such pension is then suspended under this section, is not less than the relevant minimum, and furnishes prima facie evidence which is in the opinion of the Minister satisfactory in support of such representation, the Minister may request the Army Pensions Board to re-examine medically such person and re-assess his degree of disablement, and upon such re-assessment being made the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) in case such person is at the time in actual receipt of such pension, then\u2014<\/p>\n<p>(i) if the degree of his disablement is found on such re-assessment to be greater than his previous degree of disablement or less than his previous degree of disablement but not less than the relevant minimum, the Minister may, if he so thinks fit, increase or reduce (in accordance with such assessment) the amount of such pension to an amount appropriate under the said Act to the case of a person suffering from a degree of disablement corresponding to the degree so re-assessed, or<\/p>\n<p>(ii) if the degree of his disablement is found on such re-assessment to be less than the relevant minimum the Minister may, if he so thinks fit, suspend such pension, without prejudice however to the right of such person to make a further representation under this section within the time limited by this section; or<\/p>\n<p>(b) in case the pension of such person is at the time suspended under this section, then\u2014<\/p>\n<p>(i) if the degree of his disablement is found on such re-assessment to be not less than the relevant minimum, the Minister may, if he so thinks fit, remove such suspension and fix the pension at an amount appropriate under the said Act to the case of a person suffering from a degree of disablement corresponding to the degree so re-assessed, or<\/p>\n<p>(ii) if the degree of his disablement is found on such re-assessment to be less than the relevant minimum, such pension shall continue to be suspended without prejudice however to the right of such person to make a further representation under this section within the time limited by this section.<\/p>\n<p>(2) Every increase of a pension or removal of suspension of payment of a pension under this section shall take effect from such date (not being earlier in any case than the 1st day of April, 1932,) as the Minister thinks proper and every decrease of a pension or suspension of a pension under this section shall take effect from such date (not being earlier than the date of the re-assessment which resulted in such decrease or suspension) as the Minister thinks proper.<\/p>\n<p>(3) In this section the expression \u201crelevant minimum\u201d means in relation to a disablement attributable to a wound 20 per cent. and in relation to a disablement attributable to disease 80 per cent.<\/p>\n<p>(4) References in this section to the previous degree of disablement of a person making a representation under this section shall be construed as referring to the degree of disablement by reference to which the amount of the final grant of the pension to such person was made or if the degree of disablement of that person was re-assessed under this section, to the degree of disablement as last so re-assessed before the making of such representation.<\/p>\n<p>Amendment of section 14 of the Act of 1927.<\/p>\n<p>25.\u2014(1) Notwithstanding anything in paragraph (ii) of sub-section (1) of section 14 of the Act of 1927, the Minister shall not on or on account of the death of any person to whom, by virtue of paragraph (e) of the said sub-section, the said sub-section applies grant to the widow or any child of such person any of the allowances or gratuities on re-marriage specified in the appropriate Part of the Sixth Schedule to the Act of 1927 in respect of widows and children unless, in case of the widow, she was married to such person before his discharge from the forces or, in the case of the children, such children are the children of a marriage contracted before his discharge from the forces.<\/p>\n<p>(2) No allowance or gratuity shall after the passing of this Act be granted under sub-section (2) of section 14 of the Act of 1927 to the widow or child of an officer unless the marriage of such widow to such officer took place before the 1st day of October, 1924.<\/p>\n<p>Amendment of section 18 of the Act of 1927.<\/p>\n<p>26.\u2014Sub-sections (2) and (3) of section 18 of the Act of 1927 are hereby repealed and in lieu thereof it is hereby enacted as follows, that is to say:\u2014<\/p>\n<p>(a) every application by a person discharged from the forces (whether before or after the passing of this Act) for the grant of a wound pension, or gratuity under the Act of 1923 as amended by the Act of 1927 or under the Act of 1927 on account of a wound attributable to service shall be made within twelve months after the day on which such wound was received or the date of the passing of this Act, whichever is the later;<\/p>\n<p>(b) every application for the grant of a disability pension under the Act of 1927 shall be made within twelve months after the date of the passing of this Act.<\/p>\n<p>Time limit for application for allowances and gratuities under the Act of 1927 by widows, children and dependants of certain persons.<\/p>\n<p>27.\u2014(1) Where\u2014<\/p>\n<p>(a) a person dies more than twelve months after the date of the passing of this Act, and<\/p>\n<p>(b) such person&#8217;s death is due to disease, and<\/p>\n<p>(c) such person was not immediately before his death in receipt of a disability pension under the Act of 1927 in respect of such disease, and<\/p>\n<p>(d) such person did not within twelve months after the date of the passing of this Act duly apply for a disability pension in respect of such disease,<\/p>\n<p>no claim in respect of the death of such person for an allowance or gratuity under the Act of 1927 by the widow or any child or dependant of such person shall be entertained.<\/p>\n<p>(2) Nothing in this section shall be construed as limiting the operation of sub-section (5) of section 18 of the Act of 1927.<\/p>\n<p>Amendment of Sixth and Seventh Schedules to the Act of 1927.<\/p>\n<p>28.\u2014(1) The Sixth Schedule to the Act of 1927 is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:\u2014<\/p>\n<p>(a) by the insertion in section 3 of Part I of the said Schedule of the word \u201cunmarried\u201d before the word \u201cdaughter\u201d; and<\/p>\n<p>(b) by the insertion in section 5 (c) of the said Part I of the words \u201cpermanently invalided unmarried\u201d before the word \u201csister\u201d; and<\/p>\n<p>(c) by the insertion in section 6 of the said Part I of the word \u201cunmarried\u201d before the word \u201csister\u201d; and<\/p>\n<p>(d) by the insertion in section 2 of Part II of the said, Schedule of the words \u201cunmarried and\u201d after the word \u201cdaughters\u201d; and<\/p>\n<p>(e) by the insertion in section 4 (c) of the said Part II of the words \u201cpermanently invalided unmarried\u201d before the word \u201csister\u201d; and<\/p>\n<p>(f) by the insertion in section 5 of the said Part II of the word \u201cunmarried\u201d before the word \u201csister.\u201d<\/p>\n<p>(2) The Seventh Schedule to the Act of 1927 is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:\u2014<\/p>\n<p>(a) by the insertion in section 3 of Part I of the said Schedule of the words \u201cwho are in the case of sons under the age of 18 and in the case of daughters unmarried and\u201d after the word \u201cchildren\u201d; and<\/p>\n<p>(b) by the insertion in section 2 of Part II of the said, Schedule of the words \u201cwho are in the case of sons under the age of 18 and in the case of daughters unmarried and\u201d after the word \u201cchildren.\u201d<\/p>\n<p>(3) Where it appears to the Minister that a woman to whom an allowance has been granted under section 3, section 5 (a), section 5 (c), or section 6 of Part I of the Sixth Schedule of the Act of 1927 as amended by this section or under section 2, section 4 (a), section 4 (c), or section 5 of Part II of that Schedule or under section 3 of Part I of the Seventh Schedule to the Act of 1927 as amended by this section or under section 2 of Part II of that Schedule has been married since the commencement of such allowance or that a person to whom an allowance has been granted under section 5 (c) of Part I of the said Schedule or under section 4 (c) of Part II of the said Schedule has recovered, the Minister may reconsider and, if he thinks fit, reduce or terminate such allowance.<\/p>\n<p>FIRST SCHEDULE.<\/p>\n<p>Rates of Pensions.<\/p>\n<p>Degree of Disablement<\/p>\n<p>Disablement Pension<\/p>\n<p>Married Pension<\/p>\n<p>per cent.<\/p>\n<p>per annum<\/p>\n<p>per<\/p>\n<p>week<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>100<\/p>\n<p>\u00a3150<\/p>\n<p>11<\/p>\n<p>3<\/p>\n<p>90<\/p>\n<p>\u00a3135<\/p>\n<p>10<\/p>\n<p>0<\/p>\n<p>80<\/p>\n<p>\u00a3120<\/p>\n<p>9<\/p>\n<p>0<\/p>\n<p>70<\/p>\n<p>\u00a3105<\/p>\n<p>7<\/p>\n<p>9<\/p>\n<p>60<\/p>\n<p>\u00a3 90<\/p>\n<p>6<\/p>\n<p>9<\/p>\n<p>50<\/p>\n<p>\u00a3 75<\/p>\n<p>5<\/p>\n<p>6<\/p>\n<p>40<\/p>\n<p>\u00a3 60<\/p>\n<p>4<\/p>\n<p>6<\/p>\n<p>30<\/p>\n<p>\u00a3 45<\/p>\n<p>3<\/p>\n<p>3<\/p>\n<p>20<\/p>\n<p>\u00a3 30<\/p>\n<p>2<\/p>\n<p>3<\/p>\n<p>Note.\u2014The degrees of disablement mentioned in the first column shall be taken to refer to the degrees of disablement as measured by the Fourth Schedule to the Act of 1927.<\/p>\n<p>SECOND SCHEDULE.<\/p>\n<p>Allowances and Gratuities to Dependants.<\/p>\n<p>PART I.<\/p>\n<p>1. Widow<\/p>\n<p>\u00a367 10s. per annum during widowhood, and a gratuity of \u00a390 on first re-marriage.<\/p>\n<p>2. Each son under the age of 18<\/p>\n<p>(a) While mother is living, \u00a318 per annum.<\/p>\n<p>(b) After death of mother, \u00a330 per annum.<\/p>\n<p>3. Each unmarried daughter under the the age of 21.<\/p>\n<p>(a) While mother is living, \u00a318 per annum.<\/p>\n<p>(b) After death of mother \u00a330 per annum.<\/p>\n<p>4. Each child of or over the age of 12 and under the age of 18.<\/p>\n<p>Repayment of amount proved to have been in fact necessarily and properly expended in educational fees, but not exceeding \u00a326 in any one calendar year.<\/p>\n<p>PART II.<\/p>\n<p>5. (a) Mother<\/p>\n<p>(b) Father over 60 years of age or incapacitated by ill-health<\/p>\n<p>(c) Permanently invalided brother or permanently invalided unmarried sister<\/p>\n<p>(d) Grandparents<\/p>\n<p>One allowance at the rate of 15s. per week. If there are two or more such dependants, only one allowance shall be payable to such one of the dependants as the Minister for Defence shall direct.<\/p>\n<p>6. Each brother under the age of 18, and each unmarried sister under the age of 21<\/p>\n<p>An allowance of 5s. per week, but the total allowances under this section shall not in the case of any deceased person exceed 15s. per week, and no allowance shall be payable under this section in any case in which any allowance is payable under any of the foregoing sections.<\/p>\n<p>PART III.<\/p>\n<p>7. No allowance shall be payable to any person under Part II of this Schedule unless such person was, at the date of the death of the deceased person in respect of whom such allowance is claimed, wholly dependent on such deceased person.<\/p>\n<p>8. Where a deceased person leaves persons partially dependent on him, such persons shall not be granted any allowances, but in necessitous cases or other special circumstances a gratuity or gratuities may be granted to all or any of such partial dependants. The total amount of the gratuities granted under this paragraph in respect of any one deceased person shall not exceed the sum of \u00a3112 10s.<\/p>\n<p>9. Whenever any dependant was wholly or partially dependent on more than one deceased person, such dependant shall not receive, in respect of such deceased persons, allowances or gratuitites exceeding in the whole the maximum allowance which would be granted to such dependant under Part II of this Schedule in respect of any one of such deceased persons.<\/p>\n<p>10. Whenever it appears to the Minister that a woman to whom an allowance has been granted under Section 3 of Part I of this Schedule or under Sections 5 (a) or 5 (c) of Part II of this Schedule has married since the commencement of such allowance or that a person to whom an allowance has been granted under Section 5 (c) of the said Part II has recovered, the Minister may reconsider such allowance and, if he thinks fit, reduce or terminate such allowance.<\/p>\n<p>11. No gratuity under Section 8 of Part III of this Schedule shall be payable to the widower of a deceased member of Cumann na mBan and no allowance under Part I of this Schedule or a gratuity under Section 8 of Part III of this Schedule shall be payable in respect of any child of a deceased member of Cumann na mBan during the lifetime of the father of such child, unless the Minister is satisfied, that suchfather is unable to support such child.<\/p>\n<h2>MILITARY SERVICE PENSIONS ACT, 1934.<\/h2>\n<p>AN ACT TO AMEND AND EXTEND THE MILITARY SERVICE PENSIONS ACTS, 1924 TO 1930. [13th September, 1934.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS OF SAORST\ufffd?T EIREANN AS FOLLOWS:\u2014<\/p>\n<p>Definitions.<\/p>\n<p>1.\u2014In this Act\u2014<\/p>\n<p>the expression \u201cthe Minister\u201d means the Minister for Defence;<\/p>\n<p>the expression \u201cthe Act of 1924\u201d means the Military Service Pensions Act, 1924 (No. 48 of 1924);<\/p>\n<p>the expression \u201cthe Act of 1925\u201d means the Military Service Pensions Act, 1925 (No. 15 of 1925);<\/p>\n<p>the expression \u201cthe Act of 1930\u201dmeans the Military Service Pensions Act, 1930 (No. 8 of 1930);<\/p>\n<p>the expression \u201cthe Forces\u201d means the following military bodies, that is to say:\u2014<\/p>\n<p>(a) Oglaigh na hEireann (Irish Republican Army),<\/p>\n<p>(b) The Irish Volunteers,<\/p>\n<p>(c) The Irish Citizen Army,<\/p>\n<p>(d) Fianna Eireann,<\/p>\n<p>(e) The Hibernian Rifles,<\/p>\n<p>(f) Cumann na mBan;<\/p>\n<p>the expression \u201cthe first critical date\u201d means the 11th day of July, 1921;<\/p>\n<p>the expression \u201cthe second critical date\u201d means\u2014<\/p>\n<p>(a) in the case of a person who served in the Forces on the 1st day of July, 1922, the 1st day of July, 1922, and<\/p>\n<p>(b) in the case of a person who did not serve in the Forces on the 1st day of July, 1922, but who served in the Forces at any time during the period commencing on the 2nd day of July, 1922, and ending on the 30th day of September, 1923, the date during that period on which such person first served in the Forces;<\/p>\n<p>the expression \u201ccertificate of military service\u201d means a certificate granted under section 2 of the Act of 1924;<\/p>\n<p>the word \u201cprescribed\u201d means prescribed by regulations made by the Minister under this Act.<\/p>\n<p>Service in the Forces.<\/p>\n<p>2.\u2014(1) A person shall for the purposes of this Act be deemed to have been serving in the Forces while such person was rendering active service in any of the bodies which constitute the Forces and, in the case of a person who served as a member of the Irish Volunteer Executive or of the Headquarters Staff of Oglaigh na hEireann (Irish Republican Army) or in the Intelligence Branch of any of the bodies which constitute the Forces, while such person was so serving.<\/p>\n<p>(2) The following circumstances shall not be deemed to constitute a breach in the continuity of service in the Forces for the purposes of this Act, that is to say:\u2014<\/p>\n<p>(a) absence from duty following arrest, imprisonment, internment or deportation under the Defence of the Realm Act, 1914, the Restoration of Order in Ireland Act, 1920, or any regulations made thereunder;<\/p>\n<p>(b) absence from duty following arrest, imprisonment or penal servitude in respect of sedition, treason or treason felony prior to the 11th day of July, 1921;<\/p>\n<p>(c) absence from duty by reason of duties necessitating such absence undertaken at the instance of or on behalf of the Cabinet of the First D\u00e1il Eireann or of the Second D\u00e1il Eireann;<\/p>\n<p>(d) absence from duty while under arrest, as a result of activities as a member of the Forces.<\/p>\n<p>Persons to whom this Act applies.<\/p>\n<p>3.\u2014(1) This Act applies to every person\u2014<\/p>\n<p>(a) who served in the Forces at any time during the week commencing on the 23rd day of April, 1916, or who served in the Forces continuously during either of the following periods, that is to say, the period commencing on the 1st day of April, 1920, and ending on the 31st day of March, 1921, and the period commencing on the 1st day of April, 1921, and ending on the 11th day of July, 1921, and<\/p>\n<p>(b) who served in the Forces at any time during the period commencing on the 1st day of July, 1922, and ending on the 30th day of September, 1923, and<\/p>\n<p>(c) who is not a person to whom the Act of 1924 applies.<\/p>\n<p>(2) Where a person who is not a person to whom the Act of 1924 applies and who is not a person to whom, by virtue of the preceding sub-section of this section, this Act applies, has either\u2014<\/p>\n<p>(a) served in the Forces at any time during the week commencing on the 23rd day of April, 1916, or<\/p>\n<p>(b) served in the Forces continuously during the period commencing on the 1st day of April, 1921, and ending on the 11th day of July, 1921,<\/p>\n<p>this Act shall, notwithstanding anything contained in the foregoing sub-section of this section, apply to such person, but with and subject to the modification that, in respect of such person, the expression \u2018the first critical date\u2019 shall be construed as meaning the date during the said week or, if he did not serve during the said week, during the said period, on which he first served in the Forces in such week or such period (as the case may be) and the expression \u2018the second critical date\u2019 shall be construed as meaning the earliest date in the period between the first critical date in respect of such person and the 12th day of July, 1921, on which such person held his highest rank in such last-mentioned period in the Forces.<\/p>\n<p>(3) The Act of 1924 shall, for the purposes of this section, be deemed not to apply to a person to whom that Act in fact applies but in respect of whom the Minister is satisfied either that because of such person having served in the Forces he did not apply for a certificate of military service under the said Act or that such person was refused such certificate because of his having been sentenced to imprisonment or penal servitude in respect of an act done by him in the execution of his duty as a member of the Forces.<\/p>\n<p>Notional grades of rank.<\/p>\n<p>4.\u2014(1) For the purposes of this Act the following shall be deemed to have been the grades of rank in the Forces, that is to say:\u2014<\/p>\n<p>(a) Rank A;<\/p>\n<p>(b) Rank B;<\/p>\n<p>(c) Rank C;<\/p>\n<p>(d) Rank D;<\/p>\n<p>(e) Rank E.<\/p>\n<p>(2) For the purposes of this Act any grade of rank specified in any paragraph of the immediately preceding sub-section shall be deemed to be senior to any grade of rank specified in a subsequent paragraph of the said sub-section.<\/p>\n<p>(3) References in this Act to the grade of rank held in the Forces at a particular date by a person to whom this Act applies shall be construed as references to the grade of rank deemed to have been held by him at such date as ascertained in accordance with the rules set out in the First Schedule to this Act.<\/p>\n<p>The Referee.<\/p>\n<p>5.\u2014(1) For the purposes of this Act there shall be a referee (in this Act referred to as the Referee).<\/p>\n<p>(2) The Executive Council shall as soon as may be necessary after the passing of this Act and thereafter as occasion requires appoint on the recommendation of the Minister a person who at the date of his appointment is a judge of the Supreme Court, the High Court or the Circuit Court, or a Justice of the District Court, or a practising barrister of at least ten years&#8217; standing to be the Referee, and any person so appointed shall hold office during the pleasure of the Executive Council.<\/p>\n<p>(3) Whenever the Referee is through ill-health or other sufficient cause temporarily incapacitated from performing the duties of his office, the Executive Council may on the recommendation of the Minister appoint a person who at the date of his appointment is a judge of the Supreme Court, the High Court or the Circuit Court, or a Justice of the District Court or a practising barrister of at least ten years&#8217; standing to perform during such incapacity the duties of the Referee, and every person so appointed shall during such incapacity have all the powers of the Referee.<\/p>\n<p>(4) There may be paid out of moneys provided by the Oireachtas to the Referee or any person appointed under the immediately preceding sub-section such fees or remuneration as the Minister for Finance may determine.<\/p>\n<p>(5) The Minister may make rules regulating the procedure of the Referee.<\/p>\n<p>(6) The Referee may for the purpose of carrying out the duties imposed on him by this Act, make all such inquiries as he may deem necessary.<\/p>\n<p>(7) The Referee shall have all such powers, rights and privileges for enforcing the attendance of witnesses and examining them on oath (which he is hereby authorised to administer) or otherwise, and for compelling the production of documents as are vested in the High Court, or a judge thereof in respect of the trial of an action, and a summons signed by the Referee shall be equivalent to and have the like effect as a formal process issued by the High Court for enforcing the attendance of witnesses and compelling the production of documents.<\/p>\n<p>(8) If any person\u2014<\/p>\n<p>(a) on being duly summoned as a witness before the Referee makes default in attending, or<\/p>\n<p>(b) being in attendance as a witness refuses to take an oath legally required by the Referee to be taken, or to produce any document in his power and control legally required by the Referee to be produced by him, or to answer any question to which the Referee may legally require an answer, or<\/p>\n<p>(c) does any other thing which would, if the Referee were a Court of Justice, having power to commit for contempt of court, be contempt of such court,<\/p>\n<p>the Referee may certify the offence of that person under his hand to the High Court and that court may, after such inquiry as it thinks proper to make, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the said court.<\/p>\n<p>Advisory Committee.<\/p>\n<p>6.\u2014(1) There shall be established a committee to be styled and known as the Advisory Committee (in this section referred to as the Committee) to sit with the Referee and assist him in the exercise of his functions under this Act.<\/p>\n<p>(2) The Committee shall consist of four members, that is to say:\u2014<\/p>\n<p>(a) two members, being persons who held high rank in the Forces before the 11th day of July, 1921, who shall be nominated by and hold office during the pleasure of the Executive Council;<\/p>\n<p>(b) a member who shall be nominated by and hold office during the pleasure of the Minister for Finance; and<\/p>\n<p>(c) a member who shall be nominated by and hold office during the pleasure of the Minister.<\/p>\n<p>(3) Whenever a member of the Committee is, through illhealth or other sufficient cause, temporarily incapacitated from performing his duties as such member, the authority by whom such member was appointed may appoint another person to be a member of the Committee in place of the member so incapacitated for so long as such incapacity continues.<\/p>\n<p>(4) There may be paid out of moneys provided by the Oireachtas to any member of the Committee such fees or remuneration as the Minister for Finance may determine.<\/p>\n<p>Applications for service certificates.<\/p>\n<p>7.\u2014(1) Any person who claims to be a person to whom this Act applies may send to the Minister an application for the grant to him of a certificate (in this Act referred to as a service certificate) that he is a person to whom this Act applies.<\/p>\n<p>(2) Every application under this section shall be made within the prescribed time and shall be in the prescribed form and contain the prescribed particulars.<\/p>\n<p>Reference of applications to the Referee and report thereon.<\/p>\n<p>8.\u2014(1) The Minister shall refer every application for a service certificate to the Referee and thereupon the Referee shall investigate such application and make a report to the Minister thereon in accordance with this section.<\/p>\n<p>(2) Every report by the Referee on an application for the grant of a service certificate referred to him shall contain findings on the following matters, that is to say:\u2014<\/p>\n<p>(a) whether the applicant is or is not a person to whom this Act applies;<\/p>\n<p>(b) if the Referee finds that the applicant is a person to whom this Act applies\u2014<\/p>\n<p>(i) the service periods during which the applicant served in the Forces, the particular military body or bodies (being part of the Forces) in which he served during each such service period, and the duration within each such period of his service in each such body, and<\/p>\n<p>(ii) the grade of rank in the Forces held by him on the second critical date, and, if he was serving in the Forces on the first critical date, the grade of rank held by him on that date,<\/p>\n<p>(iii) such other matters as may be prescribed.<\/p>\n<p>(3) Every report made by the Referee under this section shall be in the prescribed form.<\/p>\n<p>(4) The onus of proving before the Referee any matters of fact alleged in an application for a service certificate shall rest on the applicant and he shall be at liberty to offer such evidence as he may consider necessary to discharge such onus.<\/p>\n<p>(5) Where a report has been made by the Referee under this section on an application for a service certificate, the Minister may, on the ground that evidence not available prior to the making of such report has since become available, request the Referee to review such report, and the Referee shall thereupon review such report and, after considering such additional evidence and any evidence which the person to whom such report relates may adduce, may either, as he thinks proper, confirm or vary such report.<\/p>\n<p>(6) Where the Minister requests the Referee to review a report under this section on the grounds that evidence not available prior to the making of such report has since become available, he shall inform the person to whom such report relates of such request, and, unless such request was made on the motion of such person, furnish him with a statement of such evidence.<\/p>\n<p>(7) In this Act the expression \u201ca report under this Act\u201d means a report made by the Referee under sub-section (1) of this section, with such (if any) variations therein as may have been made under sub-section (5) of this section.<\/p>\n<p>(8) For the purposes of this section each of the periods specified in the second column of the Appendix to Rule 1 of the Second Schedule to this Act shall be a service period.<\/p>\n<p>Conclusiveness of report of Referee.<\/p>\n<p>9.\u2014The findings of the Referee as set out in a report under this Act shall, subject to any revision of such report made by the Referee under the subsequent provisions of this Act, be final and conclusive and binding on all persons and tribunals whatsoever.<\/p>\n<p>Grant of service certificates.<\/p>\n<p>10.\u2014(1) Where it appears from a report under this Act that the person to whom such report relates is not a person to whom this Act applies, the Minister shall refuse to grant to such person a service certificate.<\/p>\n<p>(2) Where it appears from a report under this Act that the person to whom such report relates is a person to whom this Act applies, the Minister shall, subject to the provisions of this section, grant to such person a service certificate.<\/p>\n<p>(3) The Minister may in his absolute discretion refuse to grant a service certificate to any applicant therefore who shall have been sentenced by a court of competent jurisdiction in Saorst\u00e1t Eireann or elsewhere to suffer imprisonment with or without hard labour for any term exceeding three months or any term of penal servitude.<\/p>\n<p>Grant of pension.<\/p>\n<p>11.\u2014(1) The Minister may, with the sanction of the Minister for Finance and subject to the provisions of this Act, grant to any person who has been granted a service certificate a pension payable, subject to the provisions of this Act, during his life.<\/p>\n<p>(2) Every pension granted, under this Act shall commence as on and from the 1st day of October, 1934.<\/p>\n<p>(3) No person shall receive a pension under this Act unless money for the payment of such pension shall have been voted by the Oireachtas.<\/p>\n<p>(4) The amount of a pension which may be granted to any person under this Act shall be calculated in accordance with the rules applicable to his case set out in the Second Schedule to this Act.<\/p>\n<p>Revocation of pension under this Act by the Executive Council.<\/p>\n<p>12.\u2014(1) Subject to the provisions of this section, the Executive Council may at any time by order revoke for reasons stated in such order any pension granted under this Act.<\/p>\n<p>(2) No such pension shall be so revoked unless or until the reasons for such proposed revocation have been communicated in writing to the person in receipt of the pension and such person has been given a reasonable opportunity of making to the Executive Council such explanation, answer, or other case as the may think proper in relation to such proposed revocation or the reasons therefore.<\/p>\n<p>(3) Every order made by the Executive Council under this section shall be published in the Iris Oifig\u00fail as soon as may be after it is made.<\/p>\n<p>Revocation and reduction of pensions under the Act of 1924 and this Act by the Minister.<\/p>\n<p>13.\u2014(1) Where\u2014<\/p>\n<p>(a) in consequence of a report under the Act of 1924 a certificate of military service has been granted, or<\/p>\n<p>(b) in consequence of a report under this Act a service certicate has been granted,<\/p>\n<p>the Minister may, on the ground that evidence not available prior to the making of such report has since become available, at any time request the Referee to review such report, and the Referee shall thereupon review such report and, after nearing such additional evidence and any evidence which the person to whom such report relates may adduce, may, either as he thinks proper, confirm or vary such report.<\/p>\n<p>(2) Where the Minister requests the Referee to review under this section a report under the Act of 1924 or a report under this Act on the ground that evidence not available prior to the making of such report has since become available, he shall inform the person to whom such report relates of such request and furnish him with a statement of such evidence.<\/p>\n<p>(3) Where a report under the Act of 1924 is varied by the Referee under this section, the reference contained in sub-section (6) of section 3 of the Act of 1924, as amended by section 2 of the Act of 1930, to the findings of the board of assessors set out in such report shall be construed as a reference to the said findings as set out in such report as so varied.<\/p>\n<p>(4) Where\u2014<\/p>\n<p>(a) the Referee on the review under this section of a report under the Act of 1924 or a report under this Act varies such report, and<\/p>\n<p>(b) it appears from such report as varied that the person to whom such report relates is not, in case such report is a report under the Act of 1924, a person to whom that Act applies or, in case such report is a report under this Act, a person to whom this Act applies:<\/p>\n<p>the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(i) in case such report is a report under the Act of 1924, the Minister shall revoke the certificate of service granted to such person, and shall, if a pension under the Act of 1924 has been granted to such person, by order revoke, as from a date not being earlier than the date of such order, such pension, and<\/p>\n<p>(ii) in case such report is a report under this Act, the Minister shall revoke the service certificate granted to such person, and shall, if a pension under this Act has been granted to such person, by order revoke, as from a date not being earlier than the date of such order, such pension.<\/p>\n<p>(5) Where\u2014<\/p>\n<p>(a) the Referee on the review under this section of a report under the Act of 1924 varies such report, and<\/p>\n<p>(b) it appears from such report as varied that the person to whom such report relates is a person to whom the Act of 1924 applies,<\/p>\n<p>the Minister shall alter the certificate of military service granted to such person so as to conform with such report as so varied, and shall, if a pension under the Act of 1924 was granted to such person and such pension was not revoked under the Act of 1925 and the amount of such pension is greater than the amount which would have been granted if such report as originally made had been in the same terms as such report as varied, by order reduce, from such date not being earlier than the date of such order, such pension to the amount which would have been the proper amount thereof under the Act of 1924, if such report as originally made had been in the same terms as such report after such variation.<\/p>\n<p>(6) Where\u2014<\/p>\n<p>(a) the Referee on the review under this section of a report under this Act varies such report, and<\/p>\n<p>(b) it appears from such report as varied that the person to whom such report relates is a person to whom this Act applies,<\/p>\n<p>the Minister shall alter the service certificate granted to such person so as to conform with such report as so varied, and shall, if a pension under this Act was granted to such person and such pension was not revoked under this Act, and the amount of such pension is greater than the amount which would have been granted if such report as originally made had been in the same terms as such report as varied, by order reduce, from such date not being earlier than the date of such order, such pension to the amount which would have been the proper amount thereof under this Act if such report as originally made had been in the same terms as such report after such variation.<\/p>\n<p>(7) In this section\u2014<\/p>\n<p>the expression \u201creport under the Act of 1924\u201d means a report (including any report varied under sub-section (6) of section 3 of the Act of 1924) made by the board of assessors under the Act of 1924 on an application for a certificate of military service.<\/p>\n<p>Delivery of certificates of military service and service certificates to Minister.<\/p>\n<p>14.\u2014(1) Where\u2014<\/p>\n<p>(a) a certificate of military service or a service certificate has been issued to any person, and<\/p>\n<p>(b) the Minister is required by the immediately preceding section to revoke or amend such certificate,<\/p>\n<p>the Minister shall send by registered post addressed to such person at his last known residence a notice requiring such person to send such certificate to the Minister within such time after the service of such notice as may be specified in such notice.<\/p>\n<p>(2) If any person upon whom a notice under this section has been served fails to comply with such notice such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and a further fine not exceeding one pound for every day during which such offence is continued.<\/p>\n<p>Prohibition of assignment etc. of pensions.<\/p>\n<p>15.\u2014(1) Every assignment of and every charge on and every agreement to assign or charge any pension under this Act shall, except so far as the same is authorised by an Act for the time being in force, be null and void.<\/p>\n<p>(2) No pension granted under this Act shall be capable of being taken in execution or otherwise alienated by process of law for the payment of any debts or liabilities of the person to whom such pension is granted under this Act.<\/p>\n<p>(3) Nothing in this section shall prevent the deduction from any pension payable under this Act of any moneys which may be due or owing to any Minister, head of a Department of state, or any public department of the Government of Saorst\u00e1t Eireann by the person to whom such pension is payable.<\/p>\n<p>Amendment of section 4 of the Act of 1924.<\/p>\n<p>16.\u2014Where a certificate of military service is granted to any person after the date of the passing of this Act and a pension under the Act of 1924 is granted to such person, such pension shall, notwithstanding anything contained in sub-section (1) of section 4 of the Act of 1924, commence as from the 1st day of October, 1934, or the day of his discharge from the Defence Forces of Saorst\u00e1t Eireann, whichever of those dates shall be the later.<\/p>\n<p>Amendment of section 5 of the Act of 1924.<\/p>\n<p>17.\u2014 Section 5 of the Act of 1924 shall be construed and have effect as if there were substituted in sub-section (3) thereof the words \u201cany Minister, head of a Department of State, or any public department of the Government of Saorst\u00e1t Eireann\u201d for the words \u201cthe Minister\u201d now contained therein.<\/p>\n<p>Forfeiture of pensions.<\/p>\n<p>18.\u2014(1) If any person to whom a pension has been granted under this Act is, during the continuance of such pension, convicted of any crime or offence by a court of competent jurisdiction in Saorst\u00e1t Eireann and is sentenced by that Court for that crime or offence to imprisonment with or without hard labour for any term exceeding three months, or to penal servitude for any term, the pension so granted to such person shall be forfeited as from the date of such conviction.<\/p>\n<p>(2) If any such conviction and sentence as aforesaid is quashed or annulled, the forfeiture of a pension under this Act consequent on such conviction and sentence shall be deemed to have been quashed and annulled also, and such pension shall be thereupon revived and payable together with all arrears thereof accruing since the date of such conviction.<\/p>\n<p>Offences.<\/p>\n<p>19.\u2014(1) If any person with a view to obtaining either for himself or any other person a grant or payment of a pension under this Act makes, signs, or uses any declaration, application or other written statement knowing the same to be false, 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 to imprisonment for a period not exceeding six months or at the discretion of the court to both such fine and imprisonment.<\/p>\n<p>(2) If any person so convicted as aforesaid is in receipt of a pension obtained by reason of such false declaration, application, or other written statement he shall forfeit such pension as from the date of such conviction.<\/p>\n<p>(3) For the purpose of proceedings in respect of any offence under this section, the offence shall be deemed to have been committed either at the place where it was actually committed or at the place where the offender may happen to be.<\/p>\n<p>Suspension of pensions and prohibition of double pensions.<\/p>\n<p>20.\u2014(1) If any person to whom a pension is payable under this Act shall at any time during the continuance of such pension be in receipt of any remuneration, pension, or allowance payable out of public moneys, whether provided by the Oireachtas or out of the Central Fund or by means of the poor rate or any other rate imposed by a local authority, the pension payable to such person under this Act shall be suspended to an extent calculated according to the provisions contained in the Third Schedule to this Act while he is in receipt of such remuneration, pension, or allowance as aforesaid.<\/p>\n<p>(2) A person shall not be entitled to reckon the same period of time both for the purpose of a pension under this Act and also for the purpose of a superannuation allowance under the Superannuation Acts, 1834 to 1923, or of a pension or allowance under section 5 of the Superannuation and Pensions Act, 1923 (No. 34 of 1923), as amended by any subsequent enactment, but any such person may, if he so desires, surrender his pension under this Act, and reckon for such superannuation allowance, pension or allowance and in the manner specified in the Second Schedule to this Act any period of time which but for this section he could have reckoned for both the purposes aforesaid.<\/p>\n<p>(3) The expression \u201cperiod of time\u201d in the immediately preceding sub-section shall, in relation to a person to whom a pension or allowance has been or shall hereafter be granted under section 5 of the Superannuation and Pensions Act, 1923 , as amended by any subsequent enactment, include any period whether actual or notional which such person is or shall be entitled to reckon in calculating the amount of such pension or allowance.<\/p>\n<p>Regulations.<\/p>\n<p>21.\u2014The Minister may by order make regulations in relation to any matter or thing referred to in this Act as prescribed.<\/p>\n<p>Expenses.<\/p>\n<p>22.\u2014All expenses, for which provision is not otherwise made in this Act, incurred in carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.<\/p>\n<p>Short title and citation.<\/p>\n<p>23.\u2014This Act may be cited as the Military Service Pensions Act, 1934, and the Military Service Pensions Acts, 1924 to 1930, and this Act may be cited together as the Military Service Pensions Acts, 1924 to 1934.<\/p>\n<p>FIRST SCHEDULE.<\/p>\n<p>Rules for Determining Notional Grades of Rank in the Forces Held by Persons Serving in the Forces.<\/p>\n<p>1.\u2014(1) Any person who at any date was either Chief of Staff, Deputy Chief of Staff, Adjutant-General, a Divisional Officer Commanding, or Quartermaster-General shall be deemed to have held at that date Rank A.<\/p>\n<p>(2) Any person who at any date was either\u2014<\/p>\n<p>(a) a General Headquarters Officer acting as Director of any one of the following services, namely, Organisation, Intelligence, Engineering and Munitions, or<\/p>\n<p>(b) a Brigade Officer Commanding whose brigade was at that date not less than one thousand in strength,<\/p>\n<p>shall be deemed to have held at that date Rank B.<\/p>\n<p>(3) Any person who at any date was either\u2014<\/p>\n<p>(a) a Brigade Officer Commanding whose brigade at that date was less than one thousand in strength, or<\/p>\n<p>(b) a Divisional Vice Officer Commanding, or<\/p>\n<p>(c) a Divisional Adjutant, or<\/p>\n<p>(d) a Divisional Quartermaster, or<\/p>\n<p>(e) a Battalion Commandant whose battalion was at that date not less than three hundred in strength, or<\/p>\n<p>(f) a Brigade Vice Officer Commanding whose brigade was at that date not less than one thousand in strength, or<\/p>\n<p>(g) a Brigade Adjutant whose brigade was at that date not less than one thousand in strength, or<\/p>\n<p>(h) a Brigade Quartermaster whose brigade was at that date not less than one thousand in strength, or<\/p>\n<p>(i) a Column Commander whose column was at that date not less than thirty in strength, or<\/p>\n<p>(j) a General Headquarters Officer who at that date was acting as Director of Medical Services, or<\/p>\n<p>(k) a General Headquarters Officer who at that date was acting as Director of any Service, other than that of Medical Services, or one of the Services mentioned in sub-paragraph (a) of the immediately preceding paragraph,<\/p>\n<p>shall be deemed to have held at that date Rank C.<\/p>\n<p>(4) A person who at any date\u2014<\/p>\n<p>(a) was a Battalion Commandant whose battalion at that date was less than three hundred in strength, or<\/p>\n<p>(b) was a Company Captain whose company at that date was not less than sixty in strength, or<\/p>\n<p>(c) was, at that date, a Captain on the General Headquarters Staff or on a Divisional Staff, or<\/p>\n<p>(d) was, in the case of a company which at that date was not less than one hundred and twenty in strength, where the company had at that date one Lieutenant only, such Lieutenant or, where the company had at that date two Lieutenants only, one or other of such Lieutenants or, where the company had at that date three or more Lieutenants, one or other of the two Lieutenants who were at that date respectively second and third in command, or<\/p>\n<p>(e) was, in the case of a company which at that date was less than one hundred and twenty in strength but not less than one hundred in strength, where such company had at that date one Lieutenant only, such Lieutenant or, where such company had at that date two or more Lieutenants, the Lieutenant who was at that date second in command, or<\/p>\n<p>(f) was a Brigade Officer, other than a Brigade Officer who is deemed by virtue of paragraph (2) or (3) of this Rule to have held at that date either Rank B or Rank C, or<\/p>\n<p>(g) was a Battalion Vice Officer Commanding whose battalion at that date was not less than one hundred in strength, or<\/p>\n<p>(h) was a Battalion Adjutant whose battalion was at that date not less than one hundred in strength, or<\/p>\n<p>(i) was a Battalion Quartermaster whose battalion was at that date not less than one hundred in strength, or<\/p>\n<p>(j) was a General Headquarters Officer other than a General Headquarters Officer who was at that date acting as a Director of any Service, or<\/p>\n<p>(k) was a Divisional Officer other than a Divisional Officer Commanding, a Divisional Vice Officer Commanding, a Divisional Adjutant or a Divisional Quartermaster, or<\/p>\n<p>(l) was a Column Commander whose column at that date was less than thirty in strength, or<\/p>\n<p>(m) was a Medical Officer other than a General Headquarters Officer who at that date was acting as Director of Medical Services,<\/p>\n<p>shall be deemed to have held at that date Rank D.<\/p>\n<p>(5) Any person who complies with the following conditions, namely\u2014<\/p>\n<p>(a) was at any date an officer, and<\/p>\n<p>(b) is not deemed by virtue of any of the preceding paragraphs of this Rule to have held at that date any grade of rank,<\/p>\n<p>shall be deemed for the purposes of this Act to have held at that date Rank E.<\/p>\n<p>(6) Any person who at any date held the rank of non-commissioned officer or private shall be deemed to have held at that date Rank E.<\/p>\n<p>(7) None of the foregoing provisions of this Rule shall apply to any person who at any date was a member of Fianna Eireann or of Cumann na mBan and was not at any date a member of Oglaigh na hEireann (Irish Republican Army) or of the Irish Volunteers, and in lieu thereof the following provisions shall have effect in relation to any such person, that is to say:\u2014<\/p>\n<p>(a) any person who at any date\u2014<\/p>\n<p>(i) was a member of the headquarters staff or executive of Fianna Eireann or Cumann na mBan, or<\/p>\n<p>(ii) was an officer of Fianna Eireann or Cumann na mBan commanding one hundred members or more of either of those bodies, or<\/p>\n<p>(iii) was an officer of Fianna Eireann or Cumann na mBan senior to an officer of either of those bodies commanding one hundred members or more of either of those bodies,<\/p>\n<p>shall be deemed to have held at that date Rank D, and<\/p>\n<p>(b) any person who at any date was a member of Fianna Eireann or Cumann na mBan and who is not deemed by virtue of the foregoing sub-paragraph (a) of this paragraph to have held Rank D shall be deemed to have held at that date Rank E.<\/p>\n<p>2. Where an officer whose grade of rank at any date is, under Rule 1 of this Schedule, to be determined both by his actual rank in the Forces and the strength of the unit to which he belonged at that date, and such officer is at that date absent from duty by reason of imprisonment on account of his activities as a member of the Forces, the following provisions shall, for the purposes of the said Rule 1, have effect in relation to such officer, that is to say:\u2014<\/p>\n<p>(a) such officer shall be deemed to have held at that date the actual rank in the Forces which he held at the date of his arrest, and<\/p>\n<p>(b) such unit shall be deemed to be at that date at the same strength as it was at the time of his arrest.<\/p>\n<p>3. Where the case of any person does not fall within the provisions of Rule 1 of this Schedule, the Referee may determine the particular grade of rank which such person is to be deemed to have held on any date, and in so determining the Referee shall have regard to the following matters, that is to say:\u2014<\/p>\n<p>(a) the appointment held by such person,<\/p>\n<p>(b) the services performed by such person,<\/p>\n<p>(c) the principles of grading set forth in the said Rule 1.<\/p>\n<p>4. Where any person, whose case at a particular date falls within the provisions of Rule 1 of this Schedule, was at that date engaged in service of a special character, the Referee may in making his report under this Act in relation to the grade of rank held by such person on such date, report that the grade of rank held by him on such date is a grade of rank higher than the grade which but for this Rule would be the grade of rank held by him on that date.<\/p>\n<p>SECOND SCHEDULE.<\/p>\n<p>Rules for Calculating Amount of Pensions under this Act.<\/p>\n<p>1.\u2014(1) For the purposes of this Rule\u2014<\/p>\n<p>(a) each of the periods set out in the second column of the Appendix to this Rule shall be a service period, and<\/p>\n<p>(b) the appropriate pensionable service for any service period shall be the length of time set out in the third column of the said Appendix opposite the mention of such service period.<\/p>\n<p>(2) For the purposes of Rule 3 of this Schedule the pensionable service of a person shall be calculated in accordance with the following provisions, that is to say:\u2014<\/p>\n<p>(a) subject to sub-paragraph (c) of this paragraph, there shall be credited to such person, in respect of every service period during the whole of which such person served in the Forces, the appropriate pensionable service for such service period,<\/p>\n<p>(b) subject to sub-paragraph (c) of this paragraph, there shall be credited to such person, in respect of every service period during part only of which such person served in the Forces, such length of pensionable service as bears to the appropriate pensionable service for such service period the same proportion as the length of his service in the Forces during such service period bears to the length of such service period.<\/p>\n<p>(c) Where a person did not serve in the Forces during any part of the service period mentioned at reference No. 1 in the Appendix to this Rule, but did serve during the whole or any part of the service period mentioned at reference No. 2 in the said Appendix, such person shall, for the purposes of the two immediately preceding sub-paragraphs, be deemed not to have served in the Forces at any time during the last mentioned service period,<\/p>\n<p>(d) the pensionable service of such person shall be the sum of the several lengths of pensionable service with which such person is to be credited in accordance with the preceding sub-paragraphs of this paragraph.<\/p>\n<p>APPENDIX.<\/p>\n<p>Ref. No.<\/p>\n<p>Service Period<\/p>\n<p>Appropriate Pensionable Service<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>1<\/p>\n<p>The week commencing on the 23rd day of April, 1916.<\/p>\n<p>4 years.<\/p>\n<p>2<\/p>\n<p>The period comprising:\u2014<\/p>\n<p>(a) the period commencing on the 1st day of April, 1916, and ending on the 22nd day of April, 1916, and<\/p>\n<p>(b) the period commencing on the 30th day of April, 1916, and ending on the 31st day of March, 1917.<\/p>\n<p>1 year.<\/p>\n<p>3<\/p>\n<p>The period commencing on the 1st day of April, 1917, and ending on the 31st day of March, 1918.<\/p>\n<p>\u00bd year.<\/p>\n<p>4<\/p>\n<p>The period commencing on the 1st day of April, 1918, and ending on the 31st day of March, 1919.<\/p>\n<p>\u00bd year.<\/p>\n<p>5<\/p>\n<p>The period commencing on the 1st day of April, 1919, and ending on the 31st day of March, 1920.<\/p>\n<p>1 year.<\/p>\n<p>6<\/p>\n<p>The period commencing on the 1st day of April, 1920, and ending on the 31st day of March, 1921.<\/p>\n<p>2 years.<\/p>\n<p>7<\/p>\n<p>The period commencing on the 1st day of April, 1921, and ending on the 11th day of July, 1921.<\/p>\n<p>1 year.<\/p>\n<p>8<\/p>\n<p>The period commencing on the 12th day of July, 1921, and ending on the 30th day of June, 1922.<\/p>\n<p>1 year.<\/p>\n<p>9<\/p>\n<p>The period commencing on the 1st day of July, 1922, and ending on the 31st day of March, 1923.<\/p>\n<p>2 years.<\/p>\n<p>10<\/p>\n<p>The period commencing on the 1st day of April, 1923, and ending on the 30th day of September, 1923.<\/p>\n<p>1 year.<\/p>\n<p>2. For the purposes of these rules the rate per annum appropriate to any grade of rank specified in the first column of the Appendix to this Rule shall be the rate per annum set out in the second column of the said Appendix opposite the mention of such grade of rank.<\/p>\n<p>APPENDIX.<\/p>\n<p>Grade of Rank<\/p>\n<p>Appropriate Rate per Annum<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>Rank A.<\/p>\n<p>\u00a325 per annum.<\/p>\n<p>Rank B.<\/p>\n<p>\u00a320 per annum.<\/p>\n<p>Rank C.<\/p>\n<p>\u00a315 per annum.<\/p>\n<p>Rank D.<\/p>\n<p>\u00a310 per annum.<\/p>\n<p>Rank E.<\/p>\n<p>\u00a35 per annum.<\/p>\n<p>3. The amount of a pension payable to a person in respect of whom a service certificate has been issued shall be as follows:\u2014<\/p>\n<p>(a) in case such person was a member of the Irish Volunteer Executive at any time prior to the 11th day of July, 1921, an amount calculated at the rate of twenty-five pounds per annum in respect of every year or part of a year of his pensionable service;<\/p>\n<p>(b) in case the preceding paragraph is not applicable to such person and such person served in the Forces on both the first critical date and the second critical date and such person held, by virtue of sub-paragraph (j) of paragraph (3) of Rule 1 of the First Schedule to this Act, on one of those dates Rank C and did not hold on the other of such dates a grade of rank higher than Rank B, an amount calculated at the rate of twenty pounds per annum in respect of every year or part of a year of his pensionable service;<\/p>\n<p>(c) in case neither of the preceding paragraphs is applicable to such person and such person did not serve in the Forces on the first critical date and such person held on the second critical date by virtue of sub-paragraph (f) of paragraph (3) of Rule 1 of the First Schedule to this Act, Rank C, an amount calculated at the rate of twenty pounds per annum in respect of every year or part of a year of his pensionable service;<\/p>\n<p>(d) in case none of the preceding paragraphs are applicable to such person and such person served in the Forces on both the first critical date and the second critical date and held by virtue of sub-paragraph (m) of paragraph (4) of Rule 1 of the First Schedule to this Act, on one of those dates Rank D, but did not hold on the other of such dates a grade of rank higher than Rank C, an amount calculated at the rate of fifteen pounds per annum in respect of every year or part of a year of his pensionable service;<\/p>\n<p>(e) in case none of the preceding paragraphs are applicable to such person and such person did not serve in the Forces on the first critical date and such person held on the second critical date, by virtue of sub-paragraph (m) of paragraph (4) of Rule 1 of the First Schedule to this Act, Rank D, an amount calculated at the rate of fifteen pounds per annum in respect of every year or part of a year of his pensionable service;<\/p>\n<p>(f) in case none of the preceding paragraphs are applicable to such person and such person served in the Forces on both the first critical date and the second critical date and held the same grade of rank on both dates, an amount calculated at the rate per annum which is the rate per annum appropriate to such grade of rank, in respect of each year or part of a year of his pensionable service;<\/p>\n<p>(g) in case none of the preceding paragraphs are applicable to such person and such person served in the Forces on both the first critical date and the second critical date and held different grades of rank on the said dates, an amount calculated at the rate per annum, which is the rate per annum appropriate to the higher of such grades of rank, in respect of each year or part of a year of his pensionable service;<\/p>\n<p>(h) in case none of the preceding paragraphs are applicable to such person and such person did not serve in the Forces on the first critical date, an amount calculated at the rate per annum which is the rate per annum appropriate to the grade of rank held by him on the second critical date in respect of each year or part of a year of his pensionable service.<\/p>\n<p>THIRD SCHEDULE.<\/p>\n<p>Calculation of Suspension of Pensions.<\/p>\n<p>1. The extent to which payment of a pension under this Act shall be suspended under section 20 (which relates to suspension of pensions and prohibition of double pensions) of this Act shall be as follows, that is to say:\u2014<\/p>\n<p>Where the annual amount of the remuneration, pension, or allowance payable out of public moneys is\u2014<\/p>\n<p>A.\u2014Less than \u00a3100<\/p>\n<p>5%<\/p>\n<p>B.\u2014Over \u00a3100 and not exceeding \u00a3150<\/p>\n<p>10%<\/p>\n<p>C.\u2014Over \u00a3150 and not exceeding \u00a3200<\/p>\n<p>20%<\/p>\n<p>D.\u2014Over \u00a3200 and not exceeding \u00a3250<\/p>\n<p>30%<\/p>\n<p>E.\u2014Over \u00a3250 and not exceeding \u00a3300<\/p>\n<p>40%<\/p>\n<p>F.\u2014Over \u00a3300 and not exceeding \u00a3350<\/p>\n<p>50%<\/p>\n<p>G.\u2014Over \u00a3350 and not exceeding \u00a3400<\/p>\n<p>60%<\/p>\n<p>H.\u2014Over \u00a3400 and not exceeding \u00a3450<\/p>\n<p>70%<\/p>\n<p>I.\u2014Over \u00a3450 and not exceeding \u00a3500<\/p>\n<p>80%<\/p>\n<p>J.\u2014Over \u00a3500 and not exceeding \u00a3550<\/p>\n<p>90%<\/p>\n<p>K.\u2014Over \u00a3550<\/p>\n<p>100%<\/p>\n<p>2. Where the total of the amounts payable to any person out of public moneys as aforesaid and the amount payable to such person under this Act within the limits specified at B, C, D, E, F, G, H, I, J or K of paragraph 1 of this Schedule would under the terms of the said paragraph be less than the amount which such person would receive if the amount payable to him out of public moneys as aforesaid was at the maximum of the limit immediately preceding; then and in every such case the extent of the suspension of his military service pension shall be reduced so that the total of the amount aforesaid and of his pension shall not be less than that which he would receive if the amount aforesaid was at the maximum of the limit immediately preceding.<\/p>\n<p>ARMY PENSIONS ACT, 1937.<\/p>\n<p>AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1932. [2nd June, 1937.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS OF SAORST\u00c1T EIREANN AS FOLLOWS:\u2014<\/p>\n<p>PART I.<\/p>\n<p>Preliminary and General.<\/p>\n<p>Short title and citation.<\/p>\n<p>1.\u2014(1) This Act may be cited as the Army Pensions Act, 1937.<\/p>\n<p>(2) The Army Pensions Acts, 1923 to 1932, and this Act may be cited together as the Army Pensions Acts, 1923 to 1937.<\/p>\n<p>Definitions.<\/p>\n<p>2.\u2014(1) In this Act\u2014<\/p>\n<p>the expression \u201cthe Act of 1923\u201d 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 by Part III of the Act of 1932;<\/p>\n<p>the expression \u201cthe Act of 1927\u201d 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;<\/p>\n<p>the expression \u201cthe Acts of 1923 and 1927\u201d means the Act of 1923 and the Act of 1927;<\/p>\n<p>the expression \u201cthe Act of 1932\u201d means the Army Pensions Act, 1932 (No. 24 of 1932);<\/p>\n<p>the expression \u201cthe Acts\u201d means the Army Pensions Acts, 1923 to 1932.<\/p>\n<p>(2) 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.<\/p>\n<p>PART II.<\/p>\n<p>Allowances to relatives of Signatories to the Proclamation published on Easter Monday, 1916.<\/p>\n<p>Allowances to relatives of signatories to the Proclamation published on Easter Monday, 1916.<\/p>\n<p>3.\u2014(1) There shall be paid out of moneys provided by the Oireachtas\u2014<\/p>\n<p>(a) to the widow (if any) of a Signatory, an annual allowance of five hundred pounds during her life, and<\/p>\n<p>(b) to each son and daughter (if any) of a Signatory, an annual allowance of two hundred pounds payable until he or she shall either attain the age of twenty-five years or die under that age, and<\/p>\n<p>(c) to each sister of a Signatory, an annual allowance of one hundred pounds during her life.<\/p>\n<p>(2) Each allowance under this section shall commence on the date of the passing of this Act and shall be payable monthly in arrear during the period for which it is payable.<\/p>\n<p>(3) Where a person entitled to an allowance under this section is immediately before the date of the passing of this Act in receipt of an allowance under the Acts, such last mentioned allowance shall cease to be payable as on and from the date of the passing of this Act.<\/p>\n<p>(4) In this section the word \u201cSignatory\u201d means a person who signed the Proclamation published on Easter Monday, 1916.<\/p>\n<p>PART III.<\/p>\n<p>Amendment of the Army Pensions Acts, 1923 and 1927, and Part III of the Army Pensions Act, 1932 .<\/p>\n<p>Amendment of section 8 of the Act of 1923.<\/p>\n<p>4.\u2014Where an allowance is payable under section 8 of the Act of 1923 to any of the dependants (being dependants mentioned in paragraph 5 of the Second Schedule to the Act of 1923) of any person who was executed in the Rising of 1916, the said paragraph shall, in relation to such dependant be construed and have effect, as on and from the date of the passing of this Act, as if there were substituted for the words and figures \u201c\u00a31 per week\u201d the words and figures \u201c\u00a390 per annum.\u201d<\/p>\n<p>Amendment of sections 7 and 12 of the Act of 1927.<\/p>\n<p>5.\u2014(1) Section 7 of the Act of 1927 is hereby amended in the following respects and the Act of 1927, and the Act of 1927 as amended by this Part of this Act, shall be construed and have effect accordingly, that is to say:\u2014<\/p>\n<p>(a) by the deletion in sub-section (1) of the said section of the words \u201c(save as is hereinafter otherwise provided)\u201d, and<\/p>\n<p>(b) by the deletion of sub-section (3) of the said section.<\/p>\n<p>(2) Section 12 of the Act of 1927 is hereby amended in the following respects and the Act of 1927 shall be construed and have effect accordingly, that is to say:\u2014<\/p>\n<p>(a) by the deletion in sub-sections (1) and (4) of the said section of the words \u201cor on behalf of the Minister (as the case may be)\u201d, and<\/p>\n<p>(b) by the deletion in sub-section (6) of all words after the word \u201cshall\u201d and the substitution for the words so deleted of the words \u201cbe the degree assessed in that behalf by the Army Pensions Board.\u201d<\/p>\n<p>Amendment of section 9 of the Act of 1927.<\/p>\n<p>6.\u2014(1) Sub-section (1) of section 9 of the Act of 1927 is hereby amended by the substitution of the words and figures \u201cor becomes, by reason of matters definitely attributable to such service, after such date but before the 1st day of July, 1938\u201d for the words \u201cor becomes after such date but within four years after his discharge\u201d now contained therein, and the Act of 1927 shall be construed and have effect accordingly.<\/p>\n<p>(2) Where, by virtue of the amendment of sub-section (1) of section 9 of the Act of 1927 effected by this section, a disability pension is after the date of the passing of this Act granted under the said sub-section (1) to any person, such pension shall, notwithstanding anything contained in sub-section (3) of the said section 9 , commence as on and from such date as the Minister may, having regard to all the circumstances of the case, determine, but such date shall not be earlier than the date of his examination by the Army Pensions Board at which his disablement was assessed at a degree not less than the minimum degree of disablement.<\/p>\n<p>Amendment of section 10 of the Act of 1927.<\/p>\n<p>7.\u2014(1) Sub-section (1) of section 10 of the Act of 1927 is hereby amended by the substitution of the words and figures \u201cor becomes, by reason of matters definitely attributable to such service, after such date but before the 1st day of July, 1938,\u201d for the words \u201cor becomes after such date but within four years after his discharge\u201d now contained therein, and the Act of 1927 shall be construed and have effect accordingly.<\/p>\n<p>(2) Where, by virtue of the amendment of sub-section (1) of section 10 of the Act of 1927 effected by this section, a disability pension is after the date of the passing of this Act granted under the said sub-section (1) to any person, such pension shall, notwithstanding anything contained in sub-section (3) of the said section 10 , commence as on and from such date as the Minister may having regard to all the circumstances of the case determine, but such date shall not be earlier than the date of his examination by the Army Pensions Board at which his disablement was assessed at a degree not less than the minimum degree of disablement.<\/p>\n<p>Amendment of section 13 of the Act of 1927.<\/p>\n<p>8.\u2014(1) Sub-section (1) of section 13 of the Act of 1927 is hereby amended by the insertion, before the words \u201cnot less than\u201d now contained therein, of the words and figures \u201cor becomes, by reason of matters definitely attributable to such military service or to such military service and such service in the forces, after such date but before the 1st day of July, 1938,\u201d and the Act of 1927 shall be construed and have effect accordingly.<\/p>\n<p>(2) Where, by virtue of the amendment of sub-section (1) of section 13 of the Act of 1927 effected by this section, a disability pension is granted under the said sub-section (1) to any person, such pension shall, notwithstanding anything contained in sub-section (3) of the said section 13 , commence as on and from such date as the Minister may having regard to all the circumstances of the case determine, but such date shall not be earlier than the date of his examination by the Army Pensions Board at which his disablement was assessed at a degree not less than the minimum degree of disablement.<\/p>\n<p>Amendment of section 14 of the Act of 1927.<\/p>\n<p>9.\u2014Notwithstanding anything contained in paragraph (i) of sub-section (1) of section 14 of the Act of 1927, the Minister shall not on or on account of the death of any person to whom, by virtue of paragraph (e) of the said sub-section, the said sub-section applies grant to the widow or any child of such person any gratuity unless his marriage to such widow took place before the 1st day of June, 1937.<\/p>\n<p>Finality of awards in respect of wounds under the Acts of 1923 and 1927.<\/p>\n<p>10.\u2014(1) Where before the passing of this Act an award of a gratuity under the Acts of 1923 and 1927, in respect of a wound, was made or an award of a pension or gratuity under the said Acts, in respect of a wound, was refused, such award or the refusal of such award (as the case may be) shall, save as is otherwise provided by this section, be final and incapable of reconsideration or review.<\/p>\n<p>(2) Any person to whom an award of a gratuity under the Acts of 1923 and 1927 in respect of a wound was made before the passing of this Act or any person to whom an award of a pension or gratuity under the said Acts in respect of a wound was refused before the passing of this Act solely on the ground that such person was not suffering from any disablement may apply within twelve months after the date of the passing of this Act to the Minister to have the amount of such award or the refusal of such award (as the case may be) reconsidered and thereupon the Minister, if he thinks proper so to do, may refer the matter to the Army Pensions Board for reconsideration and may, on the report of the Army Pensions Board, grant such pension or gratuity (if any) as could have been granted if such report had been made when the case was first investigated under the Acts of 1923 and 1927, subject to the limitation that any pension so granted shall commence on such date (not being earlier than the date of the passing of this Act or the date on which the disability is found by the Army Pensions Board to have reached twenty per cent. whichever is the later) as the Minister may determine.<\/p>\n<p>(3) Section 23 of the Act of 1932 is hereby repealed.<\/p>\n<p>Amendment of section 26 of the Act of 1932.<\/p>\n<p>11.\u2014(1) Paragraph (a) of section 26 (which amends section 18 of the Act of 1927) of the Act of 1932 is hereby repealed and in lieu thereof it is hereby enacted that every application by a person discharged from the forces (whether before or after the passing of this Act) for the grant of a wound pension or gratuity under the Acts of 1923 and 1927, on account of a wound attributable to service shall be made within twelve months after his discharge from the forces or twelve months after the date of the passing of this Act, whichever is the later.<\/p>\n<p>(2) Where an application was made (whether before or after the passing of this Act) by any person for the grant of a pension or gratuity under the Acts of 1923 and 1927 on account of a wound received by him and attributable to service, and such application was (whether before or after the passing of this Act) refused, such person shall not be entitled, by virtue of sub-section (1) of this section, to make a further application for such pension or gratuity.<\/p>\n<p>Commencement of certain pensions under the Acts of 1923 and 1927.<\/p>\n<p>12.\u2014(1) The following provision shall apply in respect of any pension granted, on or after the date of the passing of this Act, under the Acts of 1923 and 1927 to a person on account of a wound attributable to service in the forces, that is to say:\u2014<\/p>\n<p>(a) in case the application for such pension was made before the date of the passing of this Act and within the time appointed by paragraph (a) of section 26 of the Act of 1932, such pension shall, save as otherwise expressly provided by this Part of this Act, commence from such date (not being earlier than the 1st day of April, 1932, or the date on which the disability is found by the Army Pensions Board to have reached twenty per cent., whichever is the later) as the Minister may determine;<\/p>\n<p>(b) in any other case, such pension shall commence from such date (not being earlier than the date of the passing of this Act, or the date of the discharge from the forces or the date on which the disability is found by the Army Pensions Board to have reached twenty per cent. whichever is the latest) as the Minister may determine.<\/p>\n<p>(2) Every pension granted, on or after the date of the passing of this Act, under the Act of 1927 to a person on account of disease attributable to service in the forces shall, save as otherwise expressly provided by this Part of this Act, commence on such date (not being earlier than the 1st day of April, 1932, or the date on which the disability is found by the Army Pensions Board to have reached the minimum degree of disablement, whichever is the later) as the Minister may determine.<\/p>\n<p>Revocation of final grants of pensions under the Acts of 1923 and 1927.<\/p>\n<p>13.\u2014Where a final grant of a pension to any person has been made under the Act of 1923, or the Act of 1927, or the Act of 1927 as amended by this Part of this Act, and the Minister, in exercise of the powers conferred on him by sub-section (1) of section 24 (including the said section as applied by the next following section of this Act) of the Act of 1932, increases, reduces or suspends such pension, the Minister may, on the recommendation of the Army Pensions Board, direct that such final grant be revoked, and in that case the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) such final grant shall be revoked;<\/p>\n<p>(b) notwithstanding anything contained in the said sub-section (1), such person shall, in the event of a final grant of such pension being subsequently made, not be entitled to make any representation to the Minister under the said sub-section (1) after the expiration of ten years from the date on which the final grant so revoked was made.<\/p>\n<p>Application of section 24 of the Act of 1932.<\/p>\n<p>14.\u2014The expression \u201cthe Acts of 1923 and 1927\u201d wherever it occurs in section 24 of the Act of 1932 shall be construed as including the Act of 1927 as amended by this Part of this Act.<\/p>\n<p>PART IV.<\/p>\n<p>Amendment of Part II of the Army Pensions Act, 1932.<\/p>\n<p>Amendment of section 8 of the Act of 1932.<\/p>\n<p>15.\u2014(1) Sub-section (1) of section 8 of the Act of 1932 is hereby amended by the insertion therein of the following paragraph in lieu of paragraph (d) now contained therein, and the said sub-section shall be construed and have effect accordingly, that is to say:\u2014<\/p>\n<p>\u201c(d) whether there is any evidence that such person contracted any disease during his military service, and, if so, the particulars of such evidence, and, if such person is dead, the date of his death, and\u201d.<\/p>\n<p>(2) Section 8 of the Act of 1932 is hereby amended by the insertion therein of the following two sub-sections in lieu of sub-section (2) now contained therein and the said section shall be construed and have effect and be deemed always to have had effect accordingly, that is to say:\u2014<\/p>\n<p>\u201c(2) Every certificate (in this Act referred to as a service certificate) issued by the Registration Board to the Minister in pursuance of this section shall be in the prescribed form and shall, subject to any variation of such certificate made by the Registration Board under sub-section (3) of this section, be final and conclusive evidence of the matters of fact certified therein.<\/p>\n<p>(3) The Minister may, on the ground that evidence not available prior to the issue of such certificate has since become available, at any time request the Registration Board to review any service certificate, and thereupon the Registration Board shall review such certificate and may, after such review, either, as they think proper, confirm or vary such certificate.\u201d<\/p>\n<p>Provisions consequential on variation of service certificates.<\/p>\n<p>16.\u2014(1) Where a service certificate, which was issued in respect of a person who made an application for a pension or a gratuity under Part II of the Act of 1932, is reviewed under sub-section (3) of section 8 of the Act of 1932, and varied on such review, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) in case it appeared from such certificate, as originally issued, that such person was not a person (in this sub-section referred to as a qualified person) to whom a pension or gratuity could be granted under Part II of the Act of 1932, and it appears from such certificate, as so varied, that such person is a qualified person, then\u2014<\/p>\n<p>(i) the provisions of section 9 of the Act of 1932 shall apply in respect of such application in like manner as if it appeared from such certificate, before such variation, that such person was a qualified person,<\/p>\n<p>(ii) in case such application was for the grant under Part II of the Act of 1932 of a pension or gratuity in respect of a wound, the refusal of such application shall, for the purposes of section 18 of the Act of 1932, be deemed not to be the refusal of an award,<\/p>\n<p>(iii) any pension granted under Part II of the Act of 1932 to such person shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine;<\/p>\n<p>(b) in case it appeared from such certificate, as originally issued, that such person was a qualified person and a pension was granted under Part II of the Act of 1932 to him accordingly, and it appears from such certificate, as so varied, that such person is not a qualified person, the Minister shall by order revoke such pension as from the date of such order;<\/p>\n<p>(c) in case it appeared from such certificate, as originally issued, that such person was a qualified person and a pension was granted under Part II of the Act of 1932 to him accordingly, and it appears from such certificate as so varied, that such person is a qualified person, and the amount of such pension is greater or less than the amount to which, having regard to the terms of such certificate as so varied, he is entitled, the Minister shall by order decrease or increase such pension accordingly from the date of such order.<\/p>\n<p>(2) Where a service certificate, which was issued in respect of a deceased person in respect of whom an application was made for an allowance or gratuity under Part II of the Act of 1932, is reviewed under sub-section (3) of section 8 of the Act of 1932, and varied on such review, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) in case it appeared from such certificate, as originally issued, that such deceased person was not a person (in this sub-section referred to as a qualified person) in respect of whom an allowance or gratuity could be granted under Part II of the Act of 1932, and it appears from such certificate, as so varied, that such deceased person is a qualified person, then\u2014<\/p>\n<p>(i) the provisions of section 9 of the Act of 1932 shall apply in respect of such application in like manner as if it appeared from such service certificate, before such variation, that such deceased person was a qualified person,<\/p>\n<p>(ii) any allowance granted under Part II of the Act of 1932 in respect of such deceased person shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine;<\/p>\n<p>(b) in case it appeared from such certificate, as originally issued, that such deceased person was a qualified person and an allowance in respect of such deceased person was accordingly granted under Part II of the Act of 1932, and it appears from such certificate, as so varied, that such deceased person is not a qualified person, the Minister shall by order revoke such allowance as from the date of such order.<\/p>\n<p>(3) References in this section to the Act of 1932 shall be construed as meaning the Act of 1932, or the Act of 1932 as amended by this Part of this Act.<\/p>\n<p>Amendment of section 10 of the Act of 1932.<\/p>\n<p>17.\u2014(1) Where\u2014<\/p>\n<p>(a) a service certificate has been issued in respect of a person, and<\/p>\n<p>(b) it appears from such service certificate that such person was a member of an organisation to which Part II of the Act of 1932 applies, and<\/p>\n<p>(c) such person being such a member was during any period ending before the 30th day of September, 1923, interned or imprisoned by or by order of the British Government, the Government of Saorst\u00e1t Eireann, the Provisional Government, or the Government of Northern Ireland, and<\/p>\n<p>(d) such person lost from any cause, while so interned or imprisoned, a leg, an arm, or an eye,<\/p>\n<p>the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(i) such loss shall be deemed, for the purposes of sub-section (1) of section 10 of the Act of 1932, to be a disablement due to a wound attributable to military service, and Part II of the Act of 1932 shall be construed and have effect accordingly;<\/p>\n<p>(ii) the critical date for the purposes of sub-section (4) of the said section 10 shall be the date on which such person suffered such loss;<\/p>\n<p>(iii) any pension granted to such person under the said sub-section (1) shall, notwithstanding anything contained in sub-section (1) of section 15 of the Act of 1932, commence as on and from the date of the passing of this Act.<\/p>\n<p>(2) Sub-section (2) of section 10 of the Act of 1932 is hereby amended by the insertion, after the words \u201chis said examination\u201d now contained therein, of the words and figures \u201cor, in case such date falls before the 30th day of June, 1938, becomes, by reason of matters definitely attributable to military service, after such date but before the 1st day of July, 1938,\u201d and Part II of the Act of 1932 shall be construed and have effect accordingly.<\/p>\n<p>(3) Where, by virtue of the amendment of sub-section (2) of section 10 of the Act of 1932 effected by this section, a pension is granted under the said sub-section (2) to any person, such pension shall, notwithstanding anything contained in sub-section (1) of section 15 of the Act of 1932 or in this Act, commence as on and from such date as the Minister may, having regard to all the circumstances of the case, determine, but such date shall not be earlier than the date of his examination by the Army Pensions Board at which his disablement was assessed at a degree not less than the minimum degree of disablement.<\/p>\n<p>Amendment of section 12 of the Act of 1932.<\/p>\n<p>18.\u2014(1) Where\u2014<\/p>\n<p>(a) an allowance is payable under section 12 of the Act of 1932 to the widow of any person (other than a person who signed the Proclamation published on Easter Monday, 1916), and<\/p>\n<p>(b) such person was killed or executed in the Rising of 1916,<\/p>\n<p>Part I of the Second Schedule to the Act of 1932 shall, in relation to such widow, be construed and have effect, as on and from the date of the passing of this Act, as if there were substituted for the words and figures \u201c\u00a367 10s. per annum during widowhood and a gratuity of \u00a390 on first re-marriage\u201d the words and figures \u201c\u00a390 per annum during widowhood and gratuity of \u00a3120 on first re-marriage.\u201d<\/p>\n<p>(2) Sub-section (1) of section 12 of the Act of 1932 shall be construed and have effect as if in paragraph (b) of the said sub-section there were substituted for the expression \u201cor gratuity as is mentioned in the said Part II\u201d now contained therein the expression \u201cas is mentioned in the said Part II or such gratuity as is mentioned in Part III of the said Schedule.\u201d<\/p>\n<p>Further amendment of section 12 of the Act of 1932.<\/p>\n<p>19.\u2014(1) Section 12 of the Act of 1932 shall (in addition to the persons to whom the said section applies by virtue of paragraphs (a) (b) and (c) of sub-section (3) of the said section) also apply to every person who was a member of an organisation to which Part II of the Act of 1932 applies and who complied with one of the following conditions, that is to say:\u2014<\/p>\n<p>(a) such person was engaged in post-truce military service (either in addition to or without pre-truce military service) and died before the date of the passing of this Act from\u2014<\/p>\n<p>(i) a wound attributable to pre-truce military service or post-truce military service, or<\/p>\n<p>(ii) a disease attributable to pre-truce military service or post-truce military service or pre-truce military service and post-truce military service;<\/p>\n<p>(b) such person died while engaged in military service from a disease not attributable to military service, and so died either while a member of an Active Service Unit or while detained in a prison or ship or an internment camp.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) a deceased member of an organisation to which Part II of the Act of 1932 applies was engaged in post-truce military service (either in addition to or without pre-truce military service), and<\/p>\n<p>(b) such member died before the date of the passing of this Act, and<\/p>\n<p>(c) such member died from either\u2014<\/p>\n<p>(i) a wound attributable to pre-truce military service or post-truce military service, or<\/p>\n<p>(ii) a disease attributable to pre-truce military service or post-truce military service or pre-truce military service and post-truce military service, and<\/p>\n<p>(d) such member leaves a widow, and<\/p>\n<p>(e) the marriage of such widow to such member took place, in case his death was due to a wound, after the date on which he received such wound or, in case his death was due to disease, after the 1st day of October, 1928,<\/p>\n<p>the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(i) no allowance or gratuity shall be granted under sub-section (1) of section 12 of the Act of 1932 to any person on account of the death of such member, and<\/p>\n<p>(ii) in case such person died on or after the 10th day of December, 1932, and was not granted a pension in respect of such wound or disease under Part II of the Act of 1932, or died before the 10th day of December, 1932, the Minister, with the consent of the Minister for Finance, may on account of the death of such member grant to the widow or children of such member a gratuity of one hundred and twelve pounds and ten shillings.<\/p>\n<p>(3) Where\u2014<\/p>\n<p>(a) a deceased member of an organisation to which Part II of the Act of 1932 applies was engaged in post-truce military service (either in addition to or without pre-truce military service), and<\/p>\n<p>(b) such member died on or after the 10th day of December, 1932, and<\/p>\n<p>(c) such member died either from\u2014<\/p>\n<p>(i) a wound attributable to pre-truce military service or post-truce military service, or<\/p>\n<p>(ii) a disease attributable to pre-truce military service or post-truce military service or pre-truce military service and post-truce military service, and<\/p>\n<p>(d) such member was granted a pension in respect of such wound or disease under Part II of the Act of 1932,<\/p>\n<p>no allowance or gratuity shall be granted under sub-section (1) of section 12 of the Act of 1932 to any person on account of the death of such member but, the Minister may, if such member was not granted a married pension and leaves a widow or children and his marriage to such widow took place before the 1st day of June, 1937, grant to such widow or children a gratuity of one hundred and twelve pounds and ten shillings.<\/p>\n<p>(4) An allowance granted under sub-section (1) of section 12 of the Act of 1932 on account of the death of a person to whom the said section 12 applies by virtue of sub-section (1) of this section shall, notwithstanding anything contained in sub-sections (2) and (3) of section 15 of the Act of 1932, commence as on and from the date of the passing of this Act.<\/p>\n<p>(5) The following provisions of section 12 of the Act of 1932 are hereby repealed, that is to say, paragraph (d) of sub-section (3), and sub-sections (4) and (5).<\/p>\n<p>Application of section 14 of the Act of 1932.<\/p>\n<p>20.\u2014The expression \u201cthis Part of this Act\u201d in section 14 of the Act of 1932 shall be construed as meaning Part II of the Act of 1932 or Part II of the Act of 1932 as amended by this Part of this Act.<\/p>\n<p>Amendment of section 15 of the Act of 1932.<\/p>\n<p>21.\u2014(1) Where\u2014<\/p>\n<p>(a) a pension (including a married pension) is after the date of the passing of this Act granted under Part II of the Act of 1932, and<\/p>\n<p>(b) the application for such pension was not duly made before the 11th day of December, 1933,<\/p>\n<p>such pension shall, notwithstanding anything contained in sub-section (1) of section 15 of the Act of 1932, commence, save where otherwise expressly provided by this Part of this Act, as on and from the date of the passing of this Act.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) an allowance is, after the date of the passing of this Act, granted under Part II of the Act of 1932 to the widow, children, or dependants of a person who died before the 11th day of December, 1932, and<\/p>\n<p>(b) the application for such allowance was not duly made before the 11th day of December, 1933,<\/p>\n<p>such allowance shall, notwithstanding anything contained in sub-section (2) or sub-section (3) of section 15 of the Act of 1932, commence as on and from the date of the passing of this Act.<\/p>\n<p>(3) Where\u2014<\/p>\n<p>(a) an allowance is, after the date of the passing of this Act, granted under Part II of the Act of 1932 to the widow, children or dependants of a person who died on or after the 11th day of December, 1932, and before the date of the passing of this Act, and<\/p>\n<p>(b) the application for such allowance was not duly made within twelve months after the death of such person,<\/p>\n<p>such allowance shall, notwithstanding anything contained in sub-section (3) of section 15 of the Act of 1932, commence as on and from the date of the passing of this Act.<\/p>\n<p>(4) Sub-section (2) of section 15 of the Act of 1932 is hereby amended by the insertion in the said sub-section of the words \u201cor on\u201d after the word \u201cbefore\u201d now contained therein, and the said sub-section shall be construed and have effect accordingly.<\/p>\n<p>Time limit for making applications for pensions, etc., under Part II of Act of 1932.<\/p>\n<p>22.\u2014(1) Every application by a person who was a member of an organisation to which Part II of the Act of 1932 applies for the grant of a pension or gratuity under the said Part II, or under the said Part II as amended by this Act, shall be made within twelve months after the date of the passing of this Act.<\/p>\n<p>(2) Every application for the grant of an allowance or gratuity under the said Part II, or under the said Part II as amended by this Act, to the widow, children or dependants of a person who died on or before the date on which this Act is passed shall be made before the 1st day of July, 1938.<\/p>\n<p>(3) Every application for the grant of an allowance or gratuity under the said Part II, or under the said Part II as amended by this Act, to the widow, children or dependants of a person who dies after the day on which this Act is passed shall be made before the 1st day of July, 1938, or before the expiration of twelve months after the date of the death of such person, whichever is the later.<\/p>\n<p>(4) Where an application was duly made before the passing of this Act by any person for a pension, allowance or gratuity under Part II of the Act of 1932, and such application was refused, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) in case such application was refused on the ground that Part II of the Act of 1932 did not apply to him, and the said Part II as amended by this Part of this Act applies to him, such person may renew such application;<\/p>\n<p>(b) in any other case such person shall not be entitled, by virtue of any of the preceding sub-sections of this section, to renew such application.<\/p>\n<p>(5) Section 16 of the Act of 1932 is hereby repealed.<\/p>\n<p>Time limit for application for allowances and gratuities under Part II of the Act of 1932 by widows, children and dependants of certain persons.<\/p>\n<p>23.\u2014(1) Where\u2014<\/p>\n<p>(a) a person dies more than twelve months after the passing of this Act, and<\/p>\n<p>(b) such person&#8217;s death is due to a wound or disease, and<\/p>\n<p>(c) such person did not within twelve months after the date of the passing of this Act apply for a pension in respect of such wound or disease under Part II of the Act of 1932, as amended by this Act,<\/p>\n<p>no claim in respect of the death of such person for an allowance or gratuity under the said Part II, as so amended, by the widow or any child or dependant of such person shall be entertained.<\/p>\n<p>(2) Nothing in this section shall be construed as limiting the operation of sub-section (3) of the immediately preceding section.<\/p>\n<p>(3) Section 17 of the Act of 1932 is hereby repealed.<\/p>\n<p>Revocation of final grants of pensions under Part II of the Act of 1932.<\/p>\n<p>24.\u2014Where a final grant of a pension to any person has been made under Part II of the Act of 1932, or Part II of the Act of 1932 as amended by this Part of this Act, and the Minister, in exercise of the powers conferred on him by sub-section (1) of section 19 of the Act of 1932, increases, reduces or suspends such pension, the Minister may, on the recommendation of the Army Pensions Board, direct that such final grant be revoked, and in that case the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) such final grant shall be revoked;<\/p>\n<p>(b) notwithstanding anything contained in the said sub-section (1), such person shall, in the event of a final grant of such pension being subsequently made, not be entitled to make any representation to the Minister under the said sub-section (1) after the expiration of ten years from the date on which the final grant so revoked was made.<\/p>\n<p>Application of certain sections of Part II of the Act of 1932.<\/p>\n<p>25.\u2014The expression \u201cunder this Part of this Act\u201d wherever it occurs in sections 11 , 13 , 18 and 19 of the Act of 1932 shall be construed as including Part II of the Act of 1932 as amended by this Part of this Act.<\/p>\n<p>PART V.<\/p>\n<p>Disability pensions in respect of disablements due to disease attributable to service where disability is less than eighty per cent. and not less than fifty per cent.<\/p>\n<p>Disability pensions in respect of disablements due to disease attributable to service where disability is less than 80 per cent, and not less than 50 per cent.<\/p>\n<p>26.\u2014(1) Where an application by a person for a disability pension was, before the date of the passing of this Act, refused solely on the ground that the disablement from which he was suffering was less than eighty per cent. in degree, and such person applies to the Minister, before the 1st day of July, 1938, for re-examination by the Army Pensions Board under this sub-section, the Minister shall request the Army Pensions Board to re-examine such person, and thereupon the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(i) the Army Pensions Board shall re-examine such person accordingly;<\/p>\n<p>(ii) if his degree of disablement is at the date of such re-examination less than eighty per cent. and not less than fifty per cent., there may be granted to such person a final pension of fifteen shillings per week commencing on such date (not being earlier than the date of the passing of this Act) as the Minister may determine;<\/p>\n<p>(iii) if his degree of disablement is at the date of such re-examination not less than eighty per cent. but such person is not awarded a disability pension, there may be granted to such person a final pension of fifteen shillings per week commencing from such date (not being earlier than the date of the passing of this Act) as the Minister may determine;<\/p>\n<p>(iv) if his degree of disablement is at the date of such re-examination not less than eighty per cent. and such person is awarded a disability pension, but his degree of disablement is found on any subsequent periodical re-examination to be less than eighty per cent., but not less than fifty per cent., there may be granted to such person, if he applies to the Minister therefor not later than twelve months after such periodical re-examination, a final pension of one pound per week commencing on such date (not being earlier than the date of the cesser of such disability pension) as the Minister may determine;<\/p>\n<p>(v) where such person is granted a pension under this sub-section, no disability pension shall be granted to or payable to such person.<\/p>\n<p>In this sub-section the expression \u201cdisability pension\u201d means a pension under section 9 or section 10 or section 13 of the Act of 1927, or a pension under sub-section (2) of section 10 of the Act of 1932.<\/p>\n<p>(2) Where a person was, before the date of the passing of this Act, in receipt of a disability pension and such person is not at the said date in receipt of such disability pension by reason of his degree of disablement having fallen below eighty per cent., and such person applies to the Minister before the 1st day of July, 1938, for re-examination by the Army Pensions Board under this sub-section, the Minister shall request the Army Pensions Board to re-examine such person, and thereupon the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(i) the Army Pensions Board shall re-examine such person accordingly;<\/p>\n<p>(ii) if his degree of disablement is at the date of such re-examination less than eighty per cent. but not less than fifty per cent., there may be granted to such person a final pension of one pound per week commencing on such date (not being earlier than the date of the passing of this Act) as the Minister may determine;<\/p>\n<p>(iii) if his degree of disablement is at the date of such re-examination not less than eighty per cent. and such person is awarded a disability pension, but his degree of disablement is on any subsequent periodical re-examination found to be less than eighty per cent. and not less than fifty per cent., there may, if he applies to the Minister therefor, not later than twelve months after such periodical re-examination, be granted to such person a final pension of one pound per week commencing on such date (not being earlier than the date of the cesser of such disability pension) as the Minister may determine;<\/p>\n<p>(iv) where such person is granted a pension under this sub-section, no disability pension shall be granted or payable to him.<\/p>\n<p>In this sub-section the expression \u201cdisability pension\u201d means a pension under section 9 or section 10 or section 13 of the Act of 1927 or a pension under sub-section (2) of section 10 of the Act of 1932.<\/p>\n<p>(3) Where a person is on the date of the passing of this Act in receipt of a disability pension and his degree of disability is subsequently found on any periodical re-examination to be less than eighty per cent. and not less than fifty per cent. and such person applies, within twelve months after the date of such periodical re-examination, for a pension under this sub-section, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(i) there may be granted to such person a final pension of one pound per week commencing from such date (not being earlier than the date of the cesser of such disability pension) as the Minister may determine,<\/p>\n<p>(ii) where a pension is granted under this sub-section to such person no disability pension shall be granted or payable to such person.<\/p>\n<p>In this sub-section the expression \u201cdisability pension\u201d means a pension under section 9 or section 10 or section 13 of the Act of 1927 or a pension under sub-section (2) of section 10 of the Act of 1932.<\/p>\n<p>(4) Where\u2014<\/p>\n<p>(a) an application is duly made before the date of the passing of this Act by a person for a disability pension and such application is not referred, before the said date, to the Army Pensions Board under section 9 of the Act of 1932, but is subsequently so referred, or<\/p>\n<p>(b) an application is duly made before the said date for a disability pension and such application is before the said date referred to the Army Pensions Board under the said section 9 , but such person has not been examined by the Army Pensions Board before the said date, or<\/p>\n<p>(c) an application is made on or after the said date by a person for a disability pension and such application is referred to the Army Pensions Board under the said section 9 ,<\/p>\n<p>then, if such person is at the date of his examination by the Army Pensions Board suffering from a disease attributable to military service, within the meaning of Part II of the Act of 1932, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(i) if such examination takes place before the 30th day of June, 1938, and his degree of disablement is found on the date of such examination to be less than eighty per cent. and not less than fifty per cent., there may be granted to such person, if he applies to the Minister therefor not later than twelve months after such examination, a final pension of fifteen shillings per week commencing from such date (not being earlier than the date of the passing of this Act) as the Minister may determine,<\/p>\n<p>(ii) if such examination takes place on or after the 30th day of June, 1938, and his degree of disablement is found on the date of such examination to be less than eighty per cent. but not less than fifty per cent., there may be granted to such person a final pension of fifteen shillings per week commencing from such date (not being earlier than the date of the passing of this Act) as the Minister may determine,<\/p>\n<p>(iii) if his degree of disablement is found on the date of such examination to be not less than eighty per cent. but is found on any periodical re-examination to be less than eighty per cent. but not less than fifty per cent., there may be granted to such person, if he applies to the Minister therefor, not later than twelve months after such re-examination, a final pension of one pound per week commencing on such date (not being earlier than the date of the cesser of his former disability pension) as the Minister may determine,<\/p>\n<p>(iv) where such person is granted a pension under this sub-section, no disability pension shall be granted or payable to him.<\/p>\n<p>In this sub-section\u2014<\/p>\n<p>the expression \u201cdisability pension\u201d means a pension under sub-section (2) of section 10 of the Act of 1932.<\/p>\n<p>(5) Every application for re-examination by the Army Pensions Board under this section and for a pension under this section shall be in such form and contain such particulars as the Minister may direct.<\/p>\n<p>(6) Sections 9 to 14 of the Act of 1923 shall apply in respect of pensions granted under this section and to persons to whom such pensions are payable as if such pensions were the pensions mentioned in those sections respectively.<\/p>\n<p>(7) Persons applying under this section for re-examination by the Army Pensions Board shall for the purposes of section 21 of the Act of 1927 be deemed to be applicants for the pensions mentioned in sub-section (1) of the said section 21.<\/p>\n<p>(8) In this section\u2014<\/p>\n<p>the expression \u201cdegree of disablement\u201d has the same meaning as in the Act of 1927;<\/p>\n<p>the expression \u201cperiodical re-examination\u201d means a periodical re-examination under section 6 of the Act of 1923.<\/p>\n<p>PART VI.<\/p>\n<p>Pensions in respect of disablements due to wounds or disease aggravated by military service.<\/p>\n<p>Assessment of degree of disablement.<\/p>\n<p>27.\u2014(1) The following provisions shall for the purposes of this Part of this Act have effect in relation to a person suffering from a disablement due to a wound, that is to say:\u2014<\/p>\n<p>(a) in case such disablement is one of the disablements mentioned in the first column of the Fourth Schedule to the Act of 1927, the degree of such person&#8217;s disablement shall be the degree of disablement set out in the second column of that Schedule opposite to the disablement from which such person is so suffering,<\/p>\n<p>(b) in any other case the degree of such person&#8217;s disablement shall be the degree assessed in that behalf by the Army Pensions Board.<\/p>\n<p>(2) The following provisions shall for the purposes of this Part of this Act have effect in relation to a person suffering from a disablement due to a disease, that is to say:\u2014<\/p>\n<p>(a) the degree of such person&#8217;s disablement shall be the degree assessed in that behalf by the Army Pensions Board, and<\/p>\n<p>(b) the assessment of such person&#8217;s disablement shall be made on a percentage basis, and total disablement shall be assessed at one hundred per cent. and every disablement less than total disablement shall be assessed as a percentage of total disablement.<\/p>\n<p>Pensions to former members of the forces in respect of wounds or disease aggravated, etc., by service.<\/p>\n<p>28.\u2014(1) Where\u2014<\/p>\n<p>(a) a person has been discharged from the forces before the date of the passing of this Act; and<\/p>\n<p>(b) such person is not entitled to a pension under the Acts or the Acts as amended by this Act; and<\/p>\n<p>(c) such person is at the date of his examination by the Army Pensions Board suffering from\u2014<\/p>\n<p>(i) a disablement (not being less in degree than twenty per cent.) due to a wound aggravated by\u2014<\/p>\n<p>(I) a wound attributable to service in the forces and received during the period (in this section referred to as the service period) commencing on the 1st day of April, 1922, and ending on the 30th day of September, 1924, while a member of the forces, or<\/p>\n<p>(II) a disease attributable to service in the forces during the service period, or<\/p>\n<p>(III) service in the forces during the service period, or<\/p>\n<p>(ii) a disablement (not being less in degree than twenty per cent.) due to a disease aggravated by a wound attributable to service in the forces and received during the service period while a member of the forces, or<\/p>\n<p>(iii) a disablement (not being less in degree than eighty per cent.) due to a disease aggravated by\u2014<\/p>\n<p>(I) a disease attributable to service in the forces during the service period, or<\/p>\n<p>(II) service in the forces during the service period, or<\/p>\n<p>(iv) a disablement (not being less in degree than twenty per cent.) due to a disease which was accelerated or excited by a wound attributable to service in the forces and received during the service period while a member of the forces, or<\/p>\n<p>(v) a disablement (not being less in degree than eighty per cent.) due to a disease which was accelerated or excited by\u2014<\/p>\n<p>(I) a disease attributable to service in the forces during the service period, or<\/p>\n<p>(II) service in the forces during the service period,<\/p>\n<p>there may, if such disablement manifested itself before the 1st day of July, 1926, be granted to such person a pension at the rate mentioned in the second column of the Schedule to this Act opposite to the appropriate degree of disablement in the first column of that Schedule.<\/p>\n<p>(2) Every application for a pension under this section shall be referred by the Minister to the Army Pensions Board.<\/p>\n<p>Pensions to members of organisations to which Part II of the Act of 1932 applies in respect of wounds or disease aggravated, etc., by service.<\/p>\n<p>29.\u2014(1) Where\u2014<\/p>\n<p>(a) a person was a member of an organisation to which Part II of the Act of 1932 applies, and<\/p>\n<p>(b) such person was engaged in military service, and<\/p>\n<p>(c) such person is not entitled to a pension under the Acts or the Acts as amended by this Act, and<\/p>\n<p>(d) such person is at the date of his examination by the Army Pensions Board suffering from\u2014<\/p>\n<p>(i) a disablement (not being less in degree than twenty per cent.) due to a wound aggravated by\u2014<\/p>\n<p>(I) a wound attributable to military service, or<\/p>\n<p>(II) a disease attributable to military service, or<\/p>\n<p>(III) military service, or<\/p>\n<p>(ii) a disablement (not being less in degree than twenty per cent.) due to a disease aggravated by a wound attributable to military service, or<\/p>\n<p>(iii) a disablement (not being less in degree than eighty per cent.) due to a disease aggravated by\u2014<\/p>\n<p>(I) a disease attributable to military service, or<\/p>\n<p>(II) military service, or<\/p>\n<p>(iv) a disablement (not being less in degree than twenty per cent.) due to a disease which was accelerated or excited by a wound attributable to military service, or<\/p>\n<p>(v) a disablement (not being less in degree than eighty per cent.) due to a disease which was accelerated or excited by\u2014<\/p>\n<p>(I) a disease attributable to military service, or<\/p>\n<p>(II) military service,<\/p>\n<p>there may, if such disablement manifested itself before the 1st day of July, 1926, be granted to such person a pension at the rate mentioned in the second column of the First Schedule to this Act opposite to the appropriate degree of disablement in the first column of that Schedule.<\/p>\n<p>(2) Every application for a pension under this section shall be referred by the Minister to the Military Service Registration Board and thereupon the provisions of section 8 of the Act of 1932, as amended by Part IV of this Act, shall apply in respect of such application and of the service certificate in respect of the applicant issued by the said Board.<\/p>\n<p>(3) Where the Minister after having referred under the immediately preceding sub-section to the Military Service Registration Board an application by a person for the grant of a pension under this section receives from the said Board a service certificate in respect of such person, the Minister shall, unless it appears from such certificate that such person is not a person (in this section referred to as a qualified person) to whom a pension could be granted under this section, refer the said application to the Army Pensions Board.<\/p>\n<p>(4) Where a service certificate, which was issued in respect of a person who made an application for a pension under this section, is reviewed under sub-section (3) of section 8 of the Act of 1932, and varied on such review, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) in case it appeared from such certificate, as originally issued, that such person was not a qualified person and it appears from such certificate, as so varied, that such person is a qualified person, then, the provisions of sub-section (3) of this section shall apply in respect of such application in like manner as if it appeared from such certificate, before such variation, that such person was a qualified person;<\/p>\n<p>(b) in case it appeared from such certificate, as originally issued, that such person was a qualified person and a pension was granted under this section to him accordingly, and it appears from such certificate, as so varied, that such person is not a qualified person, the Minister shall by order revoke such pension as from the date of such order.<\/p>\n<p>Provisions in relation to applications for pensions under Part VI.<\/p>\n<p>30.\u2014The following provisions shall have effect in relation to applications for pensions under this Part of this Act, that is to say:\u2014<\/p>\n<p>(a) every application shall be made to the Minister before the 1st day of July, 1938,<\/p>\n<p>(b) every application shall be in such form and contain such particulars as the Minister may direct.<\/p>\n<p>Report by Army Pensions Board on applications for pensions under Part VI.<\/p>\n<p>31.\u2014(1) Whenever an application for a pension under this Part of this Act is referred to the Army Pensions Board, they shall assess and report to the Minister the degree of disability from which the applicant is suffering and shall also report to the Minister on such other matters arising on such application as they may be requested by the Minister to report upon, and for the purposes of such report shall cause such application to be investigated in such manner as the Minister may direct.<\/p>\n<p>(2) The Army Pensions Board may, for the purposes of carrying out the duties imposed on them by this section, make all such inquiries, summon all such witnesses, and take such evidence on oath (which any member is hereby authorised to administer) or otherwise as they may deem necessary.<\/p>\n<p>Commencement of pensions under Part VI.<\/p>\n<p>32.\u2014Each pension under this Part of this Act shall commence on such day (not being earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>Application of certain sections of Army Pensions Acts, 1923 and 1927, in respect of pensions under Part VI.<\/p>\n<p>33.\u2014(1) Sections 6 , and 9 to 14 of the Act of 1923, and sections 21 and 23 of the Act of 1927, shall apply in respect of pensions under this Part of this Act, persons who are or who claim to be entitled to such pensions, persons to whom such pensions are granted and persons applying for such pensions as if such pensions were the pensions mentioned in those sections respectively.<\/p>\n<p>(2) The reference in section 21 of the Act of 1927 to persons attending in the city or county of Dublin 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 in the city or county of Dublin as applicants or witnesses before the Military Service Registration Board pursuant to a summons by that Board.<\/p>\n<p>PART VII.<\/p>\n<p>Special dependants&#8217; allowances and special gratuities.<\/p>\n<p>Special dependants&#8217; Allowances.<\/p>\n<p>Deceased persons in respect of whom this Part of this Act applies.<\/p>\n<p>34.\u2014This Part of this Act applies in respect of every deceased person who was a member of an organisation to which Part II of the Act of 1932 applies and who complies with one of the following conditions, that is to say:\u2014<\/p>\n<p>(a) such person was killed while engaged in military service and was so killed in circumstances attributable to such military service;<\/p>\n<p>(b) such person 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 his death was due to such wound;<\/p>\n<p>(c) such person was engaged in pre-truce military service only and died before the 11th day of July, 1925 and his death was due to disease attributable to such service;<\/p>\n<p>(d) such person\u2014<\/p>\n<p>(i) was engaged in post-truce military service (either in addition to or without pre-truce military service), and<\/p>\n<p>(ii) died, before the date of the passing of this Act, from a wound attributable to pre-truce military service, or post-truce military service, or a disease attributable to pre-truce military service or post-truce military service or pre-truce military service and post-truce military service.<\/p>\n<p>\u201cDependant relatives.\u201d<\/p>\n<p>35.\u2014In this Part of this Act\u2014<\/p>\n<p>the expression \u201cdependant relative\u201d when used in relation to a deceased person in respect of whom this Part of this Act applies means a person\u2014<\/p>\n<p>(a) who is either the mother, father (being over the age of sixty or incapacitated by ill-health), a permanently invalided brother, or permanently invalided unmarried sister of such deceased person, and<\/p>\n<p>(b) who either\u2014<\/p>\n<p>(i) was dependant on such deceased person at the date of his death, or<\/p>\n<p>(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.<\/p>\n<p>Yearly means of dependant relatives.<\/p>\n<p>36.\u2014For the purpose of this Part of this Act the yearly means of a dependant relative of a deceased person in respect of whom this Part of this Act applies shall be the yearly means of such dependant relative as ascertained in accordance with the joint directions of the Minister and the Minister for Finance.<\/p>\n<p>Allowance to certain relatives of deceased members of organisations to which Part II of the Act of 1932 applies.<\/p>\n<p>37.\u2014(1) Subject to the provisions of this Part of this Act, there may be granted an allowance (in this Part of this Act referred to as a dependant&#8217;s allowance) to any person in whose case the Minister and the Minister for Finance are satisfied that the statutory conditions are complied with.<\/p>\n<p>(2) A dependant&#8217;s allowance granted to any person shall be an annual sum of such amount as will, when added to the yearly means of such person, not equal or exceed forty pounds.<\/p>\n<p>(3) For the purposes of this section the statutory conditions for the grant of a dependant&#8217;s allowance to a person shall be\u2014<\/p>\n<p>(a) that such person is a dependant relative of a deceased person in respect of whom this Part of this Act applies; and<\/p>\n<p>(b) that such a person is not in receipt of an allowance under the Acts; and<\/p>\n<p>(c) that no other individual is in receipt of a dependant&#8217;s allowance or an allowance under the Acts in respect of such deceased person; and<\/p>\n<p>(d) that the yearly means of such person do not equal or exceed forty pounds.<\/p>\n<p>(4) A dependant&#8217;s allowance 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.<\/p>\n<p>(5) Every dependant&#8217;s allowance shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>Applications for dependants&#8217; allowances.<\/p>\n<p>38.\u2014(1) The following provisions shall apply in respect of applications for a dependant&#8217;s allowance, that is to say:\u2014<\/p>\n<p>(a) every application shall be in such form and contain such particulars as the Minister may require,<\/p>\n<p>(b) every application by a dependant relative of a person in respect of whom this Part of this Act applies shall\u2014<\/p>\n<p>(i) if such relative is a parent of such deceased person, be made within two years after the date of the passing of this Act,<\/p>\n<p>(ii) if such relative is a brother or sister of such deceased person, be made within five years after the said date.<\/p>\n<p>(2) Save as otherwise provided by this Part of this Act, no application for a dependant&#8217;s allowance which has been refused shall be reviewed after the expiration of the relevant period for making applications appointed by the immediately preceding sub-section.<\/p>\n<p>Reference of applications for dependants&#8217; allowances to the Military Service Registration Board and the Army Pensions Board.<\/p>\n<p>39.\u2014(1) Every application for a dependant&#8217;s allowance in respect of a deceased person in respect of whom this Part of this Act applies shall be referred by the Minister to the Military Service Registration Board, and thereupon the provisions of section 8 of the Act of 1932, as amended by Part IV of this Act, shall apply in respect of such application and of the service certificate issued in respect of such deceased person by the said Board.<\/p>\n<p>(2) Where the Minister after having referred under the immediately preceding sub-section to the Military Service Registration Board an application for the grant of a dependant&#8217;s allowance in respect of a deceased person in respect of whom this Part of this Act applies, receives from the said Board a service certificate in respect of such deceased person, the Minister shall, unless it appears from such service certificate that such deceased person is not a deceased person (in this section referred to as a qualified person) in respect of whom this Part of this Act applies, refer the said application to the Army Pensions Board.<\/p>\n<p>(3) Where a service certificate, which was issued in respect of a deceased person in respect of whom an application was made for a dependant&#8217;s allowance, is reviewed under sub-section (3) of section 8 of the Act of 1932, and varied on such review, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) in case it appeared from such certificate, as originally issued, that such deceased person was not a qualified person and it appears from such certificate, as so varied, that such deceased person is a qualified person, then the provisions of sub-section (2) of this section shall apply in respect of such application in like manner as if it appeared from such service certificate, before such variation, that such deceased person was a qualified person;<\/p>\n<p>(b) in case it appeared from such certificate, as originally issued, that such deceased person was a qualified person and a dependant&#8217;s allowance in respect of such deceased person was accordingly granted, and it appears from such certificate, as so varied, that such deceased person is not a qualified person, the Minister shall by order revoke such allowance as from the date of such order.<\/p>\n<p>Revision of dependants&#8217; allowances.<\/p>\n<p>40.\u2014(1) A dependant&#8217;s allowance shall be subject to periodic review (not more frequently than once a year) on such occasions and at such intervals as the Minister shall, with the consent of the Minister for Finance, determine 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 with effect from such date as the Minister with the consent of the Minister for Finance may determine or be reduced to the appropriate rate as from the date of the review.<\/p>\n<p>(2) If any person from whom a dependant&#8217;s allowance has been withdrawn under the provisions of the immediately preceding sub-section, or to whom a dependant&#8217;s allowance is payable at a rate less than fifteen shillings a week, shall subsequently claim that he is eligible for the grant of an allowance or for the grant of an allowance at a higher rate than that already payable to him, the Minister may, if he is of opinion that there are good grounds for so doing, cause such claim to be reviewed (but not more frequently than once a year) and if it is found that the claimant is in fact entitled to receive a dependant&#8217;s allowance or an increased dependant&#8217;s allowance, such allowance or increased allowance shall be payable as from the date on which the claim is received by the Minister or from the date on which the claimant becomes entitled to the payment of such allowance or increased allowance, whichever is later.<\/p>\n<p>Special Gratuities.<\/p>\n<p>Ex-gratia payment to certain persons wounded or injured.<\/p>\n<p>41.\u2014(1) The Minister may, with the consent of the Minister for Finance, grant a gratuity (in this Part of this Act referred to as a special gratuity) of such amount (not exceeding one hundred pounds) as he thinks proper to any person in respect of whom all the following conditions are complied with, that is to say:\u2014<\/p>\n<p>(a) such person during the period commencing on the 1st day of April, 1916 and ending on the 30th day of September, 1923, received a wound or injury either\u2014<\/p>\n<p>(i) by reason of the fact that such person was keeping arms the property of any of the said organisations, or<\/p>\n<p>(ii) by being accidentally shot by a member of one of the said organisations who was staying in the house of such person and was evading arrest;<\/p>\n<p>(b) such person was not, at the time he received such wound or injury, a member of any of the organisations to which Part II of the Act of 1932 applies.<\/p>\n<p>(2) No person who is entitled to a pension, allowance or gratuity under the Acts, or under the Acts as amended by this Act, or under any other Part of this Act shall be entitled to apply for or be granted a special gratuity.<\/p>\n<p>Applications for special gratuities.<\/p>\n<p>42.\u2014(1) The following provisions shall apply in respect of applications for special gratuities, that is to say:\u2014<\/p>\n<p>(a) every application shall be in such form and contain such particulars as the Minister may require,<\/p>\n<p>(b) every application shall be made before the 1st day of July, 1938.<\/p>\n<p>(2) No application for a special gratuity which has been refused shall be reviewed after the 30th day of June, 1938.<\/p>\n<p>Reference of applications for special gratuities to the-Army Pensions Board.<\/p>\n<p>43.\u2014Every application for a special gratuity shall be referred by the Minister to the Army Pensions Board.<\/p>\n<p>Provisions relating to Dependants&#8217; Allowances and Special Gratuities.<\/p>\n<p>Report by Army Pensions Board on applications for dependents&#8217; allowances and special gratuities.<\/p>\n<p>44.\u2014(1) Whenever an application for a dependant&#8217;s allowance or a special gratuity is referred to the Army Pensions Board under this Part of this Act, they shall report to the Minister on such matters arising on such application as they may be requested by the Minister to report upon, and for the purposes of such report shall cause such application to be investigated in such manner as the Minister may direct.<\/p>\n<p>(2) The Army Pensions Board may for the purposes of carrying out the duties imposed on them by this section make all such inquiries, summon all such witnesses and take such evidence on oath (which any member is hereby authorised to administer) as they may deem necessary.<\/p>\n<p>Application of certain sections of Acts of 1923 and 1927.<\/p>\n<p>45.\u2014(1) Sections 9 , 10 , 11 , 12 and 14 of the Act of 1923, and section 21 of the Act of 1927 shall apply in respect of dependants&#8217; allowances and special gratuities, persons who are or claim to be entitled to such allowances and gratuities, persons to whom such allowances and gratuities are granted, and persons applying for such allowances and gratuities as if such allowances and gratuities were the allowances and gratuities mentioned in those sections respectively.<\/p>\n<p>(2) Section 13 of the Act of 1923 shall apply in respect of special gratuities as if such gratuities were the gratuities mentioned in the said section.<\/p>\n<p>(3) The reference in section 21 of the Act of 1927 to persons attending in the city or county of Dublin 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 in the city or county of Dublin as applicants or witnesses before the Military Service Registration Board pursuant to a summons of that Board.<\/p>\n<p>PART VIII.<\/p>\n<p>Miscellaneous Provisions.<\/p>\n<p>Restriction on application for gratuities under the Acts in respect of deceased persons.<\/p>\n<p>46.\u2014Where a gratuity under the Acts in respect of a deceased person has been awarded (whether before or after the passing of this Act) no further application for a gratuity under the Acts in respect of such deceased person shall be entertained by the Minister.<\/p>\n<p>Conclusiveness of certain findings of the Army Pensions Board.<\/p>\n<p>47.\u2014(1) The findings of the Army Pensions Board, as set out in their report (whether made before or after the passing of this Act) under the Acts or this Act in regard to the following matters arising in respect of any application under the Acts or this Act shall, subject to any revision of such findings by the Army Pensions Board under sub-section (2) of this section, be final and conclusive and binding on all persons and tribunals whatsoever, that is to say:\u2014<\/p>\n<p>(a) the attributability of a wound, or disease to service;<\/p>\n<p>(b) the attributability of a disablement to a wound or disease attributable to service;<\/p>\n<p>(c) the attributability of an increase in a disablement, caused by a disease attributable to service, to such service;<\/p>\n<p>(d) the attributability of death to service;<\/p>\n<p>(e) the attributability of death to a wound or disease attributable to service;<\/p>\n<p>(f) the attributability of death to a wound or disease in respect of which a pension was granted under the Acts;<\/p>\n<p>(g) the attributability of the aggravation of a wound or disease to a subsequent wound or disease or to service;<\/p>\n<p>(h) the attributability of the acceleration or excitation of a disease to a subsequent wound or disease or to service;<\/p>\n<p>(i) the date on which a disablement, due to a wound or a disease, which was aggravated, accelerated or excited by a wound, a disease or service, first manifested itself;<\/p>\n<p>and references in this section to a report shall be construed as references to a report made by the Army Pensions Board so far as such report relates to any of the matters mentioned in this sub-section.<\/p>\n<p>(2) Where the Army Pensions Board have under the Acts or this Act made a report to the Minister, the Minister may, on the ground that evidence not available prior to the issue of such report has since become available, at any time request the Army Pensions Board to review their report, and the Army Pensions Board shall thereupon review such report and may either, as they think fit, confirm or vary such report.<\/p>\n<p>(3) Where a report, which was made by the Army Pensions Board in respect of an application made by any person for a pension, gratuity or allowance under the Acts, is reviewed under sub-section (2) of this section and is varied on such review, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) in case it appeared from such report, as originally made, that such person was not a person (in this paragraph referred to as a qualified person) to whom a pension, allowance, or gratuity could be granted under the Acts and it appears from such report, as so varied, that such person is a qualified person, then, the Minister may grant to such person such pension, allowance, or gratuity (if any) as could have been granted under the Acts if such report as so varied were the original report, and any such pension or allowance so granted shall commence from such date (not being earlier than the date of the passing of this Act) as the Minister may determine;<\/p>\n<p>(b) in case it appeared from such report, as originally made, that such person was a person (in this paragraph referred to as a qualified person) to whom a pension or allowance could be granted under the Acts and a pension or allowance was granted to him accordingly, and it appears from such report, as so varied, that such person is not a qualified person, the Minister shall by order revoke such pension or allowance as from the date of such order;<\/p>\n<p>(c) in case it appeared from such report, as originally made, that such person was a person (in this paragraph referred to as a qualified person) to whom a pension could be granted under the Acts and a pension was granted to him accordingly, and it appears from such report, as so varied, that such person is a qualified person and the amount of such pension is greater or less than the amount to which, having regard to the terms of such report as so varied, he is entitled, the Minister shall by order decrease or increase such pension accordingly as from such date (not being earlier than, in case such pension is decreased, the date of such order or, in case such pension is increased the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>(4) In this section\u2014<\/p>\n<p>the expression \u201cthe Acts\u201d means the Acts, as amended by Part III and Part IV of this Act;<\/p>\n<p>the word \u201cservice\u201d means service which is either\u2014<\/p>\n<p>(a) service in the forces, or<\/p>\n<p>(b) military service within the meaning of Part II of the Act of 1932.<\/p>\n<p>Death of applicant for pension or gratuity after grant by Minister but before sanction of Minister for Finance.<\/p>\n<p>48.\u2014Where\u2014<\/p>\n<p>(a) the Minister has proposed to grant (whether before on or after the date of the passing of this Act) a pension or gratuity under the Acts, or has proposed to grant a pension under the Acts as amended by Part III or Part IV of this Act, and<\/p>\n<p>(b) the person to whom the Minister proposed to grant such pension or gratuity dies after such proposal has been submitted to the Minister for Finance but before such proposal has been sanctioned by him, and<\/p>\n<p>(c) such person was at the date of his death living in the house of the individual by whom such person was being supported in whole or in part,<\/p>\n<p>the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(i) in the case of any such pension, the Minister may, if he thinks proper, with the consent of the Minister for Finance, pay to such individual a sum not exceeding the amount which would, at the date of such person&#8217;s death, have accrued due on foot of such pension, if the grant of such pension had been sanctioned by the Minister for Finance on the date on which the Minister proposed to grant such pension,<\/p>\n<p>(ii) in the case of any such gratuity, the Minister may, if he thinks fit, with the consent of the Minister for Finance, pay to such individual a sum not exceeding the amount which would have been payable on foot of such gratuity, if the grant of such gratuity had been sanctioned by the Minister for Finance on the date on which the Minister proposed to grant such gratuity.<\/p>\n<p>Evidence of refusal of applications for pensions, etc.<\/p>\n<p>49.\u2014Where either before or after the passing of this Act\u2014<\/p>\n<p>(a) an application was or is made by any person for the grant of a pension, gratuity or allowance under the Acts or under the Acts as amended by this Act or under this Act, and<\/p>\n<p>(b) a notification purporting to be signed by an officer of the Minister was or is sent to such person informing him that such application has been refused,<\/p>\n<p>such application shall be deemed for the purpose of the Acts or this Act to have been refused as on the date on which such notification was or is so sent.<\/p>\n<p>Time limit for prosecutions.<\/p>\n<p>50.\u2014Notwithstanding anything contained in section 10 of the Petty Sessions (Ireland) Act, 1851 a prosecution for an offence under section 12 of the Act of 1923 (including that section as applied by the Act of 1927, the Act of 1932 and this present Act) may be brought within six months after the date when evidence to sustain the prosecution came to the notice of the Minister, and a certificate under the hand of the Minister as to the date on which evidence to sustain such prosecution came to his notice shall for the purposes of this section be conclusive.<\/p>\n<p>SCHEDULE.<\/p>\n<p>Rates of Pensions under Part VI.<\/p>\n<p>Degree of Disablement.<\/p>\n<p>Pension.<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>per cent.<\/p>\n<p>per annum<\/p>\n<p>100<\/p>\n<p>\u00a3100<\/p>\n<p>90<\/p>\n<p>90<\/p>\n<p>80<\/p>\n<p>80<\/p>\n<p>70<\/p>\n<p>70<\/p>\n<p>60<\/p>\n<p>60<\/p>\n<p>50<\/p>\n<p>50<\/p>\n<p>40<\/p>\n<p>40<\/p>\n<p>30<\/p>\n<p>30<\/p>\n<p>20<\/p>\n<p>20<\/p>\n<h2>ARMY PENSIONS ACT, 1937.<\/h2>\n<p>AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1932. [2nd June, 1937.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS OF SAORST\u00c1T EIREANN AS FOLLOWS:\u2014<\/p>\n<p>PART I.<\/p>\n<p>Preliminary and General.<\/p>\n<p>Short title and citation.<\/p>\n<p>1.\u2014(1) This Act may be cited as the Army Pensions Act, 1937.<\/p>\n<p>(2) The Army Pensions Acts, 1923 to 1932, and this Act may be cited together as the Army Pensions Acts, 1923 to 1937.<\/p>\n<p>Definitions.<\/p>\n<p>2.\u2014(1) In this Act\u2014<\/p>\n<p>the expression \u201cthe Act of 1923\u201d 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 by Part III of the Act of 1932;<\/p>\n<p>the expression \u201cthe Act of 1927\u201d 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;<\/p>\n<p>the expression \u201cthe Acts of 1923 and 1927\u201d means the Act of 1923 and the Act of 1927;<\/p>\n<p>the expression \u201cthe Act of 1932\u201d means the Army Pensions Act, 1932 (No. 24 of 1932);<\/p>\n<p>the expression \u201cthe Acts\u201d means the Army Pensions Acts, 1923 to 1932.<\/p>\n<p>(2) 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.<\/p>\n<p>PART II.<\/p>\n<p>Allowances to relatives of Signatories to the Proclamation published on Easter Monday, 1916.<\/p>\n<p>Allowances to relatives of signatories to the Proclamation published on Easter Monday, 1916.<\/p>\n<p>3.\u2014(1) There shall be paid out of moneys provided by the Oireachtas\u2014<\/p>\n<p>(a) to the widow (if any) of a Signatory, an annual allowance of five hundred pounds during her life, and<\/p>\n<p>(b) to each son and daughter (if any) of a Signatory, an annual allowance of two hundred pounds payable until he or she shall either attain the age of twenty-five years or die under that age, and<\/p>\n<p>(c) to each sister of a Signatory, an annual allowance of one hundred pounds during her life.<\/p>\n<p>(2) Each allowance under this section shall commence on the date of the passing of this Act and shall be payable monthly in arrear during the period for which it is payable.<\/p>\n<p>(3) Where a person entitled to an allowance under this section is immediately before the date of the passing of this Act in receipt of an allowance under the Acts, such last mentioned allowance shall cease to be payable as on and from the date of the passing of this Act.<\/p>\n<p>(4) In this section the word \u201cSignatory\u201d means a person who signed the Proclamation published on Easter Monday, 1916.<\/p>\n<p>PART III.<\/p>\n<p>Amendment of the Army Pensions Acts, 1923 and 1927, and Part III of the Army Pensions Act, 1932 .<\/p>\n<p>Amendment of section 8 of the Act of 1923.<\/p>\n<p>4.\u2014Where an allowance is payable under section 8 of the Act of 1923 to any of the dependants (being dependants mentioned in paragraph 5 of the Second Schedule to the Act of 1923) of any person who was executed in the Rising of 1916, the said paragraph shall, in relation to such dependant be construed and have effect, as on and from the date of the passing of this Act, as if there were substituted for the words and figures \u201c\u00a31 per week\u201d the words and figures \u201c\u00a390 per annum.\u201d<\/p>\n<p>Amendment of sections 7 and 12 of the Act of 1927.<\/p>\n<p>5.\u2014(1) Section 7 of the Act of 1927 is hereby amended in the following respects and the Act of 1927, and the Act of 1927 as amended by this Part of this Act, shall be construed and have effect accordingly, that is to say:\u2014<\/p>\n<p>(a) by the deletion in sub-section (1) of the said section of the words \u201c(save as is hereinafter otherwise provided)\u201d, and<\/p>\n<p>(b) by the deletion of sub-section (3) of the said section.<\/p>\n<p>(2) Section 12 of the Act of 1927 is hereby amended in the following respects and the Act of 1927 shall be construed and have effect accordingly, that is to say:\u2014<\/p>\n<p>(a) by the deletion in sub-sections (1) and (4) of the said section of the words \u201cor on behalf of the Minister (as the case may be)\u201d, and<\/p>\n<p>(b) by the deletion in sub-section (6) of all words after the word \u201cshall\u201d and the substitution for the words so deleted of the words \u201cbe the degree assessed in that behalf by the Army Pensions Board.\u201d<\/p>\n<p>Amendment of section 9 of the Act of 1927.<\/p>\n<p>6.\u2014(1) Sub-section (1) of section 9 of the Act of 1927 is hereby amended by the substitution of the words and figures \u201cor becomes, by reason of matters definitely attributable to such service, after such date but before the 1st day of July, 1938\u201d for the words \u201cor becomes after such date but within four years after his discharge\u201d now contained therein, and the Act of 1927 shall be construed and have effect accordingly.<\/p>\n<p>(2) Where, by virtue of the amendment of sub-section (1) of section 9 of the Act of 1927 effected by this section, a disability pension is after the date of the passing of this Act granted under the said sub-section (1) to any person, such pension shall, notwithstanding anything contained in sub-section (3) of the said section 9 , commence as on and from such date as the Minister may, having regard to all the circumstances of the case, determine, but such date shall not be earlier than the date of his examination by the Army Pensions Board at which his disablement was assessed at a degree not less than the minimum degree of disablement.<\/p>\n<p>Amendment of section 10 of the Act of 1927.<\/p>\n<p>7.\u2014(1) Sub-section (1) of section 10 of the Act of 1927 is hereby amended by the substitution of the words and figures \u201cor becomes, by reason of matters definitely attributable to such service, after such date but before the 1st day of July, 1938,\u201d for the words \u201cor becomes after such date but within four years after his discharge\u201d now contained therein, and the Act of 1927 shall be construed and have effect accordingly.<\/p>\n<p>(2) Where, by virtue of the amendment of sub-section (1) of section 10 of the Act of 1927 effected by this section, a disability pension is after the date of the passing of this Act granted under the said sub-section (1) to any person, such pension shall, notwithstanding anything contained in sub-section (3) of the said section 10 , commence as on and from such date as the Minister may having regard to all the circumstances of the case determine, but such date shall not be earlier than the date of his examination by the Army Pensions Board at which his disablement was assessed at a degree not less than the minimum degree of disablement.<\/p>\n<p>Amendment of section 13 of the Act of 1927.<\/p>\n<p>8.\u2014(1) Sub-section (1) of section 13 of the Act of 1927 is hereby amended by the insertion, before the words \u201cnot less than\u201d now contained therein, of the words and figures \u201cor becomes, by reason of matters definitely attributable to such military service or to such military service and such service in the forces, after such date but before the 1st day of July, 1938,\u201d and the Act of 1927 shall be construed and have effect accordingly.<\/p>\n<p>(2) Where, by virtue of the amendment of sub-section (1) of section 13 of the Act of 1927 effected by this section, a disability pension is granted under the said sub-section (1) to any person, such pension shall, notwithstanding anything contained in sub-section (3) of the said section 13 , commence as on and from such date as the Minister may having regard to all the circumstances of the case determine, but such date shall not be earlier than the date of his examination by the Army Pensions Board at which his disablement was assessed at a degree not less than the minimum degree of disablement.<\/p>\n<p>Amendment of section 14 of the Act of 1927.<\/p>\n<p>9.\u2014Notwithstanding anything contained in paragraph (i) of sub-section (1) of section 14 of the Act of 1927, the Minister shall not on or on account of the death of any person to whom, by virtue of paragraph (e) of the said sub-section, the said sub-section applies grant to the widow or any child of such person any gratuity unless his marriage to such widow took place before the 1st day of June, 1937.<\/p>\n<p>Finality of awards in respect of wounds under the Acts of 1923 and 1927.<\/p>\n<p>10.\u2014(1) Where before the passing of this Act an award of a gratuity under the Acts of 1923 and 1927, in respect of a wound, was made or an award of a pension or gratuity under the said Acts, in respect of a wound, was refused, such award or the refusal of such award (as the case may be) shall, save as is otherwise provided by this section, be final and incapable of reconsideration or review.<\/p>\n<p>(2) Any person to whom an award of a gratuity under the Acts of 1923 and 1927 in respect of a wound was made before the passing of this Act or any person to whom an award of a pension or gratuity under the said Acts in respect of a wound was refused before the passing of this Act solely on the ground that such person was not suffering from any disablement may apply within twelve months after the date of the passing of this Act to the Minister to have the amount of such award or the refusal of such award (as the case may be) reconsidered and thereupon the Minister, if he thinks proper so to do, may refer the matter to the Army Pensions Board for reconsideration and may, on the report of the Army Pensions Board, grant such pension or gratuity (if any) as could have been granted if such report had been made when the case was first investigated under the Acts of 1923 and 1927, subject to the limitation that any pension so granted shall commence on such date (not being earlier than the date of the passing of this Act or the date on which the disability is found by the Army Pensions Board to have reached twenty per cent. whichever is the later) as the Minister may determine.<\/p>\n<p>(3) Section 23 of the Act of 1932 is hereby repealed.<\/p>\n<p>Amendment of section 26 of the Act of 1932.<\/p>\n<p>11.\u2014(1) Paragraph (a) of section 26 (which amends section 18 of the Act of 1927) of the Act of 1932 is hereby repealed and in lieu thereof it is hereby enacted that every application by a person discharged from the forces (whether before or after the passing of this Act) for the grant of a wound pension or gratuity under the Acts of 1923 and 1927, on account of a wound attributable to service shall be made within twelve months after his discharge from the forces or twelve months after the date of the passing of this Act, whichever is the later.<\/p>\n<p>(2) Where an application was made (whether before or after the passing of this Act) by any person for the grant of a pension or gratuity under the Acts of 1923 and 1927 on account of a wound received by him and attributable to service, and such application was (whether before or after the passing of this Act) refused, such person shall not be entitled, by virtue of sub-section (1) of this section, to make a further application for such pension or gratuity.<\/p>\n<p>Commencement of certain pensions under the Acts of 1923 and 1927.<\/p>\n<p>12.\u2014(1) The following provision shall apply in respect of any pension granted, on or after the date of the passing of this Act, under the Acts of 1923 and 1927 to a person on account of a wound attributable to service in the forces, that is to say:\u2014<\/p>\n<p>(a) in case the application for such pension was made before the date of the passing of this Act and within the time appointed by paragraph (a) of section 26 of the Act of 1932, such pension shall, save as otherwise expressly provided by this Part of this Act, commence from such date (not being earlier than the 1st day of April, 1932, or the date on which the disability is found by the Army Pensions Board to have reached twenty per cent., whichever is the later) as the Minister may determine;<\/p>\n<p>(b) in any other case, such pension shall commence from such date (not being earlier than the date of the passing of this Act, or the date of the discharge from the forces or the date on which the disability is found by the Army Pensions Board to have reached twenty per cent. whichever is the latest) as the Minister may determine.<\/p>\n<p>(2) Every pension granted, on or after the date of the passing of this Act, under the Act of 1927 to a person on account of disease attributable to service in the forces shall, save as otherwise expressly provided by this Part of this Act, commence on such date (not being earlier than the 1st day of April, 1932, or the date on which the disability is found by the Army Pensions Board to have reached the minimum degree of disablement, whichever is the later) as the Minister may determine.<\/p>\n<p>Revocation of final grants of pensions under the Acts of 1923 and 1927.<\/p>\n<p>13.\u2014Where a final grant of a pension to any person has been made under the Act of 1923, or the Act of 1927, or the Act of 1927 as amended by this Part of this Act, and the Minister, in exercise of the powers conferred on him by sub-section (1) of section 24 (including the said section as applied by the next following section of this Act) of the Act of 1932, increases, reduces or suspends such pension, the Minister may, on the recommendation of the Army Pensions Board, direct that such final grant be revoked, and in that case the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) such final grant shall be revoked;<\/p>\n<p>(b) notwithstanding anything contained in the said sub-section (1), such person shall, in the event of a final grant of such pension being subsequently made, not be entitled to make any representation to the Minister under the said sub-section (1) after the expiration of ten years from the date on which the final grant so revoked was made.<\/p>\n<p>Application of section 24 of the Act of 1932.<\/p>\n<p>14.\u2014The expression \u201cthe Acts of 1923 and 1927\u201d wherever it occurs in section 24 of the Act of 1932 shall be construed as including the Act of 1927 as amended by this Part of this Act.<\/p>\n<p>PART IV.<\/p>\n<p>Amendment of Part II of the Army Pensions Act, 1932.<\/p>\n<p>Amendment of section 8 of the Act of 1932.<\/p>\n<p>15.\u2014(1) Sub-section (1) of section 8 of the Act of 1932 is hereby amended by the insertion therein of the following paragraph in lieu of paragraph (d) now contained therein, and the said sub-section shall be construed and have effect accordingly, that is to say:\u2014<\/p>\n<p>\u201c(d) whether there is any evidence that such person contracted any disease during his military service, and, if so, the particulars of such evidence, and, if such person is dead, the date of his death, and\u201d.<\/p>\n<p>(2) Section 8 of the Act of 1932 is hereby amended by the insertion therein of the following two sub-sections in lieu of sub-section (2) now contained therein and the said section shall be construed and have effect and be deemed always to have had effect accordingly, that is to say:\u2014<\/p>\n<p>\u201c(2) Every certificate (in this Act referred to as a service certificate) issued by the Registration Board to the Minister in pursuance of this section shall be in the prescribed form and shall, subject to any variation of such certificate made by the Registration Board under sub-section (3) of this section, be final and conclusive evidence of the matters of fact certified therein.<\/p>\n<p>(3) The Minister may, on the ground that evidence not available prior to the issue of such certificate has since become available, at any time request the Registration Board to review any service certificate, and thereupon the Registration Board shall review such certificate and may, after such review, either, as they think proper, confirm or vary such certificate.\u201d<\/p>\n<p>Provisions consequential on variation of service certificates.<\/p>\n<p>16.\u2014(1) Where a service certificate, which was issued in respect of a person who made an application for a pension or a gratuity under Part II of the Act of 1932, is reviewed under sub-section (3) of section 8 of the Act of 1932, and varied on such review, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) in case it appeared from such certificate, as originally issued, that such person was not a person (in this sub-section referred to as a qualified person) to whom a pension or gratuity could be granted under Part II of the Act of 1932, and it appears from such certificate, as so varied, that such person is a qualified person, then\u2014<\/p>\n<p>(i) the provisions of section 9 of the Act of 1932 shall apply in respect of such application in like manner as if it appeared from such certificate, before such variation, that such person was a qualified person,<\/p>\n<p>(ii) in case such application was for the grant under Part II of the Act of 1932 of a pension or gratuity in respect of a wound, the refusal of such application shall, for the purposes of section 18 of the Act of 1932, be deemed not to be the refusal of an award,<\/p>\n<p>(iii) any pension granted under Part II of the Act of 1932 to such person shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine;<\/p>\n<p>(b) in case it appeared from such certificate, as originally issued, that such person was a qualified person and a pension was granted under Part II of the Act of 1932 to him accordingly, and it appears from such certificate, as so varied, that such person is not a qualified person, the Minister shall by order revoke such pension as from the date of such order;<\/p>\n<p>(c) in case it appeared from such certificate, as originally issued, that such person was a qualified person and a pension was granted under Part II of the Act of 1932 to him accordingly, and it appears from such certificate as so varied, that such person is a qualified person, and the amount of such pension is greater or less than the amount to which, having regard to the terms of such certificate as so varied, he is entitled, the Minister shall by order decrease or increase such pension accordingly from the date of such order.<\/p>\n<p>(2) Where a service certificate, which was issued in respect of a deceased person in respect of whom an application was made for an allowance or gratuity under Part II of the Act of 1932, is reviewed under sub-section (3) of section 8 of the Act of 1932, and varied on such review, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) in case it appeared from such certificate, as originally issued, that such deceased person was not a person (in this sub-section referred to as a qualified person) in respect of whom an allowance or gratuity could be granted under Part II of the Act of 1932, and it appears from such certificate, as so varied, that such deceased person is a qualified person, then\u2014<\/p>\n<p>(i) the provisions of section 9 of the Act of 1932 shall apply in respect of such application in like manner as if it appeared from such service certificate, before such variation, that such deceased person was a qualified person,<\/p>\n<p>(ii) any allowance granted under Part II of the Act of 1932 in respect of such deceased person shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine;<\/p>\n<p>(b) in case it appeared from such certificate, as originally issued, that such deceased person was a qualified person and an allowance in respect of such deceased person was accordingly granted under Part II of the Act of 1932, and it appears from such certificate, as so varied, that such deceased person is not a qualified person, the Minister shall by order revoke such allowance as from the date of such order.<\/p>\n<p>(3) References in this section to the Act of 1932 shall be construed as meaning the Act of 1932, or the Act of 1932 as amended by this Part of this Act.<\/p>\n<p>Amendment of section 10 of the Act of 1932.<\/p>\n<p>17.\u2014(1) Where\u2014<\/p>\n<p>(a) a service certificate has been issued in respect of a person, and<\/p>\n<p>(b) it appears from such service certificate that such person was a member of an organisation to which Part II of the Act of 1932 applies, and<\/p>\n<p>(c) such person being such a member was during any period ending before the 30th day of September, 1923, interned or imprisoned by or by order of the British Government, the Government of Saorst\u00e1t Eireann, the Provisional Government, or the Government of Northern Ireland, and<\/p>\n<p>(d) such person lost from any cause, while so interned or imprisoned, a leg, an arm, or an eye,<\/p>\n<p>the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(i) such loss shall be deemed, for the purposes of sub-section (1) of section 10 of the Act of 1932, to be a disablement due to a wound attributable to military service, and Part II of the Act of 1932 shall be construed and have effect accordingly;<\/p>\n<p>(ii) the critical date for the purposes of sub-section (4) of the said section 10 shall be the date on which such person suffered such loss;<\/p>\n<p>(iii) any pension granted to such person under the said sub-section (1) shall, notwithstanding anything contained in sub-section (1) of section 15 of the Act of 1932, commence as on and from the date of the passing of this Act.<\/p>\n<p>(2) Sub-section (2) of section 10 of the Act of 1932 is hereby amended by the insertion, after the words \u201chis said examination\u201d now contained therein, of the words and figures \u201cor, in case such date falls before the 30th day of June, 1938, becomes, by reason of matters definitely attributable to military service, after such date but before the 1st day of July, 1938,\u201d and Part II of the Act of 1932 shall be construed and have effect accordingly.<\/p>\n<p>(3) Where, by virtue of the amendment of sub-section (2) of section 10 of the Act of 1932 effected by this section, a pension is granted under the said sub-section (2) to any person, such pension shall, notwithstanding anything contained in sub-section (1) of section 15 of the Act of 1932 or in this Act, commence as on and from such date as the Minister may, having regard to all the circumstances of the case, determine, but such date shall not be earlier than the date of his examination by the Army Pensions Board at which his disablement was assessed at a degree not less than the minimum degree of disablement.<\/p>\n<p>Amendment of section 12 of the Act of 1932.<\/p>\n<p>18.\u2014(1) Where\u2014<\/p>\n<p>(a) an allowance is payable under section 12 of the Act of 1932 to the widow of any person (other than a person who signed the Proclamation published on Easter Monday, 1916), and<\/p>\n<p>(b) such person was killed or executed in the Rising of 1916,<\/p>\n<p>Part I of the Second Schedule to the Act of 1932 shall, in relation to such widow, be construed and have effect, as on and from the date of the passing of this Act, as if there were substituted for the words and figures \u201c\u00a367 10s. per annum during widowhood and a gratuity of \u00a390 on first re-marriage\u201d the words and figures \u201c\u00a390 per annum during widowhood and gratuity of \u00a3120 on first re-marriage.\u201d<\/p>\n<p>(2) Sub-section (1) of section 12 of the Act of 1932 shall be construed and have effect as if in paragraph (b) of the said sub-section there were substituted for the expression \u201cor gratuity as is mentioned in the said Part II\u201d now contained therein the expression \u201cas is mentioned in the said Part II or such gratuity as is mentioned in Part III of the said Schedule.\u201d<\/p>\n<p>Further amendment of section 12 of the Act of 1932.<\/p>\n<p>19.\u2014(1) Section 12 of the Act of 1932 shall (in addition to the persons to whom the said section applies by virtue of paragraphs (a) (b) and (c) of sub-section (3) of the said section) also apply to every person who was a member of an organisation to which Part II of the Act of 1932 applies and who complied with one of the following conditions, that is to say:\u2014<\/p>\n<p>(a) such person was engaged in post-truce military service (either in addition to or without pre-truce military service) and died before the date of the passing of this Act from\u2014<\/p>\n<p>(i) a wound attributable to pre-truce military service or post-truce military service, or<\/p>\n<p>(ii) a disease attributable to pre-truce military service or post-truce military service or pre-truce military service and post-truce military service;<\/p>\n<p>(b) such person died while engaged in military service from a disease not attributable to military service, and so died either while a member of an Active Service Unit or while detained in a prison or ship or an internment camp.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) a deceased member of an organisation to which Part II of the Act of 1932 applies was engaged in post-truce military service (either in addition to or without pre-truce military service), and<\/p>\n<p>(b) such member died before the date of the passing of this Act, and<\/p>\n<p>(c) such member died from either\u2014<\/p>\n<p>(i) a wound attributable to pre-truce military service or post-truce military service, or<\/p>\n<p>(ii) a disease attributable to pre-truce military service or post-truce military service or pre-truce military service and post-truce military service, and<\/p>\n<p>(d) such member leaves a widow, and<\/p>\n<p>(e) the marriage of such widow to such member took place, in case his death was due to a wound, after the date on which he received such wound or, in case his death was due to disease, after the 1st day of October, 1928,<\/p>\n<p>the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(i) no allowance or gratuity shall be granted under sub-section (1) of section 12 of the Act of 1932 to any person on account of the death of such member, and<\/p>\n<p>(ii) in case such person died on or after the 10th day of December, 1932, and was not granted a pension in respect of such wound or disease under Part II of the Act of 1932, or died before the 10th day of December, 1932, the Minister, with the consent of the Minister for Finance, may on account of the death of such member grant to the widow or children of such member a gratuity of one hundred and twelve pounds and ten shillings.<\/p>\n<p>(3) Where\u2014<\/p>\n<p>(a) a deceased member of an organisation to which Part II of the Act of 1932 applies was engaged in post-truce military service (either in addition to or without pre-truce military service), and<\/p>\n<p>(b) such member died on or after the 10th day of December, 1932, and<\/p>\n<p>(c) such member died either from\u2014<\/p>\n<p>(i) a wound attributable to pre-truce military service or post-truce military service, or<\/p>\n<p>(ii) a disease attributable to pre-truce military service or post-truce military service or pre-truce military service and post-truce military service, and<\/p>\n<p>(d) such member was granted a pension in respect of such wound or disease under Part II of the Act of 1932,<\/p>\n<p>no allowance or gratuity shall be granted under sub-section (1) of section 12 of the Act of 1932 to any person on account of the death of such member but, the Minister may, if such member was not granted a married pension and leaves a widow or children and his marriage to such widow took place before the 1st day of June, 1937, grant to such widow or children a gratuity of one hundred and twelve pounds and ten shillings.<\/p>\n<p>(4) An allowance granted under sub-section (1) of section 12 of the Act of 1932 on account of the death of a person to whom the said section 12 applies by virtue of sub-section (1) of this section shall, notwithstanding anything contained in sub-sections (2) and (3) of section 15 of the Act of 1932, commence as on and from the date of the passing of this Act.<\/p>\n<p>(5) The following provisions of section 12 of the Act of 1932 are hereby repealed, that is to say, paragraph (d) of sub-section (3), and sub-sections (4) and (5).<\/p>\n<p>Application of section 14 of the Act of 1932.<\/p>\n<p>20.\u2014The expression \u201cthis Part of this Act\u201d in section 14 of the Act of 1932 shall be construed as meaning Part II of the Act of 1932 or Part II of the Act of 1932 as amended by this Part of this Act.<\/p>\n<p>Amendment of section 15 of the Act of 1932.<\/p>\n<p>21.\u2014(1) Where\u2014<\/p>\n<p>(a) a pension (including a married pension) is after the date of the passing of this Act granted under Part II of the Act of 1932, and<\/p>\n<p>(b) the application for such pension was not duly made before the 11th day of December, 1933,<\/p>\n<p>such pension shall, notwithstanding anything contained in sub-section (1) of section 15 of the Act of 1932, commence, save where otherwise expressly provided by this Part of this Act, as on and from the date of the passing of this Act.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) an allowance is, after the date of the passing of this Act, granted under Part II of the Act of 1932 to the widow, children, or dependants of a person who died before the 11th day of December, 1932, and<\/p>\n<p>(b) the application for such allowance was not duly made before the 11th day of December, 1933,<\/p>\n<p>such allowance shall, notwithstanding anything contained in sub-section (2) or sub-section (3) of section 15 of the Act of 1932, commence as on and from the date of the passing of this Act.<\/p>\n<p>(3) Where\u2014<\/p>\n<p>(a) an allowance is, after the date of the passing of this Act, granted under Part II of the Act of 1932 to the widow, children or dependants of a person who died on or after the 11th day of December, 1932, and before the date of the passing of this Act, and<\/p>\n<p>(b) the application for such allowance was not duly made within twelve months after the death of such person,<\/p>\n<p>such allowance shall, notwithstanding anything contained in sub-section (3) of section 15 of the Act of 1932, commence as on and from the date of the passing of this Act.<\/p>\n<p>(4) Sub-section (2) of section 15 of the Act of 1932 is hereby amended by the insertion in the said sub-section of the words \u201cor on\u201d after the word \u201cbefore\u201d now contained therein, and the said sub-section shall be construed and have effect accordingly.<\/p>\n<p>Time limit for making applications for pensions, etc., under Part II of Act of 1932.<\/p>\n<p>22.\u2014(1) Every application by a person who was a member of an organisation to which Part II of the Act of 1932 applies for the grant of a pension or gratuity under the said Part II, or under the said Part II as amended by this Act, shall be made within twelve months after the date of the passing of this Act.<\/p>\n<p>(2) Every application for the grant of an allowance or gratuity under the said Part II, or under the said Part II as amended by this Act, to the widow, children or dependants of a person who died on or before the date on which this Act is passed shall be made before the 1st day of July, 1938.<\/p>\n<p>(3) Every application for the grant of an allowance or gratuity under the said Part II, or under the said Part II as amended by this Act, to the widow, children or dependants of a person who dies after the day on which this Act is passed shall be made before the 1st day of July, 1938, or before the expiration of twelve months after the date of the death of such person, whichever is the later.<\/p>\n<p>(4) Where an application was duly made before the passing of this Act by any person for a pension, allowance or gratuity under Part II of the Act of 1932, and such application was refused, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) in case such application was refused on the ground that Part II of the Act of 1932 did not apply to him, and the said Part II as amended by this Part of this Act applies to him, such person may renew such application;<\/p>\n<p>(b) in any other case such person shall not be entitled, by virtue of any of the preceding sub-sections of this section, to renew such application.<\/p>\n<p>(5) Section 16 of the Act of 1932 is hereby repealed.<\/p>\n<p>Time limit for application for allowances and gratuities under Part II of the Act of 1932 by widows, children and dependants of certain persons.<\/p>\n<p>23.\u2014(1) Where\u2014<\/p>\n<p>(a) a person dies more than twelve months after the passing of this Act, and<\/p>\n<p>(b) such person&#8217;s death is due to a wound or disease, and<\/p>\n<p>(c) such person did not within twelve months after the date of the passing of this Act apply for a pension in respect of such wound or disease under Part II of the Act of 1932, as amended by this Act,<\/p>\n<p>no claim in respect of the death of such person for an allowance or gratuity under the said Part II, as so amended, by the widow or any child or dependant of such person shall be entertained.<\/p>\n<p>(2) Nothing in this section shall be construed as limiting the operation of sub-section (3) of the immediately preceding section.<\/p>\n<p>(3) Section 17 of the Act of 1932 is hereby repealed.<\/p>\n<p>Revocation of final grants of pensions under Part II of the Act of 1932.<\/p>\n<p>24.\u2014Where a final grant of a pension to any person has been made under Part II of the Act of 1932, or Part II of the Act of 1932 as amended by this Part of this Act, and the Minister, in exercise of the powers conferred on him by sub-section (1) of section 19 of the Act of 1932, increases, reduces or suspends such pension, the Minister may, on the recommendation of the Army Pensions Board, direct that such final grant be revoked, and in that case the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) such final grant shall be revoked;<\/p>\n<p>(b) notwithstanding anything contained in the said sub-section (1), such person shall, in the event of a final grant of such pension being subsequently made, not be entitled to make any representation to the Minister under the said sub-section (1) after the expiration of ten years from the date on which the final grant so revoked was made.<\/p>\n<p>Application of certain sections of Part II of the Act of 1932.<\/p>\n<p>25.\u2014The expression \u201cunder this Part of this Act\u201d wherever it occurs in sections 11 , 13 , 18 and 19 of the Act of 1932 shall be construed as including Part II of the Act of 1932 as amended by this Part of this Act.<\/p>\n<p>PART V.<\/p>\n<p>Disability pensions in respect of disablements due to disease attributable to service where disability is less than eighty per cent. and not less than fifty per cent.<\/p>\n<p>Disability pensions in respect of disablements due to disease attributable to service where disability is less than 80 per cent, and not less than 50 per cent.<\/p>\n<p>26.\u2014(1) Where an application by a person for a disability pension was, before the date of the passing of this Act, refused solely on the ground that the disablement from which he was suffering was less than eighty per cent. in degree, and such person applies to the Minister, before the 1st day of July, 1938, for re-examination by the Army Pensions Board under this sub-section, the Minister shall request the Army Pensions Board to re-examine such person, and thereupon the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(i) the Army Pensions Board shall re-examine such person accordingly;<\/p>\n<p>(ii) if his degree of disablement is at the date of such re-examination less than eighty per cent. and not less than fifty per cent., there may be granted to such person a final pension of fifteen shillings per week commencing on such date (not being earlier than the date of the passing of this Act) as the Minister may determine;<\/p>\n<p>(iii) if his degree of disablement is at the date of such re-examination not less than eighty per cent. but such person is not awarded a disability pension, there may be granted to such person a final pension of fifteen shillings per week commencing from such date (not being earlier than the date of the passing of this Act) as the Minister may determine;<\/p>\n<p>(iv) if his degree of disablement is at the date of such re-examination not less than eighty per cent. and such person is awarded a disability pension, but his degree of disablement is found on any subsequent periodical re-examination to be less than eighty per cent., but not less than fifty per cent., there may be granted to such person, if he applies to the Minister therefor not later than twelve months after such periodical re-examination, a final pension of one pound per week commencing on such date (not being earlier than the date of the cesser of such disability pension) as the Minister may determine;<\/p>\n<p>(v) where such person is granted a pension under this sub-section, no disability pension shall be granted to or payable to such person.<\/p>\n<p>In this sub-section the expression \u201cdisability pension\u201d means a pension under section 9 or section 10 or section 13 of the Act of 1927, or a pension under sub-section (2) of section 10 of the Act of 1932.<\/p>\n<p>(2) Where a person was, before the date of the passing of this Act, in receipt of a disability pension and such person is not at the said date in receipt of such disability pension by reason of his degree of disablement having fallen below eighty per cent., and such person applies to the Minister before the 1st day of July, 1938, for re-examination by the Army Pensions Board under this sub-section, the Minister shall request the Army Pensions Board to re-examine such person, and thereupon the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(i) the Army Pensions Board shall re-examine such person accordingly;<\/p>\n<p>(ii) if his degree of disablement is at the date of such re-examination less than eighty per cent. but not less than fifty per cent., there may be granted to such person a final pension of one pound per week commencing on such date (not being earlier than the date of the passing of this Act) as the Minister may determine;<\/p>\n<p>(iii) if his degree of disablement is at the date of such re-examination not less than eighty per cent. and such person is awarded a disability pension, but his degree of disablement is on any subsequent periodical re-examination found to be less than eighty per cent. and not less than fifty per cent., there may, if he applies to the Minister therefor, not later than twelve months after such periodical re-examination, be granted to such person a final pension of one pound per week commencing on such date (not being earlier than the date of the cesser of such disability pension) as the Minister may determine;<\/p>\n<p>(iv) where such person is granted a pension under this sub-section, no disability pension shall be granted or payable to him.<\/p>\n<p>In this sub-section the expression \u201cdisability pension\u201d means a pension under section 9 or section 10 or section 13 of the Act of 1927 or a pension under sub-section (2) of section 10 of the Act of 1932.<\/p>\n<p>(3) Where a person is on the date of the passing of this Act in receipt of a disability pension and his degree of disability is subsequently found on any periodical re-examination to be less than eighty per cent. and not less than fifty per cent. and such person applies, within twelve months after the date of such periodical re-examination, for a pension under this sub-section, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(i) there may be granted to such person a final pension of one pound per week commencing from such date (not being earlier than the date of the cesser of such disability pension) as the Minister may determine,<\/p>\n<p>(ii) where a pension is granted under this sub-section to such person no disability pension shall be granted or payable to such person.<\/p>\n<p>In this sub-section the expression \u201cdisability pension\u201d means a pension under section 9 or section 10 or section 13 of the Act of 1927 or a pension under sub-section (2) of section 10 of the Act of 1932.<\/p>\n<p>(4) Where\u2014<\/p>\n<p>(a) an application is duly made before the date of the passing of this Act by a person for a disability pension and such application is not referred, before the said date, to the Army Pensions Board under section 9 of the Act of 1932, but is subsequently so referred, or<\/p>\n<p>(b) an application is duly made before the said date for a disability pension and such application is before the said date referred to the Army Pensions Board under the said section 9 , but such person has not been examined by the Army Pensions Board before the said date, or<\/p>\n<p>(c) an application is made on or after the said date by a person for a disability pension and such application is referred to the Army Pensions Board under the said section 9 ,<\/p>\n<p>then, if such person is at the date of his examination by the Army Pensions Board suffering from a disease attributable to military service, within the meaning of Part II of the Act of 1932, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(i) if such examination takes place before the 30th day of June, 1938, and his degree of disablement is found on the date of such examination to be less than eighty per cent. and not less than fifty per cent., there may be granted to such person, if he applies to the Minister therefor not later than twelve months after such examination, a final pension of fifteen shillings per week commencing from such date (not being earlier than the date of the passing of this Act) as the Minister may determine,<\/p>\n<p>(ii) if such examination takes place on or after the 30th day of June, 1938, and his degree of disablement is found on the date of such examination to be less than eighty per cent. but not less than fifty per cent., there may be granted to such person a final pension of fifteen shillings per week commencing from such date (not being earlier than the date of the passing of this Act) as the Minister may determine,<\/p>\n<p>(iii) if his degree of disablement is found on the date of such examination to be not less than eighty per cent. but is found on any periodical re-examination to be less than eighty per cent. but not less than fifty per cent., there may be granted to such person, if he applies to the Minister therefor, not later than twelve months after such re-examination, a final pension of one pound per week commencing on such date (not being earlier than the date of the cesser of his former disability pension) as the Minister may determine,<\/p>\n<p>(iv) where such person is granted a pension under this sub-section, no disability pension shall be granted or payable to him.<\/p>\n<p>In this sub-section\u2014<\/p>\n<p>the expression \u201cdisability pension\u201d means a pension under sub-section (2) of section 10 of the Act of 1932.<\/p>\n<p>(5) Every application for re-examination by the Army Pensions Board under this section and for a pension under this section shall be in such form and contain such particulars as the Minister may direct.<\/p>\n<p>(6) Sections 9 to 14 of the Act of 1923 shall apply in respect of pensions granted under this section and to persons to whom such pensions are payable as if such pensions were the pensions mentioned in those sections respectively.<\/p>\n<p>(7) Persons applying under this section for re-examination by the Army Pensions Board shall for the purposes of section 21 of the Act of 1927 be deemed to be applicants for the pensions mentioned in sub-section (1) of the said section 21.<\/p>\n<p>(8) In this section\u2014<\/p>\n<p>the expression \u201cdegree of disablement\u201d has the same meaning as in the Act of 1927;<\/p>\n<p>the expression \u201cperiodical re-examination\u201d means a periodical re-examination under section 6 of the Act of 1923.<\/p>\n<p>PART VI.<\/p>\n<p>Pensions in respect of disablements due to wounds or disease aggravated by military service.<\/p>\n<p>Assessment of degree of disablement.<\/p>\n<p>27.\u2014(1) The following provisions shall for the purposes of this Part of this Act have effect in relation to a person suffering from a disablement due to a wound, that is to say:\u2014<\/p>\n<p>(a) in case such disablement is one of the disablements mentioned in the first column of the Fourth Schedule to the Act of 1927, the degree of such person&#8217;s disablement shall be the degree of disablement set out in the second column of that Schedule opposite to the disablement from which such person is so suffering,<\/p>\n<p>(b) in any other case the degree of such person&#8217;s disablement shall be the degree assessed in that behalf by the Army Pensions Board.<\/p>\n<p>(2) The following provisions shall for the purposes of this Part of this Act have effect in relation to a person suffering from a disablement due to a disease, that is to say:\u2014<\/p>\n<p>(a) the degree of such person&#8217;s disablement shall be the degree assessed in that behalf by the Army Pensions Board, and<\/p>\n<p>(b) the assessment of such person&#8217;s disablement shall be made on a percentage basis, and total disablement shall be assessed at one hundred per cent. and every disablement less than total disablement shall be assessed as a percentage of total disablement.<\/p>\n<p>Pensions to former members of the forces in respect of wounds or disease aggravated, etc., by service.<\/p>\n<p>28.\u2014(1) Where\u2014<\/p>\n<p>(a) a person has been discharged from the forces before the date of the passing of this Act; and<\/p>\n<p>(b) such person is not entitled to a pension under the Acts or the Acts as amended by this Act; and<\/p>\n<p>(c) such person is at the date of his examination by the Army Pensions Board suffering from\u2014<\/p>\n<p>(i) a disablement (not being less in degree than twenty per cent.) due to a wound aggravated by\u2014<\/p>\n<p>(I) a wound attributable to service in the forces and received during the period (in this section referred to as the service period) commencing on the 1st day of April, 1922, and ending on the 30th day of September, 1924, while a member of the forces, or<\/p>\n<p>(II) a disease attributable to service in the forces during the service period, or<\/p>\n<p>(III) service in the forces during the service period, or<\/p>\n<p>(ii) a disablement (not being less in degree than twenty per cent.) due to a disease aggravated by a wound attributable to service in the forces and received during the service period while a member of the forces, or<\/p>\n<p>(iii) a disablement (not being less in degree than eighty per cent.) due to a disease aggravated by\u2014<\/p>\n<p>(I) a disease attributable to service in the forces during the service period, or<\/p>\n<p>(II) service in the forces during the service period, or<\/p>\n<p>(iv) a disablement (not being less in degree than twenty per cent.) due to a disease which was accelerated or excited by a wound attributable to service in the forces and received during the service period while a member of the forces, or<\/p>\n<p>(v) a disablement (not being less in degree than eighty per cent.) due to a disease which was accelerated or excited by\u2014<\/p>\n<p>(I) a disease attributable to service in the forces during the service period, or<\/p>\n<p>(II) service in the forces during the service period,<\/p>\n<p>there may, if such disablement manifested itself before the 1st day of July, 1926, be granted to such person a pension at the rate mentioned in the second column of the Schedule to this Act opposite to the appropriate degree of disablement in the first column of that Schedule.<\/p>\n<p>(2) Every application for a pension under this section shall be referred by the Minister to the Army Pensions Board.<\/p>\n<p>Pensions to members of organisations to which Part II of the Act of 1932 applies in respect of wounds or disease aggravated, etc., by service.<\/p>\n<p>29.\u2014(1) Where\u2014<\/p>\n<p>(a) a person was a member of an organisation to which Part II of the Act of 1932 applies, and<\/p>\n<p>(b) such person was engaged in military service, and<\/p>\n<p>(c) such person is not entitled to a pension under the Acts or the Acts as amended by this Act, and<\/p>\n<p>(d) such person is at the date of his examination by the Army Pensions Board suffering from\u2014<\/p>\n<p>(i) a disablement (not being less in degree than twenty per cent.) due to a wound aggravated by\u2014<\/p>\n<p>(I) a wound attributable to military service, or<\/p>\n<p>(II) a disease attributable to military service, or<\/p>\n<p>(III) military service, or<\/p>\n<p>(ii) a disablement (not being less in degree than twenty per cent.) due to a disease aggravated by a wound attributable to military service, or<\/p>\n<p>(iii) a disablement (not being less in degree than eighty per cent.) due to a disease aggravated by\u2014<\/p>\n<p>(I) a disease attributable to military service, or<\/p>\n<p>(II) military service, or<\/p>\n<p>(iv) a disablement (not being less in degree than twenty per cent.) due to a disease which was accelerated or excited by a wound attributable to military service, or<\/p>\n<p>(v) a disablement (not being less in degree than eighty per cent.) due to a disease which was accelerated or excited by\u2014<\/p>\n<p>(I) a disease attributable to military service, or<\/p>\n<p>(II) military service,<\/p>\n<p>there may, if such disablement manifested itself before the 1st day of July, 1926, be granted to such person a pension at the rate mentioned in the second column of the First Schedule to this Act opposite to the appropriate degree of disablement in the first column of that Schedule.<\/p>\n<p>(2) Every application for a pension under this section shall be referred by the Minister to the Military Service Registration Board and thereupon the provisions of section 8 of the Act of 1932, as amended by Part IV of this Act, shall apply in respect of such application and of the service certificate in respect of the applicant issued by the said Board.<\/p>\n<p>(3) Where the Minister after having referred under the immediately preceding sub-section to the Military Service Registration Board an application by a person for the grant of a pension under this section receives from the said Board a service certificate in respect of such person, the Minister shall, unless it appears from such certificate that such person is not a person (in this section referred to as a qualified person) to whom a pension could be granted under this section, refer the said application to the Army Pensions Board.<\/p>\n<p>(4) Where a service certificate, which was issued in respect of a person who made an application for a pension under this section, is reviewed under sub-section (3) of section 8 of the Act of 1932, and varied on such review, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) in case it appeared from such certificate, as originally issued, that such person was not a qualified person and it appears from such certificate, as so varied, that such person is a qualified person, then, the provisions of sub-section (3) of this section shall apply in respect of such application in like manner as if it appeared from such certificate, before such variation, that such person was a qualified person;<\/p>\n<p>(b) in case it appeared from such certificate, as originally issued, that such person was a qualified person and a pension was granted under this section to him accordingly, and it appears from such certificate, as so varied, that such person is not a qualified person, the Minister shall by order revoke such pension as from the date of such order.<\/p>\n<p>Provisions in relation to applications for pensions under Part VI.<\/p>\n<p>30.\u2014The following provisions shall have effect in relation to applications for pensions under this Part of this Act, that is to say:\u2014<\/p>\n<p>(a) every application shall be made to the Minister before the 1st day of July, 1938,<\/p>\n<p>(b) every application shall be in such form and contain such particulars as the Minister may direct.<\/p>\n<p>Report by Army Pensions Board on applications for pensions under Part VI.<\/p>\n<p>31.\u2014(1) Whenever an application for a pension under this Part of this Act is referred to the Army Pensions Board, they shall assess and report to the Minister the degree of disability from which the applicant is suffering and shall also report to the Minister on such other matters arising on such application as they may be requested by the Minister to report upon, and for the purposes of such report shall cause such application to be investigated in such manner as the Minister may direct.<\/p>\n<p>(2) The Army Pensions Board may, for the purposes of carrying out the duties imposed on them by this section, make all such inquiries, summon all such witnesses, and take such evidence on oath (which any member is hereby authorised to administer) or otherwise as they may deem necessary.<\/p>\n<p>Commencement of pensions under Part VI.<\/p>\n<p>32.\u2014Each pension under this Part of this Act shall commence on such day (not being earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>Application of certain sections of Army Pensions Acts, 1923 and 1927, in respect of pensions under Part VI.<\/p>\n<p>33.\u2014(1) Sections 6 , and 9 to 14 of the Act of 1923, and sections 21 and 23 of the Act of 1927, shall apply in respect of pensions under this Part of this Act, persons who are or who claim to be entitled to such pensions, persons to whom such pensions are granted and persons applying for such pensions as if such pensions were the pensions mentioned in those sections respectively.<\/p>\n<p>(2) The reference in section 21 of the Act of 1927 to persons attending in the city or county of Dublin 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 in the city or county of Dublin as applicants or witnesses before the Military Service Registration Board pursuant to a summons by that Board.<\/p>\n<p>PART VII.<\/p>\n<p>Special dependants&#8217; allowances and special gratuities.<\/p>\n<p>Special dependants&#8217; Allowances.<\/p>\n<p>Deceased persons in respect of whom this Part of this Act applies.<\/p>\n<p>34.\u2014This Part of this Act applies in respect of every deceased person who was a member of an organisation to which Part II of the Act of 1932 applies and who complies with one of the following conditions, that is to say:\u2014<\/p>\n<p>(a) such person was killed while engaged in military service and was so killed in circumstances attributable to such military service;<\/p>\n<p>(b) such person 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 his death was due to such wound;<\/p>\n<p>(c) such person was engaged in pre-truce military service only and died before the 11th day of July, 1925 and his death was due to disease attributable to such service;<\/p>\n<p>(d) such person\u2014<\/p>\n<p>(i) was engaged in post-truce military service (either in addition to or without pre-truce military service), and<\/p>\n<p>(ii) died, before the date of the passing of this Act, from a wound attributable to pre-truce military service, or post-truce military service, or a disease attributable to pre-truce military service or post-truce military service or pre-truce military service and post-truce military service.<\/p>\n<p>\u201cDependant relatives.\u201d<\/p>\n<p>35.\u2014In this Part of this Act\u2014<\/p>\n<p>the expression \u201cdependant relative\u201d when used in relation to a deceased person in respect of whom this Part of this Act applies means a person\u2014<\/p>\n<p>(a) who is either the mother, father (being over the age of sixty or incapacitated by ill-health), a permanently invalided brother, or permanently invalided unmarried sister of such deceased person, and<\/p>\n<p>(b) who either\u2014<\/p>\n<p>(i) was dependant on such deceased person at the date of his death, or<\/p>\n<p>(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.<\/p>\n<p>Yearly means of dependant relatives.<\/p>\n<p>36.\u2014For the purpose of this Part of this Act the yearly means of a dependant relative of a deceased person in respect of whom this Part of this Act applies shall be the yearly means of such dependant relative as ascertained in accordance with the joint directions of the Minister and the Minister for Finance.<\/p>\n<p>Allowance to certain relatives of deceased members of organisations to which Part II of the Act of 1932 applies.<\/p>\n<p>37.\u2014(1) Subject to the provisions of this Part of this Act, there may be granted an allowance (in this Part of this Act referred to as a dependant&#8217;s allowance) to any person in whose case the Minister and the Minister for Finance are satisfied that the statutory conditions are complied with.<\/p>\n<p>(2) A dependant&#8217;s allowance granted to any person shall be an annual sum of such amount as will, when added to the yearly means of such person, not equal or exceed forty pounds.<\/p>\n<p>(3) For the purposes of this section the statutory conditions for the grant of a dependant&#8217;s allowance to a person shall be\u2014<\/p>\n<p>(a) that such person is a dependant relative of a deceased person in respect of whom this Part of this Act applies; and<\/p>\n<p>(b) that such a person is not in receipt of an allowance under the Acts; and<\/p>\n<p>(c) that no other individual is in receipt of a dependant&#8217;s allowance or an allowance under the Acts in respect of such deceased person; and<\/p>\n<p>(d) that the yearly means of such person do not equal or exceed forty pounds.<\/p>\n<p>(4) A dependant&#8217;s allowance 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.<\/p>\n<p>(5) Every dependant&#8217;s allowance shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>Applications for dependants&#8217; allowances.<\/p>\n<p>38.\u2014(1) The following provisions shall apply in respect of applications for a dependant&#8217;s allowance, that is to say:\u2014<\/p>\n<p>(a) every application shall be in such form and contain such particulars as the Minister may require,<\/p>\n<p>(b) every application by a dependant relative of a person in respect of whom this Part of this Act applies shall\u2014<\/p>\n<p>(i) if such relative is a parent of such deceased person, be made within two years after the date of the passing of this Act,<\/p>\n<p>(ii) if such relative is a brother or sister of such deceased person, be made within five years after the said date.<\/p>\n<p>(2) Save as otherwise provided by this Part of this Act, no application for a dependant&#8217;s allowance which has been refused shall be reviewed after the expiration of the relevant period for making applications appointed by the immediately preceding sub-section.<\/p>\n<p>Reference of applications for dependants&#8217; allowances to the Military Service Registration Board and the Army Pensions Board.<\/p>\n<p>39.\u2014(1) Every application for a dependant&#8217;s allowance in respect of a deceased person in respect of whom this Part of this Act applies shall be referred by the Minister to the Military Service Registration Board, and thereupon the provisions of section 8 of the Act of 1932, as amended by Part IV of this Act, shall apply in respect of such application and of the service certificate issued in respect of such deceased person by the said Board.<\/p>\n<p>(2) Where the Minister after having referred under the immediately preceding sub-section to the Military Service Registration Board an application for the grant of a dependant&#8217;s allowance in respect of a deceased person in respect of whom this Part of this Act applies, receives from the said Board a service certificate in respect of such deceased person, the Minister shall, unless it appears from such service certificate that such deceased person is not a deceased person (in this section referred to as a qualified person) in respect of whom this Part of this Act applies, refer the said application to the Army Pensions Board.<\/p>\n<p>(3) Where a service certificate, which was issued in respect of a deceased person in respect of whom an application was made for a dependant&#8217;s allowance, is reviewed under sub-section (3) of section 8 of the Act of 1932, and varied on such review, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) in case it appeared from such certificate, as originally issued, that such deceased person was not a qualified person and it appears from such certificate, as so varied, that such deceased person is a qualified person, then the provisions of sub-section (2) of this section shall apply in respect of such application in like manner as if it appeared from such service certificate, before such variation, that such deceased person was a qualified person;<\/p>\n<p>(b) in case it appeared from such certificate, as originally issued, that such deceased person was a qualified person and a dependant&#8217;s allowance in respect of such deceased person was accordingly granted, and it appears from such certificate, as so varied, that such deceased person is not a qualified person, the Minister shall by order revoke such allowance as from the date of such order.<\/p>\n<p>Revision of dependants&#8217; allowances.<\/p>\n<p>40.\u2014(1) A dependant&#8217;s allowance shall be subject to periodic review (not more frequently than once a year) on such occasions and at such intervals as the Minister shall, with the consent of the Minister for Finance, determine 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 with effect from such date as the Minister with the consent of the Minister for Finance may determine or be reduced to the appropriate rate as from the date of the review.<\/p>\n<p>(2) If any person from whom a dependant&#8217;s allowance has been withdrawn under the provisions of the immediately preceding sub-section, or to whom a dependant&#8217;s allowance is payable at a rate less than fifteen shillings a week, shall subsequently claim that he is eligible for the grant of an allowance or for the grant of an allowance at a higher rate than that already payable to him, the Minister may, if he is of opinion that there are good grounds for so doing, cause such claim to be reviewed (but not more frequently than once a year) and if it is found that the claimant is in fact entitled to receive a dependant&#8217;s allowance or an increased dependant&#8217;s allowance, such allowance or increased allowance shall be payable as from the date on which the claim is received by the Minister or from the date on which the claimant becomes entitled to the payment of such allowance or increased allowance, whichever is later.<\/p>\n<p>Special Gratuities.<\/p>\n<p>Ex-gratia payment to certain persons wounded or injured.<\/p>\n<p>41.\u2014(1) The Minister may, with the consent of the Minister for Finance, grant a gratuity (in this Part of this Act referred to as a special gratuity) of such amount (not exceeding one hundred pounds) as he thinks proper to any person in respect of whom all the following conditions are complied with, that is to say:\u2014<\/p>\n<p>(a) such person during the period commencing on the 1st day of April, 1916 and ending on the 30th day of September, 1923, received a wound or injury either\u2014<\/p>\n<p>(i) by reason of the fact that such person was keeping arms the property of any of the said organisations, or<\/p>\n<p>(ii) by being accidentally shot by a member of one of the said organisations who was staying in the house of such person and was evading arrest;<\/p>\n<p>(b) such person was not, at the time he received such wound or injury, a member of any of the organisations to which Part II of the Act of 1932 applies.<\/p>\n<p>(2) No person who is entitled to a pension, allowance or gratuity under the Acts, or under the Acts as amended by this Act, or under any other Part of this Act shall be entitled to apply for or be granted a special gratuity.<\/p>\n<p>Applications for special gratuities.<\/p>\n<p>42.\u2014(1) The following provisions shall apply in respect of applications for special gratuities, that is to say:\u2014<\/p>\n<p>(a) every application shall be in such form and contain such particulars as the Minister may require,<\/p>\n<p>(b) every application shall be made before the 1st day of July, 1938.<\/p>\n<p>(2) No application for a special gratuity which has been refused shall be reviewed after the 30th day of June, 1938.<\/p>\n<p>Reference of applications for special gratuities to the-Army Pensions Board.<\/p>\n<p>43.\u2014Every application for a special gratuity shall be referred by the Minister to the Army Pensions Board.<\/p>\n<p>Provisions relating to Dependants&#8217; Allowances and Special Gratuities.<\/p>\n<p>Report by Army Pensions Board on applications for dependents&#8217; allowances and special gratuities.<\/p>\n<p>44.\u2014(1) Whenever an application for a dependant&#8217;s allowance or a special gratuity is referred to the Army Pensions Board under this Part of this Act, they shall report to the Minister on such matters arising on such application as they may be requested by the Minister to report upon, and for the purposes of such report shall cause such application to be investigated in such manner as the Minister may direct.<\/p>\n<p>(2) The Army Pensions Board may for the purposes of carrying out the duties imposed on them by this section make all such inquiries, summon all such witnesses and take such evidence on oath (which any member is hereby authorised to administer) as they may deem necessary.<\/p>\n<p>Application of certain sections of Acts of 1923 and 1927.<\/p>\n<p>45.\u2014(1) Sections 9 , 10 , 11 , 12 and 14 of the Act of 1923, and section 21 of the Act of 1927 shall apply in respect of dependants&#8217; allowances and special gratuities, persons who are or claim to be entitled to such allowances and gratuities, persons to whom such allowances and gratuities are granted, and persons applying for such allowances and gratuities as if such allowances and gratuities were the allowances and gratuities mentioned in those sections respectively.<\/p>\n<p>(2) Section 13 of the Act of 1923 shall apply in respect of special gratuities as if such gratuities were the gratuities mentioned in the said section.<\/p>\n<p>(3) The reference in section 21 of the Act of 1927 to persons attending in the city or county of Dublin 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 in the city or county of Dublin as applicants or witnesses before the Military Service Registration Board pursuant to a summons of that Board.<\/p>\n<p>PART VIII.<\/p>\n<p>Miscellaneous Provisions.<\/p>\n<p>Restriction on application for gratuities under the Acts in respect of deceased persons.<\/p>\n<p>46.\u2014Where a gratuity under the Acts in respect of a deceased person has been awarded (whether before or after the passing of this Act) no further application for a gratuity under the Acts in respect of such deceased person shall be entertained by the Minister.<\/p>\n<p>Conclusiveness of certain findings of the Army Pensions Board.<\/p>\n<p>47.\u2014(1) The findings of the Army Pensions Board, as set out in their report (whether made before or after the passing of this Act) under the Acts or this Act in regard to the following matters arising in respect of any application under the Acts or this Act shall, subject to any revision of such findings by the Army Pensions Board under sub-section (2) of this section, be final and conclusive and binding on all persons and tribunals whatsoever, that is to say:\u2014<\/p>\n<p>(a) the attributability of a wound, or disease to service;<\/p>\n<p>(b) the attributability of a disablement to a wound or disease attributable to service;<\/p>\n<p>(c) the attributability of an increase in a disablement, caused by a disease attributable to service, to such service;<\/p>\n<p>(d) the attributability of death to service;<\/p>\n<p>(e) the attributability of death to a wound or disease attributable to service;<\/p>\n<p>(f) the attributability of death to a wound or disease in respect of which a pension was granted under the Acts;<\/p>\n<p>(g) the attributability of the aggravation of a wound or disease to a subsequent wound or disease or to service;<\/p>\n<p>(h) the attributability of the acceleration or excitation of a disease to a subsequent wound or disease or to service;<\/p>\n<p>(i) the date on which a disablement, due to a wound or a disease, which was aggravated, accelerated or excited by a wound, a disease or service, first manifested itself;<\/p>\n<p>and references in this section to a report shall be construed as references to a report made by the Army Pensions Board so far as such report relates to any of the matters mentioned in this sub-section.<\/p>\n<p>(2) Where the Army Pensions Board have under the Acts or this Act made a report to the Minister, the Minister may, on the ground that evidence not available prior to the issue of such report has since become available, at any time request the Army Pensions Board to review their report, and the Army Pensions Board shall thereupon review such report and may either, as they think fit, confirm or vary such report.<\/p>\n<p>(3) Where a report, which was made by the Army Pensions Board in respect of an application made by any person for a pension, gratuity or allowance under the Acts, is reviewed under sub-section (2) of this section and is varied on such review, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) in case it appeared from such report, as originally made, that such person was not a person (in this paragraph referred to as a qualified person) to whom a pension, allowance, or gratuity could be granted under the Acts and it appears from such report, as so varied, that such person is a qualified person, then, the Minister may grant to such person such pension, allowance, or gratuity (if any) as could have been granted under the Acts if such report as so varied were the original report, and any such pension or allowance so granted shall commence from such date (not being earlier than the date of the passing of this Act) as the Minister may determine;<\/p>\n<p>(b) in case it appeared from such report, as originally made, that such person was a person (in this paragraph referred to as a qualified person) to whom a pension or allowance could be granted under the Acts and a pension or allowance was granted to him accordingly, and it appears from such report, as so varied, that such person is not a qualified person, the Minister shall by order revoke such pension or allowance as from the date of such order;<\/p>\n<p>(c) in case it appeared from such report, as originally made, that such person was a person (in this paragraph referred to as a qualified person) to whom a pension could be granted under the Acts and a pension was granted to him accordingly, and it appears from such report, as so varied, that such person is a qualified person and the amount of such pension is greater or less than the amount to which, having regard to the terms of such report as so varied, he is entitled, the Minister shall by order decrease or increase such pension accordingly as from such date (not being earlier than, in case such pension is decreased, the date of such order or, in case such pension is increased the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>(4) In this section\u2014<\/p>\n<p>the expression \u201cthe Acts\u201d means the Acts, as amended by Part III and Part IV of this Act;<\/p>\n<p>the word \u201cservice\u201d means service which is either\u2014<\/p>\n<p>(a) service in the forces, or<\/p>\n<p>(b) military service within the meaning of Part II of the Act of 1932.<\/p>\n<p>Death of applicant for pension or gratuity after grant by Minister but before sanction of Minister for Finance.<\/p>\n<p>48.\u2014Where\u2014<\/p>\n<p>(a) the Minister has proposed to grant (whether before on or after the date of the passing of this Act) a pension or gratuity under the Acts, or has proposed to grant a pension under the Acts as amended by Part III or Part IV of this Act, and<\/p>\n<p>(b) the person to whom the Minister proposed to grant such pension or gratuity dies after such proposal has been submitted to the Minister for Finance but before such proposal has been sanctioned by him, and<\/p>\n<p>(c) such person was at the date of his death living in the house of the individual by whom such person was being supported in whole or in part,<\/p>\n<p>the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(i) in the case of any such pension, the Minister may, if he thinks proper, with the consent of the Minister for Finance, pay to such individual a sum not exceeding the amount which would, at the date of such person&#8217;s death, have accrued due on foot of such pension, if the grant of such pension had been sanctioned by the Minister for Finance on the date on which the Minister proposed to grant such pension,<\/p>\n<p>(ii) in the case of any such gratuity, the Minister may, if he thinks fit, with the consent of the Minister for Finance, pay to such individual a sum not exceeding the amount which would have been payable on foot of such gratuity, if the grant of such gratuity had been sanctioned by the Minister for Finance on the date on which the Minister proposed to grant such gratuity.<\/p>\n<p>Evidence of refusal of applications for pensions, etc.<\/p>\n<p>49.\u2014Where either before or after the passing of this Act\u2014<\/p>\n<p>(a) an application was or is made by any person for the grant of a pension, gratuity or allowance under the Acts or under the Acts as amended by this Act or under this Act, and<\/p>\n<p>(b) a notification purporting to be signed by an officer of the Minister was or is sent to such person informing him that such application has been refused,<\/p>\n<p>such application shall be deemed for the purpose of the Acts or this Act to have been refused as on the date on which such notification was or is so sent.<\/p>\n<p>Time limit for prosecutions.<\/p>\n<p>50.\u2014Notwithstanding anything contained in section 10 of the Petty Sessions (Ireland) Act, 1851 a prosecution for an offence under section 12 of the Act of 1923 (including that section as applied by the Act of 1927, the Act of 1932 and this present Act) may be brought within six months after the date when evidence to sustain the prosecution came to the notice of the Minister, and a certificate under the hand of the Minister as to the date on which evidence to sustain such prosecution came to his notice shall for the purposes of this section be conclusive.<\/p>\n<p>SCHEDULE.<\/p>\n<p>Rates of Pensions under Part VI.<\/p>\n<p>Degree of Disablement.<\/p>\n<p>Pension.<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>per cent.<\/p>\n<p>per annum<\/p>\n<p>100<\/p>\n<p>\u00a3100<\/p>\n<p>90<\/p>\n<p>90<\/p>\n<p>80<\/p>\n<p>80<\/p>\n<p>70<\/p>\n<p>70<\/p>\n<p>60<\/p>\n<p>60<\/p>\n<p>50<\/p>\n<p>50<\/p>\n<p>40<\/p>\n<p>40<\/p>\n<p>30<\/p>\n<p>30<\/p>\n<p>20<\/p>\n<p>20<\/p>\n<h2>ARMY PENSIONS ACT, 1941.<\/h2>\n<p>AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1937. [19th February, 1941.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:\u2014<\/p>\n<p>Definitions.<\/p>\n<p>1.\u2014(1) In this Act\u2014<\/p>\n<p>the expression \u201cthe Act of 1923\u201d 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;<\/p>\n<p>the expression \u201cthe Act of 1927\u201d 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;<\/p>\n<p>the expression \u201cthe Act of 1932\u201d 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;<\/p>\n<p>the expression \u201cthe Act of 1937\u201d means the Army Pensions Act, 1937 (No. 15 of 1937);<\/p>\n<p>the expression \u201cthe Acts\u201d means the Army Pensions Acts, 1923 to 1937.<\/p>\n<p>(2) 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.<\/p>\n<p>Time limit for making applications for disability pensions under the Act of 1927.<\/p>\n<p>2.\u2014(1) Every application for the grant of a disability pension shall be made within twelve months after the date of the passing of this Act<\/p>\n<p>(2) Where an application was duly made before the passing of this Act by any person for a disability pension, and such application was refused on the grounds that the Act of 1927 did not apply to him, such person shall not be entitled by virtue of the preceding sub-section of this section to renew such application.<\/p>\n<p>(3) Where a disability pension is granted to any person who applies therefor on or after the date of the passing of this Act, such pension shall commence as on and from such date (not being earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>(4) In this section the expression \u201cdisability pension\u201d means a pension under sections 9 , 10 or 13 of the Act of 1927.<\/p>\n<p>(5) Paragraph (b) of section 26 of the Act of 1932 is hereby repealed.<\/p>\n<p>Amendment of section 19 of the Act of 1937.<\/p>\n<p>3.\u2014Sub-section (3) of section 19 of the Act of 1937 is hereby amended by the substitution in paragraph (d) of the said sub-section of the words \u201cwas at the time of his death in receipt of\u201d for the words \u201cwas granted\u201d.<\/p>\n<p>Time limit for making applications for pensions, etc., under Part II. of Act of 1932.<\/p>\n<p>4.\u2014(1) Every application by a person, who was a member of an organisation to which Part II of the Act of 1932 applies, for the grant of a pension or gratuity under the said Part II shall be made within twelve months after the date of the passing of this Act.<\/p>\n<p>(2) Every application for the grant of an allowance or gratuity under Part II of the Act of 1932 to the widow, children or dependants of a person who died on or before the date on which this Act is passed shall be made within twelve months after the date of the passing of this Act.<\/p>\n<p>(3) Every application for the grant of an allowance or gratuity under Part II of the Act of 1932 to the widow, children or dependants of a person who dies after the day on which this Act is passed shall be made before the expiration of twelve months after the date of the death of such person.<\/p>\n<p>(4) Where an application was duly made before the passing of this Act by any person for a pension, allowance or gratuity under Part II of the Act of 1932, and such application was refused on the grounds that the said Part II did not apply to him, such person shall not be entitled by virtue of any of the preceding sub-sections of this section to renew such application.<\/p>\n<p>(5) Where a pension or allowance under Part II of the Act of 1932 is granted to any person who applies therefor on or after the date of the passing of this Act, such pension or allowance shall commence as on and from such date (not being earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>(6) Section 22 of the Act of 1937 is hereby repealed.<\/p>\n<p>Time limit for making applications for allowances and gratuities under Part II of the Act of 1932 by widows, children and dependants of certain persons.<\/p>\n<p>5.\u2014(1) Where\u2014<\/p>\n<p>(a) a person dies more than twelve months after the passing of this Act, and<\/p>\n<p>(b) such person&#8217;s death is due to a wound or disease, and<\/p>\n<p>(c) such person did not within twelve months after the date of the passing of this Act apply for a pension in respect of such wound or disease under Part II of the Act of 1932,<\/p>\n<p>no claim in respect of the death of such person for an allowance or gratuity under the said Part II by the widow or any child or dependant of such person shall be entertained.<\/p>\n<p>(2) Nothing in this section shall be construed as limiting the operation of sub-section (3) of the immediately preceding section.<\/p>\n<p>(3) Section 23 of the Act of 1937 is hereby repealed.<\/p>\n<p>Disability pensions in respect of disease attributable to service where disability is less than 80 per cent. and not less than 50 per cent.<\/p>\n<p>6.\u2014(1) Where an application is made on or after the date of the passing of this Act by a person for a disability pension and such application is referred to the Army Pensions Board under section 9 of the Act of 1932, then, if such person is at the date of his examination by the Army Pensions Board suffering from a disease attributable to military service, within the meaning of Part II of the Act of 1932, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) if his degree of disablement is found on the date of such examination to be less than eighty per cent. but not less than fifty per cent., there may be granted to such person a final pension of fifteen shillings per week commencing from such date (not being earlier than the date of the passing of this Act) as the Minister may determine;<\/p>\n<p>(b) if his degree of disablement is found on the date of such examination to be not less than eighty per cent. but is found on any periodical re-examination to be less than eighty per cent. but not less than fifty per cent., there may be granted to such person, if he applies to the Minister therefor not later than twelve months after such re-examination, a final pension of one pound per week commencing on such date (not being earlier than the date of the cesser of his former disability pension) as the Minister may determine;<\/p>\n<p>(c) where such person is granted a pension under this sub-section, no disability pension shall be granted or payable to him.<\/p>\n<p>(2) Every application for a pension under this section shall be in such form and contain such particulars as the Minister may direct.<\/p>\n<p>(3) Sections 9 to 14 of the Act of 1923 shall apply in respect of pensions granted under this section and to persons to whom such pensions are payable as if such pensions were the pensions mentioned in those sections respectively.<\/p>\n<p>(4) Sub-section (4) of section 26 of the Act of 1937 shall not apply in any case where an application for a disability pension is made later than the 2nd day of June, 1938.<\/p>\n<p>(5) In this section\u2014<\/p>\n<p>the expression \u201cdisability pension\u201d means a pension under sub-section (2) of section 10 of the Act of 1932;<\/p>\n<p>the expression \u201cdegree of disablement\u201d has the same meaning as in the Act of 1927;<\/p>\n<p>the expression \u201cperiodical re-examination\u201d means a periodical re-examination under section 6 of the Act of 1923.<\/p>\n<p>Time limit for making applications for pensions under Part VI of the Act of 1937.<\/p>\n<p>7.\u2014(1) Every application for a pension under Part VI of the Act of 1937 shall be made to the Minister within twelve months after the date of the passing of this Act.<\/p>\n<p>(2) Where an application was duly made before the date of the passing of this Act by a person for a pension under Part VI of the Act of 1937, and such application was refused on the ground that the said Part VI did not apply to him, such person shall not by virtue of sub-section (1) of this section, be entitled to renew his application.<\/p>\n<p>(3) Paragraph (a) of section 30 of the Act of 1937 is hereby repealed.<\/p>\n<p>Commencement of pensions under Part VI of the Act of 1937.<\/p>\n<p>8.\u2014Where\u2014<\/p>\n<p>(a) a pension under Part VI of the Act of 1937 is granted after the date of the passing of this Act, and<\/p>\n<p>(b) the application for such pension was not made before the 1st day of July, 1938,<\/p>\n<p>such pension shall, notwithstanding anything contained in section 32 of the Act of 1937, commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>Commencement of dependants&#8217; allowances under Part VII of the Act of 1937.<\/p>\n<p>9.\u2014Every dependant&#8217;s allowance granted under Part VII of the Act of 1937 to a person who made application therefor on or after the date of the passing of this Act shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>Time limit for making applications for dependants&#8217; allowances under Part VII of the Act of 1937.<\/p>\n<p>10.\u2014(1) Paragraph (b) of sub-section (1) of section 38 of the Act of 1937 shall be construed and have effect as if, for the reference in sub-paragraph (i) of the said paragraph to two years after the passing of the Act of 1937, there were substituted a reference to twelve months after the date of the passing of this Act.<\/p>\n<p>(2) Sub-section (2) of section 38 of the Act of 1937 is hereby-repealed, and in lieu thereof it is hereby enacted that save as provided by Part VII of the Act of 1937, no application for a dependant&#8217;s allowance under the said Part VII which has been refused shall be reviewed after the expiration of two years from the date of the passing of this Act.<\/p>\n<p>Time limit for making applications for special gratuities under Part VII of the Act of 1937.<\/p>\n<p>11.\u2014(1) Every application for a special gratuity under Part VII of the Act of 1937 shall be made within twelve months after the date of the passing of this Act.<\/p>\n<p>(2) Where an application was duly made before the date of the passing of this Act by a person for a special gratuity under Part VII of the Act of 1937, and such application was refused on the ground that the said Part VII did not apply to him such person shall not, by virtue of sub-section (1) of this section, be entitled to renew his application.<\/p>\n<p>(3) Paragraph (b) of sub-section (1) of section 42 of the Act of 1937 is hereby repealed.<\/p>\n<p>Refusal of applications for pensions, etc., in case of failure of applicants to, attend before the Army Pensions Board.<\/p>\n<p>12.\u2014(1) Where an applicant for a pension allowance, or gratuity is summoned by the Board to attend for medical examination and fails or refuses to do so, the Board shall inform the Minister accordingly, and thereupon the following provisions shall have effect:\u2014<\/p>\n<p>(a) the Minister may refuse such application;<\/p>\n<p>(b) where the Minister decides not to refuse the application, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(i) the Minister shall inform the Board of his decision<\/p>\n<p>(ii) the Board shall, not later than three months after being so informed, again summon the applicant to attend for medical examination,<\/p>\n<p>(iii) if the applicant fails or refuses to attend in pursuance of such summons, the Board shall inform the Minister accordingly and thereupon the Minister shall refuse the application;<\/p>\n<p>(c) where the Minister refuses the application, the applicant shall not be entitled to renew his application nor shall an award of any pension, allowance, or gratuity be made to the applicant.<\/p>\n<p>(2) This section applies to all applications under the Acts which are pending on the date of the passing of this Act and to all applications under the Acts made on or after the said date.<\/p>\n<p>(3) In this section\u2014<\/p>\n<p>the expression \u201cthe Board\u201d means the Army Pensions Board; the expression \u201cpension, allowance or gratuity\u201d means a pension, allowance or gratuity under the Acts.<\/p>\n<p>Reduction of dependants&#8217; allowances in certain cases.<\/p>\n<p>13.\u2014(1) Where\u2014<\/p>\n<p>(a) the widow of a person, who died on or after the date of the passing of this Act, is granted an allowance under the Acts, and<\/p>\n<p>(b) such widow is also entitled to a pension under the Widows&#8217; and Orphans&#8217; Pensions Acts, 1935 to 1937<\/p>\n<p>the said allowance may, in respect of any period during which the said pension is payable, be reduced by such amount as the Minister, with the consent of the Minister for Finance, shall determine.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) the child of a person, who died on or after the date of the passing of this Act, is granted an allowance under the Acts, and<\/p>\n<p>(b) such child is also entitled to a pension under the Widows&#8217; and Orphans&#8217; Pensions Acts, 1935 to 1937,<\/p>\n<p>the said allowance may, in respect of any period during which the said pension is payable, be reduced by such amount as the Minister, with the consent of the Minister for Finance, may determine.<\/p>\n<p>Short title and collective citation.<\/p>\n<p>14.\u2014(1) This Act may be cited as the Army Pensions Act, 1941.<\/p>\n<p>(2) The Acts and this Act may be cited together as the Army Pensions Acts, 1923 to 1941.<\/p>\n<h2>ARMY PENSIONS ACT, 1943.<\/h2>\n<p>AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1941. [27th April, 1943.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:\u2014<\/p>\n<p>Interpretation.<\/p>\n<p>1.\u2014(1) In this Act\u2014<\/p>\n<p>the expression \u201cthe Act of 1923\u201d 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;<\/p>\n<p>the expression \u201cthe Act of 1927\u201d 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;<\/p>\n<p>the expression \u201cthe Act of 1932\u201d 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;<\/p>\n<p>the expression \u201cthe Act of 1937\u201d 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;<\/p>\n<p>the expression \u201cthe Act of 1941\u201d means the Army Pensions Act, 1941 (No. 2 of 1941);<\/p>\n<p>the expression \u201cthe Acts\u201d means the Army Pensions Acts, 1923 to 1941.<\/p>\n<p>(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.<\/p>\n<p>\u201cThe emergency period\u201d.<\/p>\n<p>2.\u2014The expression \u201cthe emergency period\u201d where it occurs in this Act or in any amendment of the Acts effected by this Act shall mean the period which commenced on the date of the passing of the Emergency Powers Act, 1939 (No. 28 of 1939), and ends on the expiration of the last-mentioned Act.<\/p>\n<p>Amendment of sections 10 and 12 of, and Third Schedule to, the Act of 1927.<\/p>\n<p>3.\u2014(1) Section 10 of the Act of 1927 is hereby amended (with effect as on and from the 3rd day of September, 1939), as follows:\u2014<\/p>\n<p>(a) by the insertion, in sub-section (1), after the words and figures \u201cthe 30th day of September, 1924\u201d, of the words \u201cor during the emergency period\u201d, and<\/p>\n<p>(b) by the deletion, in sub-section (2), of the words and figures \u201cmarried before the 1st day of October, 1924\u201d, and the substitution therefor of the words \u201cat the date of his discharge, in the case of an officer, either in occupation of married quarters or in receipt of lodging, fuel and light allowance as a married officer, or, in the case of a soldier, in receipt of marriage allowance as a married soldier\u201d.<\/p>\n<p>(2) Every pension granted, by virtue of the amendment effected by sub-section (1) of this section, under section 10 of the Act of 1927, shall commence from such date (not being earlier than the date of discharge from the forces or the date on which the disability is found by the Army Pensions Board to have reached the minimum degree of disablement, whichever is the later) as the Minister may determine.<\/p>\n<p>(3) Every application for a pension under section 10 of the Act of 1927, as amended by sub-section (1) of this section, shall be made before the expiration of four years from the date of discharge or within twelve months from the date of the passing of this Act, whichever is the later.<\/p>\n<p>(4) Sub-section (1) of section 10 of the Act of 1927 shall have effect as if section 7 of the Act of 1937 had not been enacted.<\/p>\n<p>(5) Sections 10 and 12 of the Act of 1927 shall be construed (with effect as on and from the 3rd day of September, 1939) as if, in relation to a disablement caused by disease or due to a wound attributable to service in the forces during the emergency period, there were substituted for Part I of the Third Schedule to the Act of 1927, the following Part:\u2014<\/p>\n<p>PART I.<\/p>\n<p>Officers.<\/p>\n<p>Degree of disablement<\/p>\n<p>SCALE OF PENSION<\/p>\n<p>100 per cent.<\/p>\n<p>60<\/p>\n<p>per<\/p>\n<p>cent,<\/p>\n<p>of<\/p>\n<p>annual<\/p>\n<p>pay<\/p>\n<p>at<\/p>\n<p>the<\/p>\n<p>date<\/p>\n<p>of<\/p>\n<p>discharge<\/p>\n<p>or<\/p>\n<p>the<\/p>\n<p>sum<\/p>\n<p>of<\/p>\n<p>\u00a3120<\/p>\n<p>per<\/p>\n<p>annum<\/p>\n<p>whichever<\/p>\n<p>is<\/p>\n<p>the<\/p>\n<p>greater<\/p>\n<p>90<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>54<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u00a3108<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>80<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>48<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u00a396<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>70<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>42<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u00a384<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>60<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>36<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u00a372<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>50<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>30<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u00a360<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>40<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>24<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u00a348<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>30<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>18<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u00a336<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>20<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>12<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u00a324<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>Note: \u201cAnnual Pay\u201d does not include allowances, or additional pay in respect of temporary, probationary or acting duty.<\/p>\n<p>The married pension payable to an officer in receipt of a pension under this Schedule who is entitled to a married pension shall be at the rate of \u00a330 per annum.<\/p>\n<p>(6) Sections 10 and 12 of the Act of 1927 shall be construed (with effect as on and from the 3rd day of September, 1939) as if, in relation to a disablement caused by disease or due to a wound attributable to service in the forces during the emergency period, there were substituted for Part II of the Third Schedule to the Act of 1927, the following Part:\u2014<\/p>\n<p>PART II.<\/p>\n<p>Soldiers.<\/p>\n<p>Degree of Disablement<\/p>\n<p>Disability Pension<\/p>\n<p>Married Pension<\/p>\n<p>per week<\/p>\n<p>per week<\/p>\n<p>\u00a3<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>\u00a3<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>100 per cent.<\/p>\n<p>2<\/p>\n<p>2<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>10<\/p>\n<p>0<\/p>\n<p>90<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>1<\/p>\n<p>17<\/p>\n<p>9<\/p>\n<p>0<\/p>\n<p>9<\/p>\n<p>0<\/p>\n<p>80<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>1<\/p>\n<p>13<\/p>\n<p>7<\/p>\n<p>0<\/p>\n<p>8<\/p>\n<p>0<\/p>\n<p>70<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>1<\/p>\n<p>9<\/p>\n<p>4<\/p>\n<p>0<\/p>\n<p>7<\/p>\n<p>0<\/p>\n<p>60<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>1<\/p>\n<p>5<\/p>\n<p>2<\/p>\n<p>0<\/p>\n<p>6<\/p>\n<p>0<\/p>\n<p>50<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>1<\/p>\n<p>1<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>5<\/p>\n<p>0<\/p>\n<p>40<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>0<\/p>\n<p>16<\/p>\n<p>9<\/p>\n<p>0<\/p>\n<p>4<\/p>\n<p>0<\/p>\n<p>30<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>0<\/p>\n<p>12<\/p>\n<p>7<\/p>\n<p>0<\/p>\n<p>3<\/p>\n<p>0<\/p>\n<p>20<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>0<\/p>\n<p>8<\/p>\n<p>4<\/p>\n<p>0<\/p>\n<p>2<\/p>\n<p>0<\/p>\n<p>Extension of sections 10 and 12 of the Act of 1927 to members of the Army Nursing Service.<\/p>\n<p>4.\u2014(1) Sub-section (1) of section 10 of the Act of 1927, as amended by this Act, shall apply and be deemed to have applied to a member of the Army Nursing Service whose service as such member is terminated (whether before or after the passing of this Act) and who at the date of such termination is suffering from a disablement caused by a disease attributable to service in the Army Nursing Service during the emergency period in like manner as if such member were an officer who is discharged from the forces and is at the date of his discharge suffering from a disablement caused by a disease attributable to service in the forces during the emergency period, subject to the following modifications:\u2014<\/p>\n<p>(a) the reference to four years after his discharge shall be construed as a reference to four years after the termination of her service as such member, and<\/p>\n<p>(b) the reference to the Third Schedule to the Act of 1927 shall be construed as a reference to the Schedule to this section.<\/p>\n<p>(2) Sub-sections (1) and (4) of section 12 of the Act of 1927 shall apply and be deemed to have applied to a member of the Army Nursing Service whose service as such member is terminated (whether before or after the passing of this Act) and who at the date of such termination is suffering from a disablement due to a wound attributable to her service in the Army Nursing Service during the emergency period in like manner as if such member were an officer who is discharged from the forces and is at the date of his discharge suffering from a disablement due to a wound attributable to his service in the forces and received on or after the 1st day of October, 1923, while he was a member of the forces, subject to the following modifications:\u2014<\/p>\n<p>(a) the reference, in the said sub-section (1), to the Third Schedule of the Act of 1927 shall be construed as a reference to the Schedule to this section;<\/p>\n<p>(b) the reference, in paragraph (a) of the said sub-section (4), to service in the forces shall be construed as a reference to service in the Army Nursing Service.<\/p>\n<p>(3) Every pension granted under section 10 or section 12 of the Act of 1927, as extended by this section, to a member of the Army Nursing Service shall commence on such date (not being earlier than the date of termination of her service as such member or the date on which the disability is found by the Army Pensions Board to have reached the minimum degree of disablement, whichever is the later) as the Minister may determine.<\/p>\n<p>(4) Every application by a member of the Army Nursing Service for a pension under section 10 or a pension or gratuity under section 12 of the Act of 1927, as extended by this section, shall be made before the expiration of four years from the date of the termination of her service as such member.<\/p>\n<p>SCHEDULE.<\/p>\n<p>Scale of disability pensions and wound pensions for Members of the Army Nursing Service.<\/p>\n<p>Degree of Disablement<\/p>\n<p>Scale of Pension<\/p>\n<p>\u00a3<\/p>\n<p>100 per cent.<\/p>\n<p>110 per annum<\/p>\n<p>90<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>99<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>80<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>88<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>70<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>77<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>60<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>66<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>50<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>55<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>40<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>44<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>30<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>33<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>20<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>22<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>Amendment of sections 14 and 15 of, and the Seventh Schedule to, the Act of 1927.<\/p>\n<p>5.\u2014(1) Sub-section (2) of section 14 of the Act of 1927 is hereby amended as follows:\u2014<\/p>\n<p>(a) by the insertion in paragraph (ii) of the words \u201cand other dependants\u201d after the word \u201cchildren\u201d where the said word occurs;<\/p>\n<p>(b) by the insertion in paragraph (a), after the words and figures \u201cthe 30th day of September, 1924,\u201d of the words \u201cor during the emergency period\u201d;<\/p>\n<p>(c) by the insertion in paragraph (b) of the words \u201cor during the emergency period\u201d after the words \u201cthe said period\u201d where the latter words occur.<\/p>\n<p>(2) The reference, in paragraph (d) of sub-section (2) of section 14 of the Act of 1927, to the Act of 1927 shall be construed as a reference to the Act of 1927, as amended by this Act.<\/p>\n<p>(3) Section 15 of the Act of 1927 is hereby amended as follows:\u2014<\/p>\n<p>(a) by the insertion in sub-section (2), after the word \u201cchildren\u201d of the words \u201cand other dependants\u201d, and<\/p>\n<p>(b) by the insertion in sub-section (3) of the words \u201cor a dependant\u201d after the word \u201cchild\u201d where that word occurs secondly.<\/p>\n<p>(4) The references, in paragraph (d) of sub-section (2) of section 15 of the Act of 1927, to the Act of 1927 shall be construed as including references to the Act of 1927, as amended by this Act.<\/p>\n<p>(5) Sections 14 and 15 of the Act of 1927 shall be construed as if there were added to the Seventh Schedule to the Act of 1927 the following two new Parts:\u2014<\/p>\n<p>PART III<\/p>\n<p>Officers.<\/p>\n<p>1.\u2014(a) mother,<\/p>\n<p>(b) father over 60 years of age, or incapacitated by ill-health,<\/p>\n<p>(c) permanently invalided brother, or permanently invalided unmarried sister,<\/p>\n<p>(d) grandparents.<\/p>\n<p>2.\u2014An allowance shall be payable to one or more of the dependants mentioned of a deceased officer, who, in the opinion of the Minister, were wholly dependent on such officer.<\/p>\n<p>3.\u2014Where no allowance is payable under the terms of the immediately preceding paragraph, one allowance shall be payable to such one of the dependants mentioned of a deceased officer as the Minister may direct who was mainly dependent on such officer.<\/p>\n<p>4.\u2014Whenever any dependant was wholly or mainly dependent on more than one deceased person, such dependant shall not receive, in respect of such deceased persons, allowances exceeding in the whole the maximum allowance which could be granted to such dependant under this Schedule in respect of any one of such deceased persons. In this clause the expression \u201cdeceased person\u201d includes a deceased officer as well as a deceased soldier.<\/p>\n<p>5.\u2014A dependant&#8217;s allowance granted to any person under the terms of this Part of this Schedule shall be an annual sum of fifty-two pounds.<\/p>\n<p>PART IV.<\/p>\n<p>Soldiers.<\/p>\n<p>1.\u2014(a) mother,<\/p>\n<p>(b) father over 60 years of age, or incapacitated by ill-health,<\/p>\n<p>(c) permanently invalided brother, or permanently invalided unmarried sister,<\/p>\n<p>(d) grandparents.<\/p>\n<p>2.\u2014An allowance shall be payable to one or more of the dependants mentioned of a deceased soldier, who, in the opinion of the Minister, were wholly dependent on such soldier.<\/p>\n<p>3.\u2014Where no allowance is payable under the terms of the immediately preceding paragraph, one allowance shall be payable to such one of the dependants mentioned of a deceased soldier as the Minister may direct who was mainly dependent on such soldier.<\/p>\n<p>4.\u2014Whenever any dependant was wholly or mainly dependent on more than one deceased person, such dependant shall not receive, in respect of such deceased persons, allowances exceeding in the whole the maximum allowance which could be granted to such dependant under this Schedule in respect of any one of such deceased persons. In this clause the expression \u2018deceased person\u2019 includes a deceased officer as well as a deceased soldier.<\/p>\n<p>5.\u2014A dependant&#8217;s allowance granted to any person under the terms of this Part of this Schedule shall be an annual sum of twenty-six pounds.<\/p>\n<p>(6) Every allowance granted, by virtue of the amendments effected by this section, under sub-section (2) of section 14 or sub-section (2) of section 15 of the Act of 1927, shall commence on such date (not being earlier than the date of the death of the person in respect of whom the allowance is payable) as the Minister may determine.<\/p>\n<p>(7) Every application for an allowance under sub-section (2) of section 14 or sub-section (2) of section 15 of the Act of 1927, as amended by this section, shall be made\u2014<\/p>\n<p>(a) in case the person in respect of whom the allowance is claimed died before the date of the passing of this Act, within twelve months after the said date;<\/p>\n<p>(b) in case such person died on or after the said date, within twelve months after the date of his death.<\/p>\n<p>(8) No allowance shall be granted to the dependants, mentioned in Parts III and IV (which said Parts are inserted by this section) of the Seventh Schedule to the Act of 1927, of an officer or soldier unless the wound which occasioned the death of such officer or soldier was received during the emergency period.<\/p>\n<p>(9) Sub-section (2) of section 25 of the Act of 1932 is hereby repealed.<\/p>\n<p>Pensions in respect of disablements due to disease attributable to service during the emergency period where disability is less than 80 per cent. but not less than 50 per cent.<\/p>\n<p>6.\u2014(1) Where an application is duly made on or after the date of the passing of this Act by a person for a disability pension under section 10 of the Act of 1927, as amended by this Act, and such application is referred to the Army Pensions Board under the terms of section 7 of the Act of 1927, then if such person is at the date of his examination by the Army Pensions Board suffering from a disablement due to disease attributable to service in the forces during the emergency period, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) if his degree of disablement is found on the date of such examination to be less than eighty per cent., and not less than fifty per cent., there may be granted to such person, if he applies to the Minister therefor, not later than twelve months after such examination, a final pension of fifteen shillings per week commencing from such date (not being earlier than the date of the passing of this Act) as the Minister may determine;<\/p>\n<p>(b) if his degree of disablement is found on the date of such examination to be not less than eighty per cent., but is found on any periodical re-examination to be less than eighty per cent., but not less than fifty per cent., there may be granted to such person, if he applies to the Minister therefor, not later than twelve months after such re-examination, a final pension of one pound per week commencing on such date (not being earlier than the date of the cesser of his former disability pension) as the Minister may determine;<\/p>\n<p>(c) where such person is granted a pension under this sub-section, no disability pension shall be granted or payable to him.<\/p>\n<p>In this sub-section\u2014<\/p>\n<p>the expression \u201cdisability pension\u201d means a pension under section 10 of the Act of 1927, as amended by this Act.<\/p>\n<p>(2) Sections 9 to 14 of the Act of 1923 shall apply in respect of pensions granted under this section and to persons to whom such pensions are payable as if such pensions were the pensions mentioned in these sections respectively.<\/p>\n<p>(3) In this section\u2014<\/p>\n<p>the expression \u201cdegree of disablement\u201d has the same meaning as in the Act of 1927;<\/p>\n<p>the expression \u201cperiodical re-examination\u201d means a periodical re-examination under section 6 of the Act of 1923.<\/p>\n<p>Special allowances to persons who served in Easter Week.<\/p>\n<p>7.\u2014(1) Subject to the provisions of this section, there may be granted an allowance (in this section referred to as a special allowance) to any qualified person in whose case the Minister and the Minister for Finance are satisfied that the statutory conditions are complied with.<\/p>\n<p>(2) A special allowance granted to any qualified person shall be an annual sum of such amount as will, when added to the yearly means of that person, not equal or exceed the appropriate annual sum.<\/p>\n<p>(3) A special allowance 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.<\/p>\n<p>(4) Every special allowance shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>(5) Every application for a special allowance shall be in such form and contain such particulars as the Minister may require.<\/p>\n<p>(6) No application for a special allowance which has been refused shall be renewed within a period of twelve months from the date of refusal.<\/p>\n<p>(7) Section 40 of the Act of 1937 shall apply to a special allowance, subject to the following modifications, that is to say:\u2014<\/p>\n<p>(a) the references therein to a dependant&#8217;s allowance shall be construed as a reference to a special allowance;<\/p>\n<p>(b) the reference in sub-section (2) to fifteen shillings a week shall be construed as a reference to the appropriate annual sum.<\/p>\n<p>(8) Sections 9 , 10 , 11 , 12 and 14 of the Act of 1923, and section 21 of the Act of 1927, shall apply in respect of a special allowance, persons who are or claim to be entitled to special allowances, persons to whom special allowances are granted and persons applying for special allowances as if special allowances were mentioned in those sections respectively.<\/p>\n<p>(9) For the purposes of this section\u2014<\/p>\n<p>the expression \u201cqualified person\u201d means a person who was a member of an organisation to which Part II of the Act of 1932 applies and who was granted\u2014<\/p>\n<p>(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 the week which commenced on the 23rd day of April, 1916, or service during that week and other service, or<\/p>\n<p>(b) a wound or disability pension under the Acts in respect of a wound or injury received or a disability contracted during the said week;<\/p>\n<p>the word \u201cchild\u201d means a child under the age of eighteen years or, if over that age, incapable of self-support;<\/p>\n<p>the expression \u201cthe appropriate annual sum\u201d means\u2014<\/p>\n<p>(a) in relation to a single man or woman, or a married man or woman, married after the 30th day of September, 1942, or a widower or widow married after the 30th day of September, 1942, or a widower or widow with no children, \u00a378;<\/p>\n<p>(b) in relation to a married man or woman, married before the 1st day of October, 1942, whose spouse is living but who has no children, \u00a397 10s. 0d.;<\/p>\n<p>(c) in relation to a married man or woman, married before the 1st day of October, 1942, whose spouse is living and who has children, the sum of the following amounts, namely, \u00a397 10s. 0d., and \u00a310 8s. 0d. in respect of each child;<\/p>\n<p>(d) in relation to a widower or widow, married before the 1st day of October, 1942, who has children, the sum of the following amounts, namely, \u00a378, and \u00a310 8s. 0d. in respect of each child;<\/p>\n<p>references to the yearly means of a person shall be construed as references to the yearly means of that person as ascertained in accordance with the joint directions of the Minister and the Minister for Finance;<\/p>\n<p>the expression \u201cthe statutory conditions\u201d in relation to a person means the following conditions:\u2014<\/p>\n<p>(a) that the yearly means of such person do not equal or exceed the appropriate annual sum, and<\/p>\n<p>(b) that such person is incapable of self-support by reason \u03bff age or permanent infirmity of body or mind.<\/p>\n<p>Recovery of certain gratuities.<\/p>\n<p>8.\u2014Any gratuity (whether paid extra-statutorily or otherwise) paid before the passing of this Act, by the Minister to the dependants (including the widow or a child) of a person, who died as a result of a wound or injury received, or of disease attributable to service, during the emergency period, may at the discretion of the Minister be recovered in such a manner as he thinks fit in whole or in part from any grant of any allowance payable in respect of such person under the Acts, or under the Acts as amended by this Act.<\/p>\n<p>Reduction of widow&#8217;s or child&#8217;s allowance in certain cases.<\/p>\n<p>9.\u2014Where the widow or child of an officer is granted an allowance under section 14 or 15 of the Act of 1927, as amended by this Act, and is during any period in respect of which such pension is payable also in receipt of a pension under a scheme made under the Defence Forces (Pensions) Acts, 1932 and 1938, the amount of the allowance shall be reduced by an amount equal to the amount of the pension.<\/p>\n<p>Reference of applications for allowance to the Army Pensions Board and report of Army Pensions Board on such applications.<\/p>\n<p>10.\u2014(1) The Minister, if he is of opinion that the investigation by the Army Pensions Board of any particular application for an allowance under the Acts is not required for the purpose of enabling him to decide whether or not a grant should be made, may, notwithstanding anything contained in the Acts, deal with the application without referring it to the said Board.<\/p>\n<p>(2) Where an application for an allowance under the Acts is referred to the Army Pensions Board, the Minister, if he is of opinion that the investigation of any particular matter or matters arising on the application is not required for the purpose of enabling him to decide whether or not a grant should be made, may direct the said Board to confine their investigation and report to the other matters arising on the application and in that case the said Board shall, notwithstanding anything contained in the Acts, confine their investigation and report accordingly.<\/p>\n<p>Short title and collective citation.<\/p>\n<p>11.\u2014(1) This Act may be cited as the Army Pensions Act, 1943.<\/p>\n<p>(2) The Acts and this Act may be cited together as the Army Pensions Acts, 1923 to 1943.<\/p>\n<h2>ARMY PENSIONS ACT, 1943.<\/h2>\n<p>AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1941. [27th April, 1943.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:\u2014<\/p>\n<p>Interpretation.<\/p>\n<p>1.\u2014(1) In this Act\u2014<\/p>\n<p>the expression \u201cthe Act of 1923\u201d 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;<\/p>\n<p>the expression \u201cthe Act of 1927\u201d 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;<\/p>\n<p>the expression \u201cthe Act of 1932\u201d 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;<\/p>\n<p>the expression \u201cthe Act of 1937\u201d 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;<\/p>\n<p>the expression \u201cthe Act of 1941\u201d means the Army Pensions Act, 1941 (No. 2 of 1941);<\/p>\n<p>the expression \u201cthe Acts\u201d means the Army Pensions Acts, 1923 to 1941.<\/p>\n<p>(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.<\/p>\n<p>\u201cThe emergency period\u201d.<\/p>\n<p>2.\u2014The expression \u201cthe emergency period\u201d where it occurs in this Act or in any amendment of the Acts effected by this Act shall mean the period which commenced on the date of the passing of the Emergency Powers Act, 1939 (No. 28 of 1939), and ends on the expiration of the last-mentioned Act.<\/p>\n<p>Amendment of sections 10 and 12 of, and Third Schedule to, the Act of 1927.<\/p>\n<p>3.\u2014(1) Section 10 of the Act of 1927 is hereby amended (with effect as on and from the 3rd day of September, 1939), as follows:\u2014<\/p>\n<p>(a) by the insertion, in sub-section (1), after the words and figures \u201cthe 30th day of September, 1924\u201d, of the words \u201cor during the emergency period\u201d, and<\/p>\n<p>(b) by the deletion, in sub-section (2), of the words and figures \u201cmarried before the 1st day of October, 1924\u201d, and the substitution therefor of the words \u201cat the date of his discharge, in the case of an officer, either in occupation of married quarters or in receipt of lodging, fuel and light allowance as a married officer, or, in the case of a soldier, in receipt of marriage allowance as a married soldier\u201d.<\/p>\n<p>(2) Every pension granted, by virtue of the amendment effected by sub-section (1) of this section, under section 10 of the Act of 1927, shall commence from such date (not being earlier than the date of discharge from the forces or the date on which the disability is found by the Army Pensions Board to have reached the minimum degree of disablement, whichever is the later) as the Minister may determine.<\/p>\n<p>(3) Every application for a pension under section 10 of the Act of 1927, as amended by sub-section (1) of this section, shall be made before the expiration of four years from the date of discharge or within twelve months from the date of the passing of this Act, whichever is the later.<\/p>\n<p>(4) Sub-section (1) of section 10 of the Act of 1927 shall have effect as if section 7 of the Act of 1937 had not been enacted.<\/p>\n<p>(5) Sections 10 and 12 of the Act of 1927 shall be construed (with effect as on and from the 3rd day of September, 1939) as if, in relation to a disablement caused by disease or due to a wound attributable to service in the forces during the emergency period, there were substituted for Part I of the Third Schedule to the Act of 1927, the following Part:\u2014<\/p>\n<p>PART I.<\/p>\n<p>Officers.<\/p>\n<p>Degree of disablement<\/p>\n<p>SCALE OF PENSION<\/p>\n<p>100 per cent.<\/p>\n<p>60<\/p>\n<p>per<\/p>\n<p>cent,<\/p>\n<p>of<\/p>\n<p>annual<\/p>\n<p>pay<\/p>\n<p>at<\/p>\n<p>the<\/p>\n<p>date<\/p>\n<p>of<\/p>\n<p>discharge<\/p>\n<p>or<\/p>\n<p>the<\/p>\n<p>sum<\/p>\n<p>of<\/p>\n<p>\u00a3120<\/p>\n<p>per<\/p>\n<p>annum<\/p>\n<p>whichever<\/p>\n<p>is<\/p>\n<p>the<\/p>\n<p>greater<\/p>\n<p>90<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>54<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u00a3108<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>80<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>48<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u00a396<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>70<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>42<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u00a384<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>60<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>36<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u00a372<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>50<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>30<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u00a360<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>40<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>24<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u00a348<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>30<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>18<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u00a336<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>20<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>12<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u00a324<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>Note: \u201cAnnual Pay\u201d does not include allowances, or additional pay in respect of temporary, probationary or acting duty.<\/p>\n<p>The married pension payable to an officer in receipt of a pension under this Schedule who is entitled to a married pension shall be at the rate of \u00a330 per annum.<\/p>\n<p>(6) Sections 10 and 12 of the Act of 1927 shall be construed (with effect as on and from the 3rd day of September, 1939) as if, in relation to a disablement caused by disease or due to a wound attributable to service in the forces during the emergency period, there were substituted for Part II of the Third Schedule to the Act of 1927, the following Part:\u2014<\/p>\n<p>PART II.<\/p>\n<p>Soldiers.<\/p>\n<p>Degree of Disablement<\/p>\n<p>Disability Pension<\/p>\n<p>Married Pension<\/p>\n<p>per week<\/p>\n<p>per week<\/p>\n<p>\u00a3<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>\u00a3<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>100 per cent.<\/p>\n<p>2<\/p>\n<p>2<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>10<\/p>\n<p>0<\/p>\n<p>90<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>1<\/p>\n<p>17<\/p>\n<p>9<\/p>\n<p>0<\/p>\n<p>9<\/p>\n<p>0<\/p>\n<p>80<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>1<\/p>\n<p>13<\/p>\n<p>7<\/p>\n<p>0<\/p>\n<p>8<\/p>\n<p>0<\/p>\n<p>70<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>1<\/p>\n<p>9<\/p>\n<p>4<\/p>\n<p>0<\/p>\n<p>7<\/p>\n<p>0<\/p>\n<p>60<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>1<\/p>\n<p>5<\/p>\n<p>2<\/p>\n<p>0<\/p>\n<p>6<\/p>\n<p>0<\/p>\n<p>50<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>1<\/p>\n<p>1<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>5<\/p>\n<p>0<\/p>\n<p>40<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>0<\/p>\n<p>16<\/p>\n<p>9<\/p>\n<p>0<\/p>\n<p>4<\/p>\n<p>0<\/p>\n<p>30<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>0<\/p>\n<p>12<\/p>\n<p>7<\/p>\n<p>0<\/p>\n<p>3<\/p>\n<p>0<\/p>\n<p>20<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>0<\/p>\n<p>8<\/p>\n<p>4<\/p>\n<p>0<\/p>\n<p>2<\/p>\n<p>0<\/p>\n<p>Extension of sections 10 and 12 of the Act of 1927 to members of the Army Nursing Service.<\/p>\n<p>4.\u2014(1) Sub-section (1) of section 10 of the Act of 1927, as amended by this Act, shall apply and be deemed to have applied to a member of the Army Nursing Service whose service as such member is terminated (whether before or after the passing of this Act) and who at the date of such termination is suffering from a disablement caused by a disease attributable to service in the Army Nursing Service during the emergency period in like manner as if such member were an officer who is discharged from the forces and is at the date of his discharge suffering from a disablement caused by a disease attributable to service in the forces during the emergency period, subject to the following modifications:\u2014<\/p>\n<p>(a) the reference to four years after his discharge shall be construed as a reference to four years after the termination of her service as such member, and<\/p>\n<p>(b) the reference to the Third Schedule to the Act of 1927 shall be construed as a reference to the Schedule to this section.<\/p>\n<p>(2) Sub-sections (1) and (4) of section 12 of the Act of 1927 shall apply and be deemed to have applied to a member of the Army Nursing Service whose service as such member is terminated (whether before or after the passing of this Act) and who at the date of such termination is suffering from a disablement due to a wound attributable to her service in the Army Nursing Service during the emergency period in like manner as if such member were an officer who is discharged from the forces and is at the date of his discharge suffering from a disablement due to a wound attributable to his service in the forces and received on or after the 1st day of October, 1923, while he was a member of the forces, subject to the following modifications:\u2014<\/p>\n<p>(a) the reference, in the said sub-section (1), to the Third Schedule of the Act of 1927 shall be construed as a reference to the Schedule to this section;<\/p>\n<p>(b) the reference, in paragraph (a) of the said sub-section (4), to service in the forces shall be construed as a reference to service in the Army Nursing Service.<\/p>\n<p>(3) Every pension granted under section 10 or section 12 of the Act of 1927, as extended by this section, to a member of the Army Nursing Service shall commence on such date (not being earlier than the date of termination of her service as such member or the date on which the disability is found by the Army Pensions Board to have reached the minimum degree of disablement, whichever is the later) as the Minister may determine.<\/p>\n<p>(4) Every application by a member of the Army Nursing Service for a pension under section 10 or a pension or gratuity under section 12 of the Act of 1927, as extended by this section, shall be made before the expiration of four years from the date of the termination of her service as such member.<\/p>\n<p>SCHEDULE.<\/p>\n<p>Scale of disability pensions and wound pensions for Members of the Army Nursing Service.<\/p>\n<p>Degree of Disablement<\/p>\n<p>Scale of Pension<\/p>\n<p>\u00a3<\/p>\n<p>100 per cent.<\/p>\n<p>110 per annum<\/p>\n<p>90<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>99<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>80<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>88<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>70<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>77<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>60<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>66<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>50<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>55<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>40<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>44<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>30<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>33<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>20<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>22<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>Amendment of sections 14 and 15 of, and the Seventh Schedule to, the Act of 1927.<\/p>\n<p>5.\u2014(1) Sub-section (2) of section 14 of the Act of 1927 is hereby amended as follows:\u2014<\/p>\n<p>(a) by the insertion in paragraph (ii) of the words \u201cand other dependants\u201d after the word \u201cchildren\u201d where the said word occurs;<\/p>\n<p>(b) by the insertion in paragraph (a), after the words and figures \u201cthe 30th day of September, 1924,\u201d of the words \u201cor during the emergency period\u201d;<\/p>\n<p>(c) by the insertion in paragraph (b) of the words \u201cor during the emergency period\u201d after the words \u201cthe said period\u201d where the latter words occur.<\/p>\n<p>(2) The reference, in paragraph (d) of sub-section (2) of section 14 of the Act of 1927, to the Act of 1927 shall be construed as a reference to the Act of 1927, as amended by this Act.<\/p>\n<p>(3) Section 15 of the Act of 1927 is hereby amended as follows:\u2014<\/p>\n<p>(a) by the insertion in sub-section (2), after the word \u201cchildren\u201d of the words \u201cand other dependants\u201d, and<\/p>\n<p>(b) by the insertion in sub-section (3) of the words \u201cor a dependant\u201d after the word \u201cchild\u201d where that word occurs secondly.<\/p>\n<p>(4) The references, in paragraph (d) of sub-section (2) of section 15 of the Act of 1927, to the Act of 1927 shall be construed as including references to the Act of 1927, as amended by this Act.<\/p>\n<p>(5) Sections 14 and 15 of the Act of 1927 shall be construed as if there were added to the Seventh Schedule to the Act of 1927 the following two new Parts:\u2014<\/p>\n<p>PART III<\/p>\n<p>Officers.<\/p>\n<p>1.\u2014(a) mother,<\/p>\n<p>(b) father over 60 years of age, or incapacitated by ill-health,<\/p>\n<p>(c) permanently invalided brother, or permanently invalided unmarried sister,<\/p>\n<p>(d) grandparents.<\/p>\n<p>2.\u2014An allowance shall be payable to one or more of the dependants mentioned of a deceased officer, who, in the opinion of the Minister, were wholly dependent on such officer.<\/p>\n<p>3.\u2014Where no allowance is payable under the terms of the immediately preceding paragraph, one allowance shall be payable to such one of the dependants mentioned of a deceased officer as the Minister may direct who was mainly dependent on such officer.<\/p>\n<p>4.\u2014Whenever any dependant was wholly or mainly dependent on more than one deceased person, such dependant shall not receive, in respect of such deceased persons, allowances exceeding in the whole the maximum allowance which could be granted to such dependant under this Schedule in respect of any one of such deceased persons. In this clause the expression \u201cdeceased person\u201d includes a deceased officer as well as a deceased soldier.<\/p>\n<p>5.\u2014A dependant&#8217;s allowance granted to any person under the terms of this Part of this Schedule shall be an annual sum of fifty-two pounds.<\/p>\n<p>PART IV.<\/p>\n<p>Soldiers.<\/p>\n<p>1.\u2014(a) mother,<\/p>\n<p>(b) father over 60 years of age, or incapacitated by ill-health,<\/p>\n<p>(c) permanently invalided brother, or permanently invalided unmarried sister,<\/p>\n<p>(d) grandparents.<\/p>\n<p>2.\u2014An allowance shall be payable to one or more of the dependants mentioned of a deceased soldier, who, in the opinion of the Minister, were wholly dependent on such soldier.<\/p>\n<p>3.\u2014Where no allowance is payable under the terms of the immediately preceding paragraph, one allowance shall be payable to such one of the dependants mentioned of a deceased soldier as the Minister may direct who was mainly dependent on such soldier.<\/p>\n<p>4.\u2014Whenever any dependant was wholly or mainly dependent on more than one deceased person, such dependant shall not receive, in respect of such deceased persons, allowances exceeding in the whole the maximum allowance which could be granted to such dependant under this Schedule in respect of any one of such deceased persons. In this clause the expression \u2018deceased person\u2019 includes a deceased officer as well as a deceased soldier.<\/p>\n<p>5.\u2014A dependant&#8217;s allowance granted to any person under the terms of this Part of this Schedule shall be an annual sum of twenty-six pounds.<\/p>\n<p>(6) Every allowance granted, by virtue of the amendments effected by this section, under sub-section (2) of section 14 or sub-section (2) of section 15 of the Act of 1927, shall commence on such date (not being earlier than the date of the death of the person in respect of whom the allowance is payable) as the Minister may determine.<\/p>\n<p>(7) Every application for an allowance under sub-section (2) of section 14 or sub-section (2) of section 15 of the Act of 1927, as amended by this section, shall be made\u2014<\/p>\n<p>(a) in case the person in respect of whom the allowance is claimed died before the date of the passing of this Act, within twelve months after the said date;<\/p>\n<p>(b) in case such person died on or after the said date, within twelve months after the date of his death.<\/p>\n<p>(8) No allowance shall be granted to the dependants, mentioned in Parts III and IV (which said Parts are inserted by this section) of the Seventh Schedule to the Act of 1927, of an officer or soldier unless the wound which occasioned the death of such officer or soldier was received during the emergency period.<\/p>\n<p>(9) Sub-section (2) of section 25 of the Act of 1932 is hereby repealed.<\/p>\n<p>Pensions in respect of disablements due to disease attributable to service during the emergency period where disability is less than 80 per cent. but not less than 50 per cent.<\/p>\n<p>6.\u2014(1) Where an application is duly made on or after the date of the passing of this Act by a person for a disability pension under section 10 of the Act of 1927, as amended by this Act, and such application is referred to the Army Pensions Board under the terms of section 7 of the Act of 1927, then if such person is at the date of his examination by the Army Pensions Board suffering from a disablement due to disease attributable to service in the forces during the emergency period, the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(a) if his degree of disablement is found on the date of such examination to be less than eighty per cent., and not less than fifty per cent., there may be granted to such person, if he applies to the Minister therefor, not later than twelve months after such examination, a final pension of fifteen shillings per week commencing from such date (not being earlier than the date of the passing of this Act) as the Minister may determine;<\/p>\n<p>(b) if his degree of disablement is found on the date of such examination to be not less than eighty per cent., but is found on any periodical re-examination to be less than eighty per cent., but not less than fifty per cent., there may be granted to such person, if he applies to the Minister therefor, not later than twelve months after such re-examination, a final pension of one pound per week commencing on such date (not being earlier than the date of the cesser of his former disability pension) as the Minister may determine;<\/p>\n<p>(c) where such person is granted a pension under this sub-section, no disability pension shall be granted or payable to him.<\/p>\n<p>In this sub-section\u2014<\/p>\n<p>the expression \u201cdisability pension\u201d means a pension under section 10 of the Act of 1927, as amended by this Act.<\/p>\n<p>(2) Sections 9 to 14 of the Act of 1923 shall apply in respect of pensions granted under this section and to persons to whom such pensions are payable as if such pensions were the pensions mentioned in these sections respectively.<\/p>\n<p>(3) In this section\u2014<\/p>\n<p>the expression \u201cdegree of disablement\u201d has the same meaning as in the Act of 1927;<\/p>\n<p>the expression \u201cperiodical re-examination\u201d means a periodical re-examination under section 6 of the Act of 1923.<\/p>\n<p>Special allowances to persons who served in Easter Week.<\/p>\n<p>7.\u2014(1) Subject to the provisions of this section, there may be granted an allowance (in this section referred to as a special allowance) to any qualified person in whose case the Minister and the Minister for Finance are satisfied that the statutory conditions are complied with.<\/p>\n<p>(2) A special allowance granted to any qualified person shall be an annual sum of such amount as will, when added to the yearly means of that person, not equal or exceed the appropriate annual sum.<\/p>\n<p>(3) A special allowance 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.<\/p>\n<p>(4) Every special allowance shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>(5) Every application for a special allowance shall be in such form and contain such particulars as the Minister may require.<\/p>\n<p>(6) No application for a special allowance which has been refused shall be renewed within a period of twelve months from the date of refusal.<\/p>\n<p>(7) Section 40 of the Act of 1937 shall apply to a special allowance, subject to the following modifications, that is to say:\u2014<\/p>\n<p>(a) the references therein to a dependant&#8217;s allowance shall be construed as a reference to a special allowance;<\/p>\n<p>(b) the reference in sub-section (2) to fifteen shillings a week shall be construed as a reference to the appropriate annual sum.<\/p>\n<p>(8) Sections 9 , 10 , 11 , 12 and 14 of the Act of 1923, and section 21 of the Act of 1927, shall apply in respect of a special allowance, persons who are or claim to be entitled to special allowances, persons to whom special allowances are granted and persons applying for special allowances as if special allowances were mentioned in those sections respectively.<\/p>\n<p>(9) For the purposes of this section\u2014<\/p>\n<p>the expression \u201cqualified person\u201d means a person who was a member of an organisation to which Part II of the Act of 1932 applies and who was granted\u2014<\/p>\n<p>(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 the week which commenced on the 23rd day of April, 1916, or service during that week and other service, or<\/p>\n<p>(b) a wound or disability pension under the Acts in respect of a wound or injury received or a disability contracted during the said week;<\/p>\n<p>the word \u201cchild\u201d means a child under the age of eighteen years or, if over that age, incapable of self-support;<\/p>\n<p>the expression \u201cthe appropriate annual sum\u201d means\u2014<\/p>\n<p>(a) in relation to a single man or woman, or a married man or woman, married after the 30th day of September, 1942, or a widower or widow married after the 30th day of September, 1942, or a widower or widow with no children, \u00a378;<\/p>\n<p>(b) in relation to a married man or woman, married before the 1st day of October, 1942, whose spouse is living but who has no children, \u00a397 10s. 0d.;<\/p>\n<p>(c) in relation to a married man or woman, married before the 1st day of October, 1942, whose spouse is living and who has children, the sum of the following amounts, namely, \u00a397 10s. 0d., and \u00a310 8s. 0d. in respect of each child;<\/p>\n<p>(d) in relation to a widower or widow, married before the 1st day of October, 1942, who has children, the sum of the following amounts, namely, \u00a378, and \u00a310 8s. 0d. in respect of each child;<\/p>\n<p>references to the yearly means of a person shall be construed as references to the yearly means of that person as ascertained in accordance with the joint directions of the Minister and the Minister for Finance;<\/p>\n<p>the expression \u201cthe statutory conditions\u201d in relation to a person means the following conditions:\u2014<\/p>\n<p>(a) that the yearly means of such person do not equal or exceed the appropriate annual sum, and<\/p>\n<p>(b) that such person is incapable of self-support by reason \u03bff age or permanent infirmity of body or mind.<\/p>\n<p>Recovery of certain gratuities.<\/p>\n<p>8.\u2014Any gratuity (whether paid extra-statutorily or otherwise) paid before the passing of this Act, by the Minister to the dependants (including the widow or a child) of a person, who died as a result of a wound or injury received, or of disease attributable to service, during the emergency period, may at the discretion of the Minister be recovered in such a manner as he thinks fit in whole or in part from any grant of any allowance payable in respect of such person under the Acts, or under the Acts as amended by this Act.<\/p>\n<p>Reduction of widow&#8217;s or child&#8217;s allowance in certain cases.<\/p>\n<p>9.\u2014Where the widow or child of an officer is granted an allowance under section 14 or 15 of the Act of 1927, as amended by this Act, and is during any period in respect of which such pension is payable also in receipt of a pension under a scheme made under the Defence Forces (Pensions) Acts, 1932 and 1938, the amount of the allowance shall be reduced by an amount equal to the amount of the pension.<\/p>\n<p>Reference of applications for allowance to the Army Pensions Board and report of Army Pensions Board on such applications.<\/p>\n<p>10.\u2014(1) The Minister, if he is of opinion that the investigation by the Army Pensions Board of any particular application for an allowance under the Acts is not required for the purpose of enabling him to decide whether or not a grant should be made, may, notwithstanding anything contained in the Acts, deal with the application without referring it to the said Board.<\/p>\n<p>(2) Where an application for an allowance under the Acts is referred to the Army Pensions Board, the Minister, if he is of opinion that the investigation of any particular matter or matters arising on the application is not required for the purpose of enabling him to decide whether or not a grant should be made, may direct the said Board to confine their investigation and report to the other matters arising on the application and in that case the said Board shall, notwithstanding anything contained in the Acts, confine their investigation and report accordingly.<\/p>\n<p>Short title and collective citation.<\/p>\n<p>11.\u2014(1) This Act may be cited as the Army Pensions Act, 1943.<\/p>\n<p>(2) The Acts and this Act may be cited together as the Army Pensions Acts, 1923 to 1943.<\/p>\n<h2>ARMY PENSIONS ACT, 1946.<\/h2>\n<p>AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1943. [27th February, 1946.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:\u2014<\/p>\n<p>Interpretation.<\/p>\n<p>1.\u2014(1) In this Act\u2014<\/p>\n<p>the expression \u201cthe Act of 1923\u201d 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;<\/p>\n<p>the expression \u201cthe Act of 1927\u201d 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;<\/p>\n<p>the expression \u201cthe Act of 1932\u201d 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;<\/p>\n<p>the expression \u201cthe Act of 1937\u201d 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;<\/p>\n<p>the expression \u201cthe Act of 1941\u201d 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;<\/p>\n<p>the expression \u201cthe Act of 1943\u201d means the Army Pensions Act, 1943 (No. 14 of 1943);<\/p>\n<p>the expression \u201cthe Acts\u201d means the Army Pensions Acts, 1923 to 1943;<\/p>\n<p>the expression \u201cthe appropriate existing (married pension) rate\u201d means\u2014<\/p>\n<p>(a) in relation to a married pension payable to a person who was immediately before his discharge an officer, the rate of thirty pounds per annum,<\/p>\n<p>(b) in relation to a married pension payable to a person who was immediately before his discharge a soldier, the rate, applicable to his degree of disablement, set out in the third column of the Part substituted, by subsection (6) of section 3 of the Act of 1943, for Part II of the Third Schedule to the Act of 1927;<\/p>\n<p>the expression \u201cthe appropriate new (married pension) rate\u201d means, in relation to a married pension payable to any person, the rate, applicable to his degree of disablement, set out in the First Schedule to this Act;<\/p>\n<p>the expression \u201cmarried pension\u201d means a married pension under subsection (2) of section 10 of the Act of 1927 or under subsection (2) of section 12 of the Act of 1927;<\/p>\n<p>the expression \u201cthe operative date\u201d means the date of the passing of this Act<\/p>\n<p>(2) References in this Act to the discharge of a person shall be construed as references to his discharge from the forces on or after the 3rd day of September, 1939.<\/p>\n<p>(3) 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.<\/p>\n<p>Grant of allowances and gratuities to widow and children of deceased person entitled to wound pension and extra pension under the Act of 1923.<\/p>\n<p>2.\u2014(1) The allowances and gratuities specified in the Second and Third Schedule to the Act of 1923 may be granted to the widow and children of a deceased person who\u2014<\/p>\n<p>(a) was immediately before his death in receipt of a wound pension under the Act of 1923 and a further pension under section 2 of the Act of 1923, and<\/p>\n<p>(b) died solely from the wound in respect of which the wound pension was granted.<\/p>\n<p>(2) Every allowance granted under this section shall commence on the day next following the day on which the person, in respect of whom the allowance is granted, died.<\/p>\n<p>Amendment of section 13 of the Act of 1923 and consequential amendments.<\/p>\n<p>3.\u2014(1) Subsection (2) of section 13 of the Act of 1923 is hereby amended by the addition at the end thereof of the following words:\u2014<\/p>\n<p>\u201cand if such compensation is received after the award of any such pension or allowance the Minister may review the award and, having regard to the amount of such compensation, either terminate the pension or allowance or reduce the amount thereof.\u201d<\/p>\n<p>(2) References in any of the Acts to section 13 of the Act of 1923 shall be construed as references to the said section 13 as amended by subsection (1) of this section.<\/p>\n<p>Married pensions of persons entitled to pensions under section 10 or section 12 of the Act of 1927 in respect of disablement caused by disease or due to a wound attributable to service during the emergency period.<\/p>\n<p>4.\u2014(1) Where\u2014<\/p>\n<p>(a) a person (being a person who was immediately before his discharge an officer and was commissioned before the operative date or being a person who was immediately before his discharge a soldier and was enlisted before the operative date) was, before the operative date, or is, on or after the operative date, granted an emergency-period pension, and<\/p>\n<p>(b) such person is entitled to a married pension,<\/p>\n<p>the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(i) the Minister shall, in case the emergency-period pension was granted before the operative date, as soon as may be after the operative date or, in case the emergency-period pension is granted on or after the operative date, as soon as may be after the grant of the emergency-period pension, cause to be served by post on such person a notice requiring him, within a specified time (not being earlier than twenty-eight days after the date on which the notice is posted), to send to the Minister a statement in writing setting out whether he elects to have the married pension paid at the appropriate existing (married pension) rate or at the appropriate new (married pension) rate,<\/p>\n<p>(ii) if such person complies with the notice, the married pension shall be payable, in case the emergency-period pension was granted before the operative date, as on and from the operative date or, in case the emergency-period pension was granted on or after the operative date, as on and from the commencement of the emergency-period pension, at whichever of the said rates such person so elects to have it paid,<\/p>\n<p>(iii) if such person does not comply with the notice, the married pension shall be payable, in case the emergency-period pension was granted before the operative date, as on and from the operative date or, in case the emergency-period pension was granted on or after the operative date, as on and from the commencement of the emergency-period pension, at whichever of the said rates the Minister directs.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) a person (being a person who was immediately before his discharge an officer and was commissioned on or after the operative date or being a person who was immediately before his discharge a soldier and was enlisted on or after the operative date) is granted an emergency-period pension, and<\/p>\n<p>(b) such person is entitled to a married pension,<\/p>\n<p>such married pension shall be payable at the appropriate new (married pension) rate.<\/p>\n<p>(3) In this section, the expression \u201cemergency-period pension\u201d means a pension being\u2014<\/p>\n<p>(a) a pension under section 10 of the Act of 1927 in respect of a disablement caused by disease attributable to service in the forces during the emergency period, or<\/p>\n<p>(b) a pension under section 12 of the Act of 1927 in respect of a disablement due to a wound attributable to such service.<\/p>\n<p>(4) Subsections (1) and (2) of this section shall not apply in respect of a person who is, by virtue of section 5 of this Act, granted a pension under section 12 of the Act of 1927.<\/p>\n<p>Pension under section 12 of the Act of 1927 in respect of disablement caused by disease or due to a wound attributable to service during the emergency period where pensioner in receipt of a wound pension under the Acts.<\/p>\n<p>5.\u2014(1) Where\u2014<\/p>\n<p>(a) a person is discharged from the forces on or after the 3rd day of September, 1939 (whether before or after the passing of this Act), and<\/p>\n<p>(b) such person is at the date of his discharge in receipt of a pension (in this section referred to as the existing pension) under the Acts in respect of a disablement (in this section referred to as the pre-emergency-period disablement) caused by a wound attributable to service rendered before the commencement of the emergency period, and<\/p>\n<p>(c) such person is at the date of his discharge suffering from a disablement (in this section referred to as the emergency-period disablement) caused by disease or due to a wound attributable to service in the forces during the emergency period, and<\/p>\n<p>(d) such person applies for a pension in respect of the emergency-period disablement, and<\/p>\n<p>(e) such person is at the date of his examination by the Army Pensions Board suffering from the emergency-period disablement,<\/p>\n<p>the following provisions shall have effect, that is to say:\u2014<\/p>\n<p>(i) notwithstanding section 20 of the Act of 1927, such person may be granted a pension (in this section referred to as an emergency-period pension) under section 12 of the Act of 1927 in respect of the emergency-period disablement, and for this purpose\u2014<\/p>\n<p>(I) the pre-emergency-period disablement shall be deemed to have been due to a wound attributable to service in the forces during the emergency period, and<\/p>\n<p>(II) the emergency-period disablement, if caused by disease, shall be deemed to be due to a wound attributable to service in the forces during the emergency period,<\/p>\n<p>(III) if the sum total of the pre-emergency-period disablement and the emergency-period disablement exceeds one hundred per cent., the said sum total shall be reckoned as one hundred per cent;<\/p>\n<p>(ii) if such person is granted an emergency-period pension, the existing pension and the married pension (if any) payable to such person immediately before the commencement of the emergency-period pension shall cease on such commencement.<\/p>\n<p>(2) if\u2014<\/p>\n<p>(a) an emergency-period pension is granted to any person, and<\/p>\n<p>(b) such person was in receipt of a married pension immediately before the commencement of the emergency-period pension, the following provisions shall have effect\u2014<\/p>\n<p>(i) such person shall, for so long after such commencement as he continues to be a married man for the purposes of the Act of 1927, be entitled to be paid and receive a married pension,<\/p>\n<p>(ii) for the purposes of determining the rate of such married pension\u2014<\/p>\n<p>(I) in case such person was an officer immediately before his discharge or was a soldier immediately before his discharge and was enlisted before the operative date\u2014<\/p>\n<p>(A) the Minister shall, as soon as may be after the grant of the emergency-period pension, cause to be served by post on such person a notice requiring him, within a specified time (not being earlier than twenty-eight days after the date on which the notice is posted), to send to the Minister a statement in writing setting out whether he elects to have the married pension paid in case he was an officer immediately before his discharge, at the appropriate existing (married pension) rate or at the appropriate new (married pension) rate, or in case he was a soldier immediately before his discharge and was enlisted before the operative date, at the rate of five shillings per week or at the appropriate existing (married pension) rate or at the appropriate new (married pension) rate,<\/p>\n<p>(B) if such person complies with the notice, the married pension shall be payable to him at whichever of the said rates, specified in the notice, such person so elects to have it paid,<\/p>\n<p>(C) if such person does not comply with the notice, the married pension shall be payable at whichever of the said rates, specified in the notice, the Minister directs;<\/p>\n<p>(II) in case such person was a soldier immediately before his discharge and was enlisted on or after the operative date, the married pension shall be payable at the appropriate new (married pension) rate.<\/p>\n<p>(3) If\u2014<\/p>\n<p>(a) an emergency-period pension is granted to any person, and<\/p>\n<p>(b) such person was not in receipt of a married pension immediately before the commencement of the emergency-period pension, and<\/p>\n<p>(c) either<\/p>\n<p>the emergency-period disablement was caused by disease and such person was at the date of his discharge, in the case of an officer, either in occupation of married quarters or in receipt of lodging, fuel and light allowance as a married officer, or in the case of a soldier, in receipt of marriage allowance as a married soldier, or<\/p>\n<p>the emergency-period disablement was due to a wound and such person was at the date on which he received the wound, in the case of an officer, a married man for the purposes of the Act of 1927, or, in the case of a soldier, in receipt of marriage allowance as a married soldier, and<\/p>\n<p>(d) such person is at the commencement of the emergency-period pension a married man for the purposes of the Act of 1927,<\/p>\n<p>the following provisions shall have effect\u2014<\/p>\n<p>(i) such person shall, for so long after such commencement as he continues to be a married man for the purposes of the Act of 1927, be entitled to be paid and receive a married pension,<\/p>\n<p>(ii) for the purpose of determining the rate of such married pension\u2014<\/p>\n<p>(I) in case such person was an officer immediately before his discharge and was commissioned before the operative date or was a soldier immediately before his discharge and was enlisted before the operative date\u2014<\/p>\n<p>(A) the Minister shall, as soon as may be after the grant of the emergency-period pension, cause to be served by post on such person a notice requiring him, within a specified time (not being earlier than twenty-eight days after the date on which the notice is posted), to send to the Minister a statement in writing setting out whether he elects to have the married pension paid at the appropriate existing (married pension) rate or at the appropriate new (married pension) rate,<\/p>\n<p>(B) if such person complies with the notice, the married pension shall be payable at whichever of the said rates such person so elects to have it paid,<\/p>\n<p>(C) if such person does not comply with the notice, the married pension shall be payable at whichever of the said rates the Minister directs;<\/p>\n<p>(II) in case such person was an officer immediately before his discharge and was commissioned on or after the operative&#8217; date or was a soldier immediately before his discharge and was enlisted on or after the operative date, the married pension shall be payable at the appropriate new (married pension) rate.<\/p>\n<p>Construction of section 10 of the Act of 1927 and section 5 of this Act as regards occupation by officers of married quarters, etc.<\/p>\n<p>6.\u2014For the purposes of section 10 of the Act of 1927 and section 5 of this Act, an officer shall be deemed to have been in occupation of married quarters, or in receipt of lodging, fuel, and light allowance at the married rate, during any period when he was absent from duty while on duly authorised sick leave, or while undergoing treatment, as authorised by Defence Force Regulations, in a military or civil hospital, in a sanatorium, in quarters or otherwise, notwithstanding that such allowance was not issued to him, or that he was not in occupation of married quarters during such period, provided he was in receipt of such allowance or in occupation of married quarters prior to such period.<\/p>\n<p>Pension under section 10 of the Act of 1927 in respect of disablement caused by disease attributable to service during the emergency period or pension or gratuity under section 12 of the Act of 1927 in respect of disablement due to a wound attributable to such service, where pensioner was granted a wound gratuity under the Acts.<\/p>\n<p>7.\u2014Where\u2014<\/p>\n<p>(a) a person is discharged from the forces on or after the 3rd day of September, 1939 (whether before or after the passing of this Act), and<\/p>\n<p>(b) such person had been granted a gratuity under the Acts in respect of a disablement caused by a wound attributable to service rendered before the commencement of the emergency period, and<\/p>\n<p>(c) such person is at the date of his discharge suffering from a disablement (in this subsection referred to as the emergency-period disablement) caused by disease or due to a wound attributable to service in the forces during the emergency period, and<\/p>\n<p>(d) such person applies for a pension in respect of the emergency-period disablement, and<\/p>\n<p>(e) such person is at the date of his examination by the Army Pensions Board suffering from the emergency-period disablement,<\/p>\n<p>the following provisions shall, notwithstanding anything contained in section 20 of the Act of 1927, have effect, that is to say:\u2014<\/p>\n<p>(i) in case the emergency-period disablement was caused by disease, such person may, if the degree of the emergency-period disablement is not less than eighty per cent., be granted a pension under section 10 of the Act of 1927 in respect of the emergency-period disablement.<\/p>\n<p>(ii) in case the emergency-period disablement was caused by a wound, such person may be granted a pension or gratuity (whichever is appropriate having regard to the degree of the emergency-period disablement) under section 12 of the Act of 1927 in respect of the emergency-period disablement.<\/p>\n<p>Amendment of section 18 of the Act of 1927.<\/p>\n<p>8.\u2014Subsection (5) of section 18 of the Act of 1927 is hereby amended by the addition at the end thereof of the following words and figures:<\/p>\n<p>\u201cor before the 1st day of January, 1947, whichever is later\u201d.<\/p>\n<p>Amendment of section 21 of the Act of 1927, and consequential amendments.<\/p>\n<p>9.\u2014(1) Subsection (1) of section 21 of the Act of 1927 is hereby amended by the deletion of the words \u201cin the city or county of Dublin\u201d where they occur therein.<\/p>\n<p>(2) References in the Acts to section 21 of the Act of 1927 shall be construed as references to the said section 21 as amended by subsection (1) of this section.<\/p>\n<p>(3) Subsection (2) of section 20 of the Act of 1932 is hereby amended by the deletion of the words \u201cin the city or county of Dublin\u201d where they occur therein.<\/p>\n<p>(4) Subsection (2) of section 33 of the Act of 1937 is hereby amended by the deletion of the words \u201cin the city or county of Dublin\u201d where they occur therein,<\/p>\n<p>Amendment of section 5 of the Act of 1943.<\/p>\n<p>10.\u2014(1) The following subsection shall be substituted for subsection (5) (which amends sections 14 and 15 of the Act of 1927) of section 5 of the Act of 1943, that is to say:\u2014<\/p>\n<p>\u201c(5) Sections 14 and 15 of the Act of 1927 shall be construed as if there were added to the Seventh Schedule to the Act of 1927 the following two new Parts:\u2014<\/p>\n<p>PART III.<\/p>\n<p>Officers.<\/p>\n<p>1. For the purposes of this Part of this Schedule each of the following and no other persons shall be deemed to be a dependant of a deceased officer:\u2014<\/p>\n<p>(a) his mother,<\/p>\n<p>(b) his father, if over sixty years of age or incapacitated by ill-health,<\/p>\n<p>(c) his permanently invalided brother,<\/p>\n<p>(d) his permanently invalided and, unmarried sister,<\/p>\n<p>(e) his grandfather,<\/p>\n<p>(f) his grandmother.<\/p>\n<p>2.\u2014(1) Where, in the opinion of the Minister, there is one dependant, and no more, who was wholly dependent on a deceased officer, an allowance shall be payable to that dependant.<\/p>\n<p>(2) Where, in the opinion of the Minister, there are two or more dependants who were wholly dependent on a deceased officer, an allowance shall be payable to each of those dependants.<\/p>\n<p>3.\u2014(1) Where\u2014<\/p>\n<p>(a) no allowance is payable under paragraph 2 of this Part, and<\/p>\n<p>(b) there is, in the opinion of the Minister, one dependant and no more who was mainly dependent on a deceased officer,<\/p>\n<p>an allowance shall be payable to that dependant.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) no allowance is payable under paragraph 2 of this Part, and<\/p>\n<p>(b) there are in the opinion of the Minister two or more dependants who were mainly dependent on a deceased officer,<\/p>\n<p>one allowance and no more shall be payable in respect of the deceased officer and such allowance shall be payable to such one of the said dependants as the Minister considers, having regard to all the circumstances, is the person to whom it should be paid.<\/p>\n<p>4.\u2014(1) Where\u2014<\/p>\n<p>(a) no allowance in respect of a deceased officer is payable under paragraph 2 or paragraph 3 of this Part, and<\/p>\n<p>(b) there is one dependant and no more of such deceased officer,<\/p>\n<p>a gratuity may be granted to that dependant.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) no allowance in respect of a deceased officer is payable under paragraph 2 or paragraph 3 of this Part, and<\/p>\n<p>(b) there are two or more dependants of such deceased officer,<\/p>\n<p>a gratuity may be payable in respect of such deceased officer and such gratuity shall be payable to such one or more, exclusively of the others or other, of the said dependants 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.<\/p>\n<p>5.\u2014(1) Where any dependant was wholly or mainly dependent on more than one deceased person, such dependant shall not receive, in respect of such deceased persons, allowances exceeding in the whole the maximum allowance which could be granted to such dependant under this Schedule in respect of any one of such deceased persons.<\/p>\n<p>(2) Whenever a person is a dependant of more than one deceased person, such person shall not receive, in respect of such deceased persons, gratuities exceeding in the whole the maximum gratuity which could be granted to such person under this Schedule in respect of any one of such deceased persons.<\/p>\n<p>(3) In this paragraph the expression \u2018deceased person\u2019 includes a deceased officer as well as a deceased soldier.<\/p>\n<p>6. An allowance under this Part of this Schedule shall be an annual sum of \u00a352, and a gratuity under this Part of this Schedule shall be such lump sum (not exceeding \u00a3112 10s. 0d.) as the Minister may determine.<\/p>\n<p>PART IV.<\/p>\n<p>Soldiers.<\/p>\n<p>1. For the purposes of this Part of this Schedule each of the following and no other persons shall be deemed to be a dependant of a deceased soldier\u2014<\/p>\n<p>(a) his mother,<\/p>\n<p>(b) his father, if over sixty years of age or incapacitated by ill-health,<\/p>\n<p>(c) his permanently invalided brother,<\/p>\n<p>(d) his permanently invalided and unmarried sister,<\/p>\n<p>(e) his grandfather,<\/p>\n<p>(f) his grandmother.<\/p>\n<p>2.\u2014(1) Where, in the opinion of the Minister, there is one dependant and no more who was wholly dependent on a deceased soldier, an allowance shall be payable to that dependant.<\/p>\n<p>(2) Where, in the opinion of the Minister, there are two or more dependants who were wholly dependent on a deceased soldier, an allowance shall be payable to each of those dependants.<\/p>\n<p>3.\u2014(1) Where\u2014<\/p>\n<p>(a) no allowance is payable under paragraph 2 of this Part, and<\/p>\n<p>(b) there is, in the opinion of the Minister, one dependant and no more who was mainly dependent on a deceased soldier,<\/p>\n<p>an allowance shall be payable to that dependant.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) no allowance is payable under paragraph 2 of this Part, and<\/p>\n<p>(b) there are, in the opinion of the Minister, two or more dependants who were mainly dependent on a deceased soldier,<\/p>\n<p>one allowance and no more shall be payable in respect of the deceased soldier and such allowance shall be payable to such one of the said dependants as the Minister considers, having regard to all the circumstances, is the person to whom it should be paid.<\/p>\n<p>4.\u2014(1) Where\u2014<\/p>\n<p>(a) no allowance in respect of a deceased soldier is payable under paragraph 2 or paragraph 3 of this Part, and<\/p>\n<p>(b) there is one dependant and no more of such deceased soldier,<\/p>\n<p>a gratuity may be granted to that dependant.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) no allowance in respect of a deceased soldier is payable under paragraph 2 or paragraph 3 of this Part, and<\/p>\n<p>(b) there are two or more dependants of such deceased soldier,<\/p>\n<p>a gratuity may be payable in respect of such deceased soldier and such gratuity shall be payable to such one or more, exclusively of the others or other, of the said dependants 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.<\/p>\n<p>5.\u2014(1) Where any dependant was wholly or mainly dependent on more than one deceased person, such dependant shall not receive, in respect of such deceased persons, allowances exceeding in the whole the maximum allowance which could be granted to such dependant under this Schedule in respect of any one of such deceased persons.<\/p>\n<p>(2) Whenever a person is a dependant of more than one deceased person, such person shall not receive, in respect of such deceased persons, gratuities exceeding in the whole the maximum gratuity which could be granted to such person under this Schedule in respect of any one of such deceased persons.<\/p>\n<p>(3) In this paragraph the expression \u2018deceased person\u2019 includes a deceased officer as well as a deceased soldier.<\/p>\n<p>6. An allowance under this Part of this Schedule shall be an annual sum of \u00a326, and a gratuity under this Part of this Schedule shall be such lump sum (not exceeding \u00a3112 10s. 0d.) as the Minister may determine.\u201d<\/p>\n<p>(2) Every application for a gratuity under subsection (2) of section 14 or subsection (2) of section 15 of the Act of 1927, as amended by this section, shall be made\u2014<\/p>\n<p>(a) in case the person in respect of whom the gratuity is claimed died before the operative date, within twelve months after the operative date;<\/p>\n<p>(b) in case such person died on or after the operative date, within twelve months after the date of his death.<\/p>\n<p>(3) Subsection (8) of section 5 of the Act of 1943 is hereby amended by the insertion of the words \u201cor gratuity\u201d after the word \u201callowance\u201d.<\/p>\n<p>Amendment of section 11 of the Act of 1937.<\/p>\n<p>11.\u2014Subsection (1) of section 11 of the Act of 1937 is hereby amended by the substitution, for the words \u201ctwelve months after the date of the passing of this Act\u201d, of the words and figures \u201cbefore the 1st day of January, 1947\u201d.<\/p>\n<p>Pensions to members of the Forces in respect of tuberculosis aggravated, etc., by service during the emergency period.<\/p>\n<p>12.\u2014(1) Where\u2014<\/p>\n<p>(a) a person has been discharged from the Forces after the 3rd day of September, 1939, (whether before or after the passing of this Act), and<\/p>\n<p>(b) such person is not entitled to a pension under the Acts or this Act, and<\/p>\n<p>(c) such person is at the date of his examination by the Army Pensions Board suffering from a disablement (not being less in degree than eighty per cent.) due to tuberculosis aggravated, accelerated or excited by\u2014<\/p>\n<p>(i) a wound attributable to service in the Forces and received during the emergency period, or<\/p>\n<p>(ii) a disease attributable to service in the Forces during the emergency period, or<\/p>\n<p>(iii) service in the Forces during the emergency period,<\/p>\n<p>there may be granted to such person a pension at the rate mentioned in the second column of the Second Schedule to this Act opposite to the appropriate degree of disablement in the first column of that Schedule.<\/p>\n<p>(2) Every application for a pension under this section shall be referred by the Minister to the Army Pensions Board.<\/p>\n<p>(3) The following provisions shall have effect in relation to applications for pensions under this section, that is to say:\u2014<\/p>\n<p>(a) every application shall be made to the Minister within twelve months from the operative date, or within four years from the date of discharge, whichever is the later;<\/p>\n<p>(b) every application shall be in such form and contain such particulars as the Minister may direct.<\/p>\n<p>(4) A pension granted to a person under this section shall commence on such day (not being earlier than the date of his discharge or the operative date, whichever is the later) as the Minister may determine.<\/p>\n<p>(5) Section 6 and sections 9 to 14 of the Act of 1923, as amended by this Act, sections 21 and 23 of the Act of 1927, as amended by this Act, and subsection (2) of section 27 and section 31 of the Act of 1937, shall apply in respect of pensions under this section, persons who are or who claim to be entitled to such pensions, persons to whom such pensions are granted, and persons applying for such pensions, as if such pensions were the pensions mentioned in those sections respectively.<\/p>\n<p>Amendment of section 3 of the Act of 1943.<\/p>\n<p>13.\u2014Subsection (3) of section 3 of the Act of 1943 is hereby amended by the substitution, for the words \u201cwithin twelve months from the date of the passing of this Act\u201d, of the words and figures \u201cbefore the 1st day of January, 1947\u201d.<\/p>\n<p>Amendment of section 7 of the Act of 1943<\/p>\n<p>14.\u2014(1) Subsection (9) of section 7 of the Act of 1943 is hereby amended as follows:\u2014<\/p>\n<p>(a) by the insertion in the definition of the expression \u201cqualified person\u201d, after paragraph (a), of the following paragraph:<\/p>\n<p>\u201c(aa) a medal in respect of continuous membership during the period of three months ended on the 11th day of July, 1921, if the Minister is satisfied that it was duly awarded on application made before the 1st day of January, 1947, or\u201d,<\/p>\n<p>(b) by the substitution in paragraph (b), for the words \u201csaid week\u201d, of the words \u201cthe period which commenced on the 23rd day of April, 1916, and ended on the 11th day of July, 1921;\u201d.<\/p>\n<p>(2) Every special allowance granted as the result of the amendment of section 7 of the Act of 1943 effected by subsection (1) of this section shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>Amendment of section 10 of the Act of 1943.<\/p>\n<p>15.\u2014 Section 10 of the Act of 1943 is hereby amended by the insertion, in subsections (1) and (2), of the words \u201ca pension or\u201d before the words \u201can allowance\u201d.<\/p>\n<p>Short title and collective citation.<\/p>\n<p>16.\u2014(1) This Act may be cited as the Army Pensions Act, 1946.<\/p>\n<p>(2) The Acts and this Act may be cited together as the Army Pensions Acts, 1923 to 1946.<\/p>\n<p>FIRST SCHEDULE.<\/p>\n<p>Alternative Rates of Married Pensions of Officers and Soldiers.<\/p>\n<p>Married Pension per week<\/p>\n<p>Degree of Disablement<\/p>\n<p>In respect of wife<\/p>\n<p>In respect of each child born not later than nine months after the date of the pensioner&#8217;s discharge who, being a boy, is for the time being under the age of 18 years or, being a girl, is for the time being under that age and unmarried<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>100<\/p>\n<p>per<\/p>\n<p>cent.<\/p>\n<p>7<\/p>\n<p>6<\/p>\n<p>4<\/p>\n<p>0<\/p>\n<p>90<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>6<\/p>\n<p>9<\/p>\n<p>3<\/p>\n<p>7<\/p>\n<p>80<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>6<\/p>\n<p>0<\/p>\n<p>3<\/p>\n<p>2<\/p>\n<p>70<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>5<\/p>\n<p>3<\/p>\n<p>2<\/p>\n<p>10<\/p>\n<p>60<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>4<\/p>\n<p>6<\/p>\n<p>2<\/p>\n<p>5<\/p>\n<p>50<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>3<\/p>\n<p>9<\/p>\n<p>2<\/p>\n<p>0<\/p>\n<p>40<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>3<\/p>\n<p>0<\/p>\n<p>1<\/p>\n<p>7<\/p>\n<p>30<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>2<\/p>\n<p>3<\/p>\n<p>1<\/p>\n<p>2<\/p>\n<p>20<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>1<\/p>\n<p>6<\/p>\n<p>0<\/p>\n<p>10<\/p>\n<p>The sum specified in the second column of this Schedule shall cease to be payable if the pensioner&#8217;s wife dies or the marriage is lawfully annulled or dissolved.<\/p>\n<p>SECOND SCHEDULE.<\/p>\n<p>Rates of Pensions under Section 12 of this Act.<\/p>\n<p>Degree of Disablement<\/p>\n<p>Pension<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>Per cent.<\/p>\n<p>Per annum<\/p>\n<p>100<\/p>\n<p>\u00a3100<\/p>\n<p>90<\/p>\n<p>90<\/p>\n<p>80<\/p>\n<p>80<\/p>\n<p>70<\/p>\n<p>70<\/p>\n<p>60<\/p>\n<p>60<\/p>\n<p>50<\/p>\n<p>50<\/p>\n<p>40<\/p>\n<p>40<\/p>\n<p>30<\/p>\n<p>30<\/p>\n<p>20<\/p>\n<p>20<\/p>\n<h2>DEFENCE FORCES (PENSIONS) (AMENDMENT) ACT, 1949.<\/h2>\n<p>AN ACT TO EXTEND THE DEFENCE FORCES (PENSIONS) ACTS, 1932 AND 1938, TO MEMBERS OF THE CHAPLAINCY SERVICE [18th May, 1949.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:\u2014<\/p>\n<p>The Principal Act.<\/p>\n<p>1.\u2014In this Act, the expression \u201cthe Principal Act\u201d means the Defence Forces (Pensions) Act, 1932 (No. 26 of 1932).<\/p>\n<p>Amendment of section 1 of Principal Act.<\/p>\n<p>2.\u2014The definition, in section 1 of the Principal Act, of the expression \u201cthe National Army\u201d is hereby amended by the insertion, after the words \u201cArmy Nursing Service\u201d, of the words \u201cor the Chaplaincy Service\u201d.<\/p>\n<p>Amendment of section 2 of Principal Act.<\/p>\n<p>3.\u2014Section 2 of the Principal Act is hereby amended\u2014<\/p>\n<p>(a) by the insertion in subsection (1), after paragraph (b), of the following paragraph:<\/p>\n<p>\u201c(bb) pensions and gratuities for members of the Chaplaincy Service to whom such scheme applies, and\u201d,<\/p>\n<p>(b) by the addition at the end of subsection (2) of the follow-words:<\/p>\n<p>\u201cand members of the Chaplaincy Service,\u201d<\/p>\n<p>(c) by the addition at the end of subsection (3) of the following words:<\/p>\n<p>\u201cor, in the case of a member of the Chaplaincy Service, to his service as such member or as a chaplain with the National Army.\u201d<\/p>\n<p>&nbsp;<\/p>\n<h2>ARMY PENSIONS ACT, 1953.<\/h2>\n<p>AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1949. [5th August, 1953.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:\u2014<\/p>\n<p>PART I.<\/p>\n<p>Preliminary and General.<\/p>\n<p>Short title and collective citation.<\/p>\n<p>1.\u2014(1) This Act may be cited as the Army Pensions Act, 1953.<\/p>\n<p>(2) The Acts and this Act may be cited together as the Army Pensions Acts, 1923 to 1953.<\/p>\n<p>Interpretation.<\/p>\n<p>2.\u2014(1) In this Act\u2014<\/p>\n<p>\u201cthe Act of 1923\u201d means the Army Pensions Act, 1923 (No. 26 of 1923);<\/p>\n<p>\u201cthe Act of 1927\u201d means the Army Pensions Act, 1927 (No. 12 of 1927);<\/p>\n<p>\u201cthe Act of 1932\u201d means the Army Pensions Act, 1932 (No. 24 of 1932);<\/p>\n<p>\u201cthe Act of 1937\u201d means the Army Pensions Act, 1937 (No. 15 of 1937);<\/p>\n<p>\u201cthe Act of 1941\u201d means the Army Pensions Act, 1941 (No. 2 of 1941);<\/p>\n<p>\u201cthe Act of 1943\u201d means the Army Pensions Act, 1943 (No. 14 of 1943);<\/p>\n<p>\u201cthe Act of 1946\u201d means the Army Pensions Act, 1946 (No. 3 of 1946);<\/p>\n<p>\u201cthe Act of 1949\u201d means the Army Pensions Act, 1949 (No. 19 of 1949);<\/p>\n<p>\u201cthe Increase Act of 1949\u201d means the Army Pensions (Increase) Act, 1949 (No. 28 of 1949);<\/p>\n<p>\u201cthe Acts\u201d means the Army Pensions Acts, 1923 to 1949, but does not include this Act;<\/p>\n<p>\u201cthe April, 1922-September, 1924, period\u201d means the period which commenced on the 1st day of April, 1922, and ended on the 30th September, 1924;<\/p>\n<p>\u201cmilitary service\u201d 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;<\/p>\n<p>\u201cpre-truce military service\u201d 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;<\/p>\n<p>\u201cpost-truce military service\u201d 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.<\/p>\n<p>(2) This Act shall be construed as one with the Acts.<\/p>\n<p>(3) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.<\/p>\n<p>PART II.<\/p>\n<p>Allowances to Relatives of Deceased Persons with Pre-Truce Service.<\/p>\n<p>Application of this Part.<\/p>\n<p>3.\u2014(1) This Part applies in respect of\u2014<\/p>\n<p>(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;<\/p>\n<p>(b) every deceased person to whom section 14 of the Act of 1927 applies and who was engaged in pre-truce military service and\u2014<\/p>\n<p>(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<\/p>\n<p>(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<\/p>\n<p>(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;<\/p>\n<p>(c) every deceased person who was a member of an organisation to which Part II of the Act of 1932 applies and\u2014<\/p>\n<p>(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<\/p>\n<p>(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<\/p>\n<p>(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<\/p>\n<p>(iv) who was engaged in pre-truce military service and in post-truce military service, and<\/p>\n<p>(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<\/p>\n<p>(II) died from a wound attributable to military service in the said last-mentioned period but within four years after receiving such wound.<\/p>\n<p>(2) Notwithstanding subsection (1) of this section, this Part shall not apply in respect of a deceased person\u2014<\/p>\n<p>(a) in respect of whom section 3 of the Act of 1937 applies, or<\/p>\n<p>(b) whose death was due to any serious negligence or misconduct on his part.<\/p>\n<p>Grant of annual allowances to certain persons.<\/p>\n<p>4.\u2014(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\u2014<\/p>\n<p>(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 \u00a3250 during widowhood;<\/p>\n<p>(b) grant to such one parent of such deceased person, as the Minister may direct, an annual allowance of \u00a3180;<\/p>\n<p>(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 \u00a3125, while she remains unmarried or a widow (as the case may be) and provided such sister\u2014<\/p>\n<p>(i) was dependent on such deceased person at the date of his death, or<\/p>\n<p>(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;<\/p>\n<p>(d) grant to such one permanently invalided brother of such deceased person, as the Minister may direct, an annual allowance of \u00a3125, provided such brother\u2014<\/p>\n<p>(i) was dependent on such deceased person at the date of his death, or<\/p>\n<p>(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.<\/p>\n<p>(2) Only one allowance in respect of the same deceased person shall be payable at any one time under this Part.<\/p>\n<p>Direction as to relative to whom allowance is to be paid.<\/p>\n<p>5.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>Time limit for making applications under this Part.<\/p>\n<p>6.\u2014(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.<\/p>\n<p>(2) Every application shall be in such form and contain such particulars as the Minister may require.<\/p>\n<p>Commencement of allowances under this Part.<\/p>\n<p>7.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Provision against double allowance.<\/p>\n<p>8.\u2014(1) A person to whom an allowance is granted under this Part shall not be entitled to any other allowance under the Acts.<\/p>\n<p>(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.<\/p>\n<p>Reference of applications to Military Service Registration Board.<\/p>\n<p>9.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Reference of applications to Army Pensions Board.<\/p>\n<p>10.\u2014Whenever 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.<\/p>\n<p>Application of certain sections of Acts of 1923 and 1927.<\/p>\n<p>11.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>PART III.<\/p>\n<p>Increases of Pensions and Allowances under the Acts.<\/p>\n<p>Appropriate sum.<\/p>\n<p>12.\u2014(1) For the purposes of this Part, \u201cthe appropriate sum\u201d in relation to a pension means\u2014<\/p>\n<p>(a) where the amount of the pension does not exceed \u00a3100 a year, 50 per cent. of the amount of the pension,<\/p>\n<p>(b) where the amount of the pension exceeds \u00a3100 a year but does not exceed \u00a3125 a year, \u00a350 a year,<\/p>\n<p>(c) where the amount of the pension exceeds \u00a3125 a year but does not exceed \u00a3150 a year, 40 per cent. of the amount of the pension,<\/p>\n<p>(d) where the amount of the pension exceeds \u00a3150 a year but does not exceed \u00a3200 a year, \u00a360 a year,<\/p>\n<p>(e) where the amount of the pension exceeds \u00a3200 a year but does not exceed \u00a3346 3s. 1d. a year, 30 per cent. of the amount of the pension,<\/p>\n<p>(f) where the amount of the pension exceeds \u00a3346 3s. 1d. a year, sufficient to bring the amount of the pension to \u00a3450 a year.<\/p>\n<p>(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.<\/p>\n<p>(3) In this section \u201cpension\u201d does not include a further pension under section 2 or section 3 of the Act of 1923, or a married pension.<\/p>\n<p>Increase of allowance to each sister of a Signatory of the Proclamation published on Easter Monday, 1916.<\/p>\n<p>13.\u2014Subsection (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 \u201ctwo hundred and fifty pounds\u201d for \u201cone hundred pounds\u201d.<\/p>\n<p>Increase of wound pensions under section 1 of the Act of 1923.<\/p>\n<p>14.\u2014(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(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,<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Increase of wound pensions under section 3 of the Act of 1923.<\/p>\n<p>15.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>Increase of extra pensions under sections 2 and 3 of the Act of 1923.<\/p>\n<p>16.\u2014A further pension payable under section 2 or under section 3 of the Act of 1923 shall be increased by twenty-five per cent.<\/p>\n<p>Amendment of Second Schedule to the Act of 1923.<\/p>\n<p>17.\u2014In the Second Schedule to the Act of 1923 there shall be substituted\u2014<\/p>\n<p>(a) in paragraph 2 and in paragraph 3, \u201c\u00a336\u201d for \u201c\u00a324\u201d and \u201c\u00a360\u201d for \u201c\u00a340\u201d in both cases where those figures occur, and<\/p>\n<p>(b) in paragraph 5, \u201c\u00a31 10s.\u201d for \u201c\u00a31\u201d.<\/p>\n<p>Amendment of Third Schedule to the Act of 1923.<\/p>\n<p>18.\u2014In the Third Schedule to the Act of 1923 there shall be substituted\u2014<\/p>\n<p>(a) in paragraph 1, \u201c\u00a31 6s. 3d.\u201d for \u201c17s. 6d.\u201d, and<\/p>\n<p>(b) in paragraph 4, \u201c\u00a31 2s. 6d.\u201d for \u201c15s.\u201d.<\/p>\n<p>Increase of disability pensions under section 9 of the Act of 1927.<\/p>\n<p>19.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>Increase of disability pensions under section 10 of the Act of 1927.<\/p>\n<p>20.\u2014(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.<\/p>\n<p>(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 Increase Act of 1949 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.<\/p>\n<p>(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 any reference number shall be paid at the increased rate mentioned in column (3) of the said Second Schedule at that reference number.<\/p>\n<p>Increase of wound pensions under section 11 of the Act of 1927.<\/p>\n<p>21.\u2014(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 the said First Schedule at that reference number.<\/p>\n<p>(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 shall be payable at the increased rate mentioned in column (3) of the said Second Schedule at that reference number.<\/p>\n<p>Increase of certain wound pensions under section 12 of the Act of 1927.<\/p>\n<p>22.\u2014(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 September, 1946, shall be determined in accordance with the provisions set out in the Third Schedule to this Act.<\/p>\n<p>(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 Increase Act of 1949 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.<\/p>\n<p>(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 was at the date of his discharge from the forces 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 any reference number shall be paid at the increased rate mentioned in column (3) of the said Second Schedule at that reference number.<\/p>\n<p>(4) The First Schedule to the Act of 1949 is hereby amended by the substitution for Part II (which relates to 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:<\/p>\n<p>\u201cPART II.<\/p>\n<p>Wound Pensions\u2014Soldiers.<\/p>\n<p>Degree of Disablement<\/p>\n<p>Rate of Pension per week<\/p>\n<p>Per cent.<\/p>\n<p>\u00a3<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>100<\/p>\n<p>3<\/p>\n<p>1<\/p>\n<p>2<\/p>\n<p>90<\/p>\n<p>2<\/p>\n<p>16<\/p>\n<p>8<\/p>\n<p>80<\/p>\n<p>2<\/p>\n<p>10<\/p>\n<p>5<\/p>\n<p>70<\/p>\n<p>2<\/p>\n<p>4<\/p>\n<p>0<\/p>\n<p>60<\/p>\n<p>1<\/p>\n<p>17<\/p>\n<p>9<\/p>\n<p>50<\/p>\n<p>1<\/p>\n<p>11<\/p>\n<p>6<\/p>\n<p>40<\/p>\n<p>1<\/p>\n<p>5<\/p>\n<p>2<\/p>\n<p>30<\/p>\n<p>18<\/p>\n<p>11<\/p>\n<p>20<\/p>\n<p>12<\/p>\n<p>6<\/p>\n<p>\u201d<\/p>\n<p>Increase of disability pensions under section 13 of the Act of 1927.<\/p>\n<p>23.\u2014(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 the said First Schedule at that reference number.<\/p>\n<p>(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, shall be whichever of the following amounts is the lesser\u2014<\/p>\n<p>(a) the amount of such disability pension as would be payable if the Increase Act of 1949 had not been passed, increased by the appropriate sum,<\/p>\n<p>(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.<\/p>\n<p>(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 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.<\/p>\n<p>(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 Increase Act of 1949 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.<\/p>\n<p>Increase of married pensions under sections 9 to 13 of the Act of 1927 and section 5 of the Act of 1946.<\/p>\n<p>24.\u2014A married pension payable under section 9, section 10, section 11, section 12 or section 13 of the Act of 1927 or under section 5 of the Act of 1946 shall be increased by twenty-five per cent.<\/p>\n<p>Increase of certain allowance under subsection (2) of section 15 of the Act of 1927.<\/p>\n<p>25.\u2014The allowances payable under subsection (2) of section 15 of the Act of 1927 and mentioned at paragraphs 1 and 3 of Part I, and at paragraphs 1 and 3 of Part II, of the Seventh Schedule to the Act of 1927 (inserted therein by section 27 of this Act) to the dependants of an officer or soldier who\u2014<\/p>\n<p>(a) was killed while serving in the forces (whether before or after the passing of this Act) in the course of his duty as a member of the forces or in circumstances attributable to his service in the forces, or<\/p>\n<p>(b) receives (whether before or after the passing of this Act) while serving in the forces a wound attributable to his service in the forces and dies solely from such wound but within four years after receiving such wound,<\/p>\n<p>shall be increased by 50 per cent.<\/p>\n<p>Amendment of Sixth Schedule to the Act of 1927.<\/p>\n<p>26.\u2014In paragraph 1 of Part II of the Sixth Schedule to the Act of 1927, \u201c\u00a31 6s. 3d.\u201d shall be substituted for \u201c17s. 6d.\u201d.<\/p>\n<p>Amendment of Seventh Schedule to the Act of 1927.<\/p>\n<p>27.\u2014(1) The following Parts shall be substituted for Part I and Part II of the Seventh Schedule to the Act of 1927:<\/p>\n<p>\u201cAllowances to Dependants.<\/p>\n<p>PART I.<\/p>\n<p>Officers.<\/p>\n<p>1. Widow of second lieutenant, lieutenant or captain.<\/p>\n<p>\u00a390 per annum during widowhood.<\/p>\n<p>Widow of major, lieutenant-colonel or commandant.<\/p>\n<p>\u00a3135 per annum during widowhood.<\/p>\n<p>Widow of colonel or officer of higher rank.<\/p>\n<p>\u00a3170 per annum during widowhood.<\/p>\n<p>2. Widow of officer (any rank)<\/p>\n<p>\u00a3120 gratuity on first re-marriage.<\/p>\n<p>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.<\/p>\n<p>(a) while mother is living, \u00a327 per annum for each child.<\/p>\n<p>(b) after death of mother, \u00a350 per annum for each child.<\/p>\n<p>4. Children over the age of 11 and under the age of 18.<\/p>\n<p>Repayment of amount proved to have been in fact necessarily and properly expended in educational fees but not exceeding \u00a360 in any one calendar year in respect of any one child. This allowance is additional to the allowance stated at No. 3.<\/p>\n<p>PART II.<\/p>\n<p>Soldiers.<\/p>\n<p>1. Widow<\/p>\n<p>18\/9d. per week during widowhood.<\/p>\n<p>2. Widow<\/p>\n<p>Gratuity of \u00a350 on first re-marriage.<\/p>\n<p>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.<\/p>\n<p>(a) while mother is living, 7\/- per week for each child.<\/p>\n<p>(b) after death of mother, 14\/- per week for each child.<\/p>\n<p>4. Children over the age of 11 and under the age of 18.<\/p>\n<p>Repayment of amount proved to have been in fact necessarily and properly expended in educational fees but not exceeding \u00a360 in any one calendar year in respect of any one child. This allowance is additional to the allowance stated at No. 3.\u201d<\/p>\n<p>(2) Part III of the Seventh Schedule to the Act of 1927 (inserted by subsection (5) of section 5 of the Act of 1943) as amended by subsection (1) of section 10 of the Act of 1946, shall be construed as if there were substituted for the figure \u201c\u00a352\u201d in paragraph 6 the figure \u201c\u00a378\u201d.<\/p>\n<p>(3) Part IV of the Seventh Schedule to the Act of 1927 (inserted by subsection (5) of section 5 of the Act of 1943) as amended by subsection (1) of section 10 of the Act of 1946, shall be construed as if there were substituted for the figure \u201c\u00a326\u201d in paragraph 6 the figure \u201c\u00a339\u201d.<\/p>\n<p>Increase of wound, disability and married pensions under section 10 of the Act of 1932.<\/p>\n<p>28.\u2014(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 the said Schedule at that reference number.<\/p>\n<p>(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 the said Schedule at that reference number.<\/p>\n<p>Amendment of Second Schedule to the Act of 1932.<\/p>\n<p>29.\u2014(1) There shall be substituted in Part I of the Second Schedule to the Act of 1932\u2014<\/p>\n<p>(a) \u201c\u00a3101 5s. 0d.\u201d for \u201c\u00a367 10s.\u201d,<\/p>\n<p>(b) \u201c\u00a327\u201d for \u201c\u00a318\u201d in each case where the latter occurs,<\/p>\n<p>(c) \u201c\u00a345\u201d for \u201c\u00a330\u201d in each case where the latter occurs, and<\/p>\n<p>(d) \u201c\u00a352\u201d for \u201c\u00a326\u201d.<\/p>\n<p>(2) There shall be substituted in Part II of the Second Schedule to the Act of 1932 \u201c22s. 6d.\u201d for \u201c15s.\u201d.<\/p>\n<p>(3) Where, under subsection (1) of section 18 of the Act of 1937, Part I of the Second Schedule to the Act of 1932 is to be construed and have effect as if \u201c\u00a390\u201d were substituted for \u201c\u00a367 10s. 0d.\u201d, the said Part I shall be construed and have effect as if \u201c\u00a3135\u201d were substituted for \u201c\u00a390\u201d.<\/p>\n<p>Increase of pensions under section 26 of the Act of 1937.<\/p>\n<p>30.\u2014(1) Every final pension under section 26 of the Act of 1937 which is payable at the rate of seventeen shillings and three pence per week shall be payable at the rate of one pound two shillings and sixpence per week.<\/p>\n<p>(2) Every final pension under section 26 of the Act of 1937 which is payable at the rate of one pound and three shillings per week shall be payable at the rate of one pound and ten shillings per week.<\/p>\n<p>Increase of pensions under sections 28 and 29 of the Act of 1937.<\/p>\n<p>31.\u2014Section 28 and section 29 of the Act of 1937 shall have effect as if, for the Schedule to the Act of 1937, there were substituted the Sixth Schedule to this Act.<\/p>\n<p>Increase of dependants&#8217; allowances under section 37 of the Act of 1937.<\/p>\n<p>32.\u2014In subsection (2) and in paragraph (d) of subsection (3) of section 37 of the Act of 1937 there shall be substituted the words \u201csixty pounds\u201d for the words \u201cforty pounds\u201d.<\/p>\n<p>Increase of pensions under section 6 of the Act of 1941.<\/p>\n<p>33.\u2014(1) Every final pension under section 6 of the Act of 1941 which is payable at the rate of seventeen shillings and threepence per week shall be payable at the rate of one pound two shillings and sixpence per week.<\/p>\n<p>(2) Every final pension under section 6 of the Act of 1941 which is payable at the rate of one pound and three shillings per week shall be payable at the rate of one pound and ten shillings per week.<\/p>\n<p>Increase of pensions under section 4 of the Act of 1943.<\/p>\n<p>34.\u2014The following Schedule shall be substituted for the Schedule to section 4 of the Act of 1943:<\/p>\n<p>\u201cSCHEDULE.<\/p>\n<p>Degree of Disablement<\/p>\n<p>Scale of Pension<\/p>\n<p>\u00a3<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>100<\/p>\n<p>per<\/p>\n<p>cent.<\/p>\n<p>160<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>per<\/p>\n<p>annum<\/p>\n<p>90<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>148<\/p>\n<p>10<\/p>\n<p>0<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>80<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>132<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>70<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>115<\/p>\n<p>10<\/p>\n<p>0<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>60<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>99<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>50<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>82<\/p>\n<p>10<\/p>\n<p>0<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>40<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>66<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>30<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>49<\/p>\n<p>10<\/p>\n<p>0<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>20<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>33<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>Increase of pensions under section 6 of the Act of 1943.<\/p>\n<p>35.\u2014(1) Every final pension under section 6 of the Act of 1943 which is payable at the rate of seventeen shillings and three pence per week shall be payable at the rate of one pound two shillings and sixpence per week.<\/p>\n<p>(2) Every final pension under section 6 of the Act of 1943 which is payable at the rate of one pound and three shillings per week shall be payable at the rate of one pound and ten shillings per week.<\/p>\n<p>Increase of pensions under section 12 of the Act of 1946.<\/p>\n<p>36.\u2014Section 12 of the Act of 1946 shall have effect as if for the Second Schedule to that Act there were substituted the following\u2014<\/p>\n<p>\u201cSECOND SCHEDULE.<\/p>\n<p>Rates of Pensions under Section 12 of this Act.<\/p>\n<p>Degree of Disablement<\/p>\n<p>Pension<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>100<\/p>\n<p>per<\/p>\n<p>cent.<\/p>\n<p>\u00a3150<\/p>\n<p>per<\/p>\n<p>annum<\/p>\n<p>90<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u00a3135<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>80<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u00a3120<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>\u201d<\/p>\n<p>Restrictions on increase of pension.<\/p>\n<p>37.\u2014(1) In this section\u2014<\/p>\n<p>the expression \u201cdisablement pension\u201d 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;<\/p>\n<p>the expression \u201cDefence Forces pension\u201d 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.<\/p>\n<p>(2) The provisions of this Part shall not apply to any disablement pension which under the Acts is payable at the rate of \u00a3450 a year or any higher rate.<\/p>\n<p>(3) Where under any of the provisions of this Act a disablement pension would, but for this subsection, be increased to an amount exceeding \u00a3450 per annum, the disablement pension shall, subject to subsections (4) and (5) of this section, be increased to \u00a3450 per annum and no more.<\/p>\n<p>(4) Where\u2014<\/p>\n<p>(a) a person is in receipt of a disablement pension, and<\/p>\n<p>(b) such person is also in receipt of a Defence Forces pension, and<\/p>\n<p>(c) the aggregate amount of\u2014<\/p>\n<p>(i) the disablement pension, and<\/p>\n<p>(ii) the net amount of the Defence Forces pension is \u00a3450 per annum or more,<\/p>\n<p>then, no increase of the disablement pension shall be made under this Act.<\/p>\n<p>(5) Where\u2014<\/p>\n<p>(a) a person is in receipt of a disablement pension, and<\/p>\n<p>(b) such person is also in receipt of a Defence Forces pension, and<\/p>\n<p>(c) the aggregate amount of\u2014<\/p>\n<p>(i) the disablement pension, and<\/p>\n<p>(ii) the net amount of the Defence Forces pension is less than \u00a3450 per annum, and<\/p>\n<p>(d) the said aggregate amount would, if the disablement pension were increased under the provisions of this Act, exceed \u00a3450 per annum,<\/p>\n<p>then, the disablement pension shall be increased only by such amount under this Act as will bring the aggregate amount of the disablement pension and of the net amount of the Defence Forces pension up to \u00a3450 per annum.<\/p>\n<p>Commencement of this Part.<\/p>\n<p>38.\u2014This Part shall be deemed to have come into operation on the 1st day of January, 1953, and the increase in pensions (including further and married pensions) and allowances provided by this Part shall have effect from that date.<\/p>\n<p>PART IV.<\/p>\n<p>Amendment of the Acts in Relation to Married Pensions and Widows&#8217; Allowances.<\/p>\n<p>Amendment of the Acts in relation to married pensions.<\/p>\n<p>39.\u2014(1) In this section \u201cthe relevant provisions of the Acts\u201d means\u2014<\/p>\n<p>(a) subsection (2) of section 2 of the Act of 1923,<\/p>\n<p>(b) subsection (2) of section 9, subsection (2) of section 10, subsection (2) of section 11, subsection (2) of section 12 and subsection (2) of section 13 of the Act of 1927, and<\/p>\n<p>(c) subsection (3) of section 10 of the Act of 1932.<\/p>\n<p>(2) The relevant provisions of the Acts, as respects any person who was engaged in pre-truce military service and who is in receipt of a disability pension or a wound pension under the Acts, shall, with effect from the 1st day of January, 1953, be construed as if, in respect of a disease contracted during service which terminated before the 10th day of December, 1932, or a wound received before the 10th day of December, 1932, the sole condition necessary as to the marriage of that person for the grant of a further pension or a married pension to such person was that such marriage took place before the 10th day of December, 1932, and accordingly, the appropriate further pension or married pension shall, on application being made to the Minister, be payable under the Acts, from the 1st day of January, 1953, or from the date of the commencement of the disability pension or the wound pension, whichever is the later, to such person provided he was, on whichever of the said dates is applicable, a married man for the purposes of the Acts.<\/p>\n<p>(3) Every application for a pension under the relevant provisions of the Acts as amended by this Act shall be made not later than twelve months after the date of the passing of this Act and shall be in such form and contain such particulars as the Minister may require.<\/p>\n<p>(4) Nothing in this section shall be construed as authorising the payment of a further pension or a married pension to a person who was granted such pension in respect of a period before the 10th day of December, 1932, and whose wife died and who re-married before that date.<\/p>\n<p>Amendment of the Acts in relation to widows&#8217; allowances.<\/p>\n<p>40.\u2014(1) In this section \u201cthe relevant provisions of the Acts\u201d means\u2014<\/p>\n<p>(a) the following provisions of the Act of 1927, namely\u2014<\/p>\n<p>(i) paragraph (ii) of subsection (1) of section 14 (in so far as it applies to a person mentioned in paragraph (e) of that subsection) as amended by subsection (1) of section 25 of the Act of 1932,<\/p>\n<p>(ii) subsection (6) of section 14 (in so far as it relates to a person mentioned in paragraph (a), paragraph (b) or paragraph (c) of subsection (2) of that section),<\/p>\n<p>(iii) subsection (4) of section 15 (in so far as it relates to a person mentioned in paragraph (a), paragraph (b) or paragraph (c) of subsection (2) of that section);<\/p>\n<p>(b) section 12 of the Act of 1932, as amended by section 19 of the Act of 1937.<\/p>\n<p>(2) The relevant provisions of the Acts, as respects any deceased person who was engaged in pre-truce military service, and<\/p>\n<p>(a) who was a member of an organisation to which Part II of the Act of 1932 applied, or<\/p>\n<p>(b) who either died from a disease before the 10th day of December, 1932, while serving in the forces, or was discharged from the forces before the said date suffering from a disease, or<\/p>\n<p>(c) who, in the case of a person who was killed, was killed before the 10th day of December, 1932, or<\/p>\n<p>(d) who, in the case of a person who died as a result of a wound, received such wound before the 10th day of December, 1932,<\/p>\n<p>shall, with effect from the 1st day of January, 1953, be construed as if the sole condition necessary as to the marriage of that person, for the grant of a widow&#8217;s allowance and children&#8217;s allowances under the Acts to the widow and children of such person was that such marriage took place before the 10th day of December, 1932, and accordingly, the appropriate widow&#8217;s allowance and children&#8217;s allowances shall, on application being made to the Minister, be payable under the Acts, from the 1st day of January, 1953, to such widow (provided she had not remarried on or before the said 1st day of January, 1953) and children.<\/p>\n<p>(3) Where a person who was engaged in pre-truce military service died while in receipt of a wound pension or a disability pension and would have been entitled, immediately prior to the date of his death, to a further pension or a married pension if the sole condition for the grant of such further pension or married pension had been that the date of his marriage was before the 10th day of December, 1932, and provided the death of such person was due solely to the wound or disease in respect of which the wound pension or the disability pension (as the case may be) was granted the Minister, on application being made to him, may, with effect from the 1st day of January, 1953, grant to the widow (provided she had not remarried before the said 1st day of January, 1953), and children of such person the appropriate allowances under the Acts as amended by this Act.<\/p>\n<p>(4) (a) No application under the Acts as amended by this Act for a widow&#8217;s or child&#8217;s allowance in respect of a deceased person shall be entertained unless an application was previously duly made under the Acts for such allowance or for a widow&#8217;s gratuity in respect of that deceased person.<\/p>\n<p>(b) Notwithstanding paragraph (a) of this subsection, it shall be lawful for the widow and children of a deceased person who, at the date of his death, was in receipt of a disability pension or a wound pension to apply for and be granted a widow&#8217;s and child&#8217;s allowance under the Acts as amended by this Act.<\/p>\n<p>(c) Notwithstanding paragraph (a) of this subsection, it shall be lawful for a person who did not previously apply for a widow&#8217;s or child&#8217;s allowance or for a widow&#8217;s gratuity under the Acts in respect of the death of a person to whom subsection (2) of this section applies to apply for and be granted such allowance under the Acts as amended by this Act provided that, if such person had duly made an application for an allowance or gratuity under the Acts in respect of such deceased person, such application would have been refused solely on the ground that the applicant did not comply with the relevant provisions of the Acts.<\/p>\n<p>(5) (a) Where, before the passing of this Act, an application was duly made under the Acts for a widow&#8217;s or child&#8217;s allowance or for a gratuity in respect of a deceased person and such application was refused on grounds other than failure to comply with the relevant provisions of the Acts, no further application under the Acts as amended by this Act in respect of that deceased person shall be entertained.<\/p>\n<p>(b) It shall be lawful for a person who previously applied for a widow&#8217;s or child&#8217;s allowance or for a widow&#8217;s gratuity under the Acts and whose application was refused solely on the ground of failure to comply with the relevant provisions of the Acts, to apply for and be granted such allowance under the Acts as amended by this Act.<\/p>\n<p>(6) Nothing in this section shall be construed as authorising the grant of an allowance on account of the death of a person whose wife died before the 10th day of December, 1932, and who re-married before that date if, were it not for her death, his first wife would have qualified for an allowance under the Acts as amended by this Act.<\/p>\n<p>(7) Every application for an allowance under the relevant provisions of the Acts as amended by this Act shall be made not later than twelve months after the date of the passing of this Act and shall be in such form and contain such particulars as the Minister may require.<\/p>\n<p>PART V.<\/p>\n<p>Amendment of the Acts in Relation to Special Allowances.<\/p>\n<p>Amendment of section 7 of the Act of 1943.<\/p>\n<p>41.\u2014(1) Section 7 of the Act of 1943 is hereby amended by the substitution for subsection (1) of the following subsection:<\/p>\n<p>\u201c(1) (a) Subject to the provisions of this section the Minister may, with the consent of the Minister for Finance, grant an allowance (in this section referred to as a special allowance) to any qualified person in whose case the Minister and the Minister for Finance are satisfied that the statutory conditions are complied with.<\/p>\n<p>(b) The Minister for Finance may, from time to time and in respect of a specified period, give, subject to such conditions as he may from time to time decide, a general consent for the purpose of paragraph (a) of this subsection, and during any such specified period the requirement that the Minister for Finance be satisfied that the statutory conditions are complied with shall not apply.\u201d<\/p>\n<p>(2) The following subsection is hereby substituted for subsection (6) of section 7 of the Act of 1943\u2014<\/p>\n<p>\u201c(6) (a) Where an application for a special allowance has been refused or where a special allowance has terminated or has been terminated, no further application for such allowance or no application for a renewal of such allowance (as the case may be) shall be entertained within a period of twelve months from the date of the refusal or termination.<\/p>\n<p>(b) Notwithstanding paragraph (a) of this subsection the Minister may, in his absolute discretion, entertain a further application made within twelve months after the refusal or termination of a special allowance if the applicant produces evidence satisfactory to the Minister that he complies with the statutory conditions.\u201d<\/p>\n<p>(3) The definition of the expression \u201cqualified person\u201d 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 and by subsection (2) of section 9 of the Act of 1949, is hereby repealed, and for the purposes of the said section 7 of the Act of 1943 a qualified person means\u2014<\/p>\n<p>(a) a person who was a member of an organisation to which Part II of the Act of 1932 applies and who was granted\u2014<\/p>\n<p>(i) 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<\/p>\n<p>(ii) a wound or disability pension under the Acts in respect of a wound received or a disability contracted in the said period, or<\/p>\n<p>(iii) a medal in respect of service during any part of the week which commenced on the 23rd day of April, 1916, or<\/p>\n<p>(iv) a medal in respect of continuous membership during the period of three months which ended on the 11th day of July, 1921, if the Minister is satisfied that it was duly awarded on application made not later than twelve months after the date of the passing of this Act; or<\/p>\n<p>(b) a person who was granted a service, wound or disability pension under the Connaught Rangers (Pensions) Acts, 1936 to 1953.<\/p>\n<p>(4) Subsection (9) of section 7 of the Act of 1943 is hereby amended\u2014<\/p>\n<p>(a) by the substitution for the words \u201cthe expression \u2018the appropriate annual sum\u2019 means\u201d of the following\u2014<\/p>\n<p>\u201cthe expression \u2018the appropriate annual sum\u2019 means, in relation to a person whose age is seventy years or more\u201d;<\/p>\n<p>(b) by the insertion, immediately after the definition of the expression mentioned in paragraph (a) of this subsection of the following\u2014<\/p>\n<p>\u201cthe expression \u2018the appropriate annual sum\u2019 means, in respect of a person whose age is less than seventy years\u2014<\/p>\n<p>(a) in relation to a single man or woman, or a married man or woman married after the 30th day of September, 1942, or a widower or a widow married after the 30th day of September, 1942, or a widower or widow with no children, \u00a3104;<\/p>\n<p>(b) in relation to a married man or woman married before the 1st day of October, 1942, whose spouse is living but who has no children, \u00a3130;<\/p>\n<p>(c) in relation to a married man or woman married before the 1st day of October, 1942, whose spouse is living and who has children, the sum of the following amounts, namely, \u00a3130 and \u00a310 8s. in respect of each child;<\/p>\n<p>(d) in relation to a widower or widow married before the 1st day of October, 1942, who has children, the sum of the following amounts, namely, \u00a3104, and \u00a310 8s. in respect of each child.\u201d<\/p>\n<p>Review of special allowances.<\/p>\n<p>42.\u2014(1) An allowance under section 7 of the Act of 1943 (in this Act referred to as a special allowance) may be reviewed by the Minister at his discretion, either of his own volition or at the request of the person to whom such allowance was granted.<\/p>\n<p>(2) If it appears as the result of a review under subsection (1) of this section that a person is not eligible for a special allowance or for such allowance at the rate payable immediately before the date of review, the allowance shall (as the case may require) either be terminated or reduced to the appropriate rate as from the date of the Minister&#8217;s decision that such person is not eligible for a special allowance or for such allowance at the rate payable immediately before the date of review save that, where the death of a spouse or child is duly notified, the termination or reduction (as the case may be) shall have effect as from the date of such death.<\/p>\n<p>(3) If it appears as the result of a review under subsection (1) of this section that a person is eligible for an increased allowance, the allowance may be increased to the appropriate rate as from the date of the Minister&#8217;s decision that such person becomes eligible for the increased allowance.<\/p>\n<p>(4) 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&#8217;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 on which the Minister becomes satisfied that such person no longer fulfils the statutory condition relating to permanent infirmity.<\/p>\n<p>(5) Subsection (7) of section 7 of the Act of 1943 (inserted by subsection (1) of section 9 of the Act of 1949) is hereby repealed.<\/p>\n<p>Obligation to notify the Minister of certain occurrences.<\/p>\n<p>43.\u2014(1) On the occurrence, in the case of any person who is in receipt of a special allowance, of any improvement in such person&#8217;s means since such person&#8217;s means were last investigated on behalf of the Minister, and on the occurrence in the case of any such person who was married before the 1st day of October, 1942, of the death of such person&#8217;s spouse or child, then such person shall, within one month of the date of such occurrence, notify the Minister or cause the Minister to be notified thereof in writing.<\/p>\n<p>(2) Where a person fails to comply with subsection (1) of this section 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 a term not exceeding six months or to both such fine and imprisonment.<\/p>\n<p>(3) Section 14 of the Act of 1949 shall apply as if the reference in paragraph (b) of subsection (1) to a false statement were a reference to a failure to comply with subsection (1) of this section.<\/p>\n<p>(4) In this section \u201cchild\u201d has the same meaning as in section 7 of the Act of 1943.<\/p>\n<p>Gratuities to relatives of certain deceased persons.<\/p>\n<p>44.\u2014(1) Where a person who had been in receipt of a special allowance dies after the termination of the last award and before a new award had been made and where a new award would have been made but for the death of such person, then, notwithstanding subsection (1) of section 12 of the Act of 1949, the Minister may pay, in respect of such person, a gratuity equal to the amount of the special allowance which would, at such person&#8217;s death, have accrued due on foot of the new award.<\/p>\n<p>(2) Subsections (3) and (4) of section 12 of the Act of 1949 shall apply in respect of a gratuity payable under this section.<\/p>\n<p>(3) Subsections (1) and (2) of this section shall be deemed to have come into operation on, and shall have effect on and from, the 1st day of July, 1950.<\/p>\n<p>PART VI.<\/p>\n<p>Miscellaneous.<\/p>\n<p>Allowances to certain children of Signatories to the Proclamation published on Easter Monday, 1916.<\/p>\n<p>45.\u2014(1) There shall be paid out of moneys provided by the Oireachtas, on application being made to the Minister, an annual allowance of \u00a3125 to\u2014<\/p>\n<p>(a) each daughter of a Signatory to the Proclamation published on Easter Monday, 1916, and<\/p>\n<p>(b) each son of such Signatory, where the Minister is satisfied that such son is incapable of self-support by reason of age or permanent infirmity of body or mind.<\/p>\n<p>(2) Each allowance under subsection (1) of this section shall be payable monthly in arrear and shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>Amendment of section 9 of the Act of 1923.<\/p>\n<p>46.\u2014The Minister for Finance may from time to time and in respect of a specified period give, subject to such conditions as he may from time to time decide, and in respect of pensions, allowances and gratuities payable under any provision of the Acts or of this Act to which section 9 of the Act of 1923 applies, a general consent for the purpose of the said section 9.<\/p>\n<p>Amendment of section 10 of the Act of 1927.<\/p>\n<p>47.\u2014Subsection (2) of section 10 of the Act of 1927 shall, as respects an officer who is discharged from the forces on or after the 2nd day of April, 1950, have effect as if, for the words inserted therein by paragraph (b) of subsection (1) of section 3 of the Act of 1943, there were substituted the following\u2014<\/p>\n<p>\u201con the day preceding the date of his discharge, in the case of an officer, a married officer within the meaning of the Defence Force Regulations governing the pay of officers in force on the said day or in the case of a soldier, was, on the date of his discharge, in receipt of marriage allowance as a married soldier.\u201d<\/p>\n<p>Amendment of sections 10 and 12 of the Act of 1927.<\/p>\n<p>48.\u2014(1) Section 10 and section 12 of the Act of 1927 shall, in their application to an officer who is discharged from the forces on or after the date of the passing of this Act, have effect as if there were substituted for the Table contained in Part I of the Third Schedule to that Act the following Tables:<\/p>\n<p>\u201cOfficer 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.<\/p>\n<p>Degree of Disablement<\/p>\n<p>Scale of Pension<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>per cent.<\/p>\n<p>100<\/p>\n<p>48 per cent. of annual pay at the date of discharge.<\/p>\n<p>90<\/p>\n<p>43 per cent. of annual pay at the date of discharge.<\/p>\n<p>80<\/p>\n<p>39 per cent. of annual pay at the date of discharge.<\/p>\n<p>70<\/p>\n<p>34 per cent. of annual pay at the date of discharge.<\/p>\n<p>60<\/p>\n<p>29 per cent. of annual pay at the date of discharge.<\/p>\n<p>50<\/p>\n<p>24 per cent. of annual pay at the date of discharge.<\/p>\n<p>40<\/p>\n<p>19 per cent. of annual pay at the date of discharge.<\/p>\n<p>30<\/p>\n<p>14 per cent. of annual pay at the date of discharge.<\/p>\n<p>20<\/p>\n<p>10 per cent. of annual pay at the date of discharge.<\/p>\n<p>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.<\/p>\n<p>Degree of Disablement<\/p>\n<p>Scale of Pension<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>per cent.<\/p>\n<p>100<\/p>\n<p>55 per cent. of annual pay at the date of discharge.<\/p>\n<p>90<\/p>\n<p>50 per cent. of annual pay at the date of discharge.<\/p>\n<p>80<\/p>\n<p>44 per cent. of annual pay at the date of discharge.<\/p>\n<p>70<\/p>\n<p>39 per cent. of annual pay at the date of discharge.<\/p>\n<p>60<\/p>\n<p>33 per cent. of annual pay at the date of discharge.<\/p>\n<p>50<\/p>\n<p>28 per cent. of annual pay at the date of discharge.<\/p>\n<p>40<\/p>\n<p>22 per cent. of annual pay at the date of discharge.<\/p>\n<p>30<\/p>\n<p>17 per cent. of annual pay at the date of discharge.<\/p>\n<p>20<\/p>\n<p>11 per cent. of annual pay at the date of discharge.<\/p>\n<p>\u201d<\/p>\n<p>(2) Subsection (1) of section 6 and subsection (1) of section 8 of the Increase Act of 1949 shall not apply in respect of an officer to whom subsection (1) of this section applies.<\/p>\n<p>Finality of award under section 12 of the Act of 1927.<\/p>\n<p>49.\u2014(1) Where an award of a gratuity under section 12 of the Act of 1927 in respect of a wound is made or an award of a pension or gratuity under that section in respect of a wound is refused, such award or the refusal of such award (as the case may be) shall, save as is otherwise provided by this section, be final and incapable of reconsideration or review.<\/p>\n<p>(2) Any person to whom an award of a gratuity under section 12 of the Act of 1927 in respect of a wound is made on or after the date of the passing of this Act or any person to whom an award of a pension or gratuity under that section in respect of a wound is refused on or after the date of the passing of this Act solely on the ground that such person is not suffering from any disablement may, within five years from the date of such award or the refusal of such award (as the case may be), apply to the Minister to have the amount of such award or the refusal of such award (as the case may be) re-considered and thereupon the Minister, if he thinks proper so to do, may refer the matter to the Army Pensions Board for re-consideration and may, on the report of the Army Pensions Board, grant to such person such pension or gratuity (if any) as could have been granted if such report had been made when the case was first investigated under the said section 12, subject to the limitation that any pension so granted shall not commence on a date earlier than the date which is found by the Army Pensions Board to be the date on which the disablement in respect of which such pension is granted first attained to twenty per cent.<\/p>\n<p>(3) Any person to whom an award of a gratuity under section 12 of the Act of 1927 in respect of a wound received on or after the 3rd day of September, 1939, was made before the date of the passing of this Act or any person to whom an award of a pension or gratuity under that section in respect of a wound received on or after the 3rd day of September, 1939, was refused before the date of the passing of this Act solely on the ground that such person was not suffering from any disablement may, within twelve months after the date of the passing of this Act, apply to the Minister to have the amount of such award or the refusal of such award (as the case may be) reconsidered and thereupon the Minister, if he thinks proper so to do, may refer the matter to the Army Pensions Board and may, on the report of the Army Pensions Board, grant to such person such pension or gratuity (if any) as could have been granted if such report had been made when the case was first investigated under the said section 12 subject to the limitation that any pension so granted shall commence on such date (not being earlier than the date of the passing of this Act or the date on which the disability is found by the Army Pensions Board to have reached twenty per cent. whichever is the later) as the Minister may determine.<\/p>\n<p>Time limit for making certain applications under sections 14 and 15 of the Act of 1927.<\/p>\n<p>50.\u2014Notwithstanding anything contained in the Acts, every application for an allowance or a gratuity under subsection (2) of section 14 of the Act of 1927 in respect of a person who died solely from disease attributable to service in the forces during the emergency period, and every application for an allowance or a gratuity under subsection (2) of section 15 of the said Act in respect of a person who died as a result of a wound received on or after the 3rd day of September, 1939, shall be made\u2014<\/p>\n<p>(a) in case the person in respect of whom the gratuity or allowance is claimed died before the date of the passing of this Act, not later than twelve months after the date of such passing;<\/p>\n<p>(b) in case such person died on or after the date of the passing of this Act, not later than twelve months after the date of such person&#8217;s death.<\/p>\n<p>Amendment of section 20 of the Act of 1932.<\/p>\n<p>51.\u2014Subsection (3) of section 20 of the Act of 1932 is hereby amended by the deletion of \u201c(except subsection (4) thereof)\u201d.<\/p>\n<p>Power to grant further allowances under Part VII of the Act of 1937.<\/p>\n<p>52.\u2014(1) Where a person dies while in receipt of an allowance under Part VII of the Act of 1937, it shall be lawful for another dependent relative of the deceased person in respect of whom the allowance was payable to apply for and be granted an allowance under the said Part VII, provided the Minister and the Minister for Finance are satisfied that the statutory conditions for the grant of an allowance under the said Part VII are complied with.<\/p>\n<p>(2) Every application for an allowance under Part VII of the Act of 1937, as amended by this section, shall be in such form and contain such particulars as the Minister may require, and shall be made\u2014<\/p>\n<p>(a) if the person who died while in receipt of an allowance died before the date of the passing of this Act, not later than twelve months after that date, and<\/p>\n<p>(b) if such person died on or after the date of the passing of this Act, within twelve months after the date of the death of such person.<\/p>\n<p>(3) Every allowance granted under Part VII of the Act of 1937 as amended by this section shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>Right of certain persons to re-apply under Part VII of the Act of 1937.<\/p>\n<p>53.\u2014(1) Notwithstanding subsection (2) of section 10 of the Act of 1941 it shall be lawful for the Minister, on application being made to him, to grant, to any person whose application for a dependant&#8217;s allowance under Part VII of the Act of 1937 was refused solely on the ground that the applicant did not comply with the statutory condition regarding means, an allowance under the said Part VII provided the Minister and the Minister for Finance are satisfied that the statutory conditions for the grant of an allowance under the said Part VII are complied with.<\/p>\n<p>(2) Every application for an allowance under Part VII of the Act of 1937 as amended by this Act shall be in such form and contain such particulars as the Minister may require and shall be made not later than twelve months after the date of the passing of this Act.<\/p>\n<p>(3) Every allowance granted under Part VII of the Act of 1937 as amended by this Act shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>Amendment of section 40 of the Act of 1937.<\/p>\n<p>54.\u2014The reference in subsection (2) of section 40 of the Act of 1937 to fifteen shillings a week shall be construed as a reference to sixty pounds per annum.<\/p>\n<p>Amendment of section 5 of the Act of 1946.<\/p>\n<p>55.\u2014Subsection (3) of section 5 of the Act of 1946 shall, as respects an officer who is discharged from the forces on or after the 2nd day of April, 1950, have effect as if, in paragraph (c), for the words \u201cat the date of his discharge, in the case of an officer, either in occupation of married quarters or in receipt of lodging, fuel and light allowance as a married officer, or in the case of a soldier, in receipt of marriage allowance as a married soldier, or\u201d the following were substituted:<\/p>\n<p>\u201con the day preceding the date of his discharge, in the case of an officer, a married officer within the meaning of the Defence Force Regulations governing the pay of officers in force on the said day or in the case of a soldier, was on the date of his discharge in receipt of marriage allowance as a married soldier, or\u201d.<\/p>\n<p>Restriction of section 6 of the Act of 1946.<\/p>\n<p>56.\u2014Section 6 of the Act of 1946 shall not apply in relation to an officer who is discharged from the forces on or after the 2nd day of April, 1950.<\/p>\n<p>Declaration as to pension under section 12 of the Act of 1946.<\/p>\n<p>57.\u2014For the removal of doubt it is hereby declared that a pension granted under section 12 of the Act of 1946 shall be deemed for the purposes of sub-section (3) of section 47 of the Act of 1937, to be a pension under the Acts.<\/p>\n<p>Validation of pension.<\/p>\n<p>58.\u2014In the case of a person who was, on the 27th day of January, 1943, granted, under section 10 of the Act of 1932, a gratuity in respect of a wound, and who applied to the Minister on the 10th day of March, 1948, to have the amount of the award reconsidered, the following provisions shall have effect:<\/p>\n<p>(a) notwithstanding subsection (2) of section 18 of the Act of 1932, the pension granted to that person under the said section 10 shall be deemed to have been a valid grant of pension;<\/p>\n<p>(b) where, after the passing of this Act, a pension under the said section 10 is payable to that person, such pension shall be payable from such date as the Minister may determine but such date shall not be earlier than the date of the passing of this Act.<\/p>\n<p>FIRST SCHEDULE.<\/p>\n<p>Sections 14 (1); 15 (1); 19 (1); 21 (1); 23 (1).<\/p>\n<p>Increased rates of\u2014<\/p>\n<p>(a) wound pensions granted under section 1 of the Act of 1923 to officers discharged before the 1st day of October, 1924,<\/p>\n<p>(b) wound pensions granted under section 3 of the Act of 1923 to persons ranking as officers,<\/p>\n<p>(c) disability pensions granted under section 9 of the Act of 1927 to officers,<\/p>\n<p>(d) wound pensions granted under section 11 of the Act of 1927 to officers,<\/p>\n<p>(e) disability pensions granted under section 13 of the Act of 1927 to officers discharged before the 1st day of October, 1924,<\/p>\n<p>(f) disability pensions granted under section 13 of the Act of 1927 to persons ranking as officers.<\/p>\n<p>Ref. No.<\/p>\n<p>Existing rate of pension per annum<\/p>\n<p>Increased rate of pension per annum<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>1<\/p>\n<p>\u00a3240<\/p>\n<p>\u00a3260<\/p>\n<p>2<\/p>\n<p>\u00a3228<\/p>\n<p>\u00a3250<\/p>\n<p>3<\/p>\n<p>\u00a3216<\/p>\n<p>\u00a3240<\/p>\n<p>4<\/p>\n<p>\u00a3204<\/p>\n<p>\u00a3230<\/p>\n<p>5<\/p>\n<p>\u00a3192<\/p>\n<p>\u00a3220<\/p>\n<p>6<\/p>\n<p>\u00a3172<\/p>\n<p>10s.<\/p>\n<p>\u00a3210<\/p>\n<p>7<\/p>\n<p>\u00a3161<\/p>\n<p>\u00a3196<\/p>\n<p>8<\/p>\n<p>\u00a3149<\/p>\n<p>10s.<\/p>\n<p>\u00a3182<\/p>\n<p>9<\/p>\n<p>\u00a3138<\/p>\n<p>\u00a3170<\/p>\n<p>10<\/p>\n<p>\u00a3126<\/p>\n<p>10s.<\/p>\n<p>\u00a3160<\/p>\n<p>11<\/p>\n<p>\u00a3115<\/p>\n<p>\u00a3150<\/p>\n<p>12<\/p>\n<p>\u00a399<\/p>\n<p>\u00a3135<\/p>\n<p>13<\/p>\n<p>\u00a388<\/p>\n<p>\u00a3120<\/p>\n<p>14<\/p>\n<p>\u00a377<\/p>\n<p>\u00a3105<\/p>\n<p>15<\/p>\n<p>\u00a366<\/p>\n<p>\u00a390<\/p>\n<p>16<\/p>\n<p>\u00a355<\/p>\n<p>\u00a375<\/p>\n<p>17<\/p>\n<p>\u00a344<\/p>\n<p>\u00a360<\/p>\n<p>SECOND SCHEDULE.<\/p>\n<p>Sections 14 (3); 15 (2); 19 (2); 20 (3); 21 (2); 22 (3); 23 (3).<\/p>\n<p>Increased rates of\u2014<\/p>\n<p>(a) wound pensions granted under section 1 of the Act of 1923 to soldiers,<\/p>\n<p>(b) wound pensions granted under section 3 of the Act of 1923 to persons ranking as soldiers,<\/p>\n<p>(c) disability pensions granted under section 9 of the Act of 1927 to soldiers,<\/p>\n<p>(d) disability pensions granted under section 10 of the Act of 1927 to soldiers in respect of disablement caused by disease attributable to service in the forces during the emergency period,<\/p>\n<p>(e) wound pensions granted under section 11 of the Act of 1927 to soldiers,<\/p>\n<p>(f) wound pensions granted under section 12 of the Act of 1927, to soldiers discharged from the forces before the 30th day of July, 1949, in respect of disablement caused by a wound attributable to service in the forces during the emergency period,<\/p>\n<p>(g) disability pensions granted under section 13 of the Act of 1927 to soldiers discharged before the 1st day of October, 1924,<\/p>\n<p>(h) disability pensions granted under section 13 of the Act of 1927 to persons ranking as soldiers.<\/p>\n<p>Ref. No.<\/p>\n<p>Existing rate of pension per week<\/p>\n<p>Increased rate of pension per week<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>\u00a3<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>\u00a3<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>1<\/p>\n<p>2<\/p>\n<p>10<\/p>\n<p>0<\/p>\n<p>3<\/p>\n<p>1<\/p>\n<p>2<\/p>\n<p>2<\/p>\n<p>2<\/p>\n<p>7<\/p>\n<p>6<\/p>\n<p>2<\/p>\n<p>19<\/p>\n<p>0<\/p>\n<p>3<\/p>\n<p>2<\/p>\n<p>5<\/p>\n<p>0<\/p>\n<p>2<\/p>\n<p>16<\/p>\n<p>8<\/p>\n<p>4<\/p>\n<p>2<\/p>\n<p>2<\/p>\n<p>6<\/p>\n<p>2<\/p>\n<p>13<\/p>\n<p>6<\/p>\n<p>5<\/p>\n<p>2<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>2<\/p>\n<p>10<\/p>\n<p>5<\/p>\n<p>6<\/p>\n<p>1<\/p>\n<p>16<\/p>\n<p>2<\/p>\n<p>2<\/p>\n<p>7<\/p>\n<p>3<\/p>\n<p>7<\/p>\n<p>1<\/p>\n<p>13<\/p>\n<p>8<\/p>\n<p>2<\/p>\n<p>4<\/p>\n<p>0<\/p>\n<p>8<\/p>\n<p>1<\/p>\n<p>11<\/p>\n<p>4<\/p>\n<p>2<\/p>\n<p>0<\/p>\n<p>11<\/p>\n<p>9<\/p>\n<p>1<\/p>\n<p>9<\/p>\n<p>0<\/p>\n<p>1<\/p>\n<p>17<\/p>\n<p>9<\/p>\n<p>10<\/p>\n<p>1<\/p>\n<p>6<\/p>\n<p>6<\/p>\n<p>1<\/p>\n<p>14<\/p>\n<p>8<\/p>\n<p>11<\/p>\n<p>1<\/p>\n<p>4<\/p>\n<p>0<\/p>\n<p>1<\/p>\n<p>11<\/p>\n<p>6<\/p>\n<p>12<\/p>\n<p>1<\/p>\n<p>0<\/p>\n<p>8<\/p>\n<p>1<\/p>\n<p>8<\/p>\n<p>3<\/p>\n<p>13<\/p>\n<p>18<\/p>\n<p>5<\/p>\n<p>1<\/p>\n<p>5<\/p>\n<p>2<\/p>\n<p>14<\/p>\n<p>16<\/p>\n<p>0<\/p>\n<p>1<\/p>\n<p>2<\/p>\n<p>0<\/p>\n<p>15<\/p>\n<p>13<\/p>\n<p>10<\/p>\n<p>18<\/p>\n<p>11<\/p>\n<p>16<\/p>\n<p>11<\/p>\n<p>6<\/p>\n<p>15<\/p>\n<p>9<\/p>\n<p>17<\/p>\n<p>9<\/p>\n<p>2<\/p>\n<p>12<\/p>\n<p>6<\/p>\n<p>THIRD SCHEDULE.<\/p>\n<p>Increased Rates of Pensions granted to Officers under sections 10 and 12 of the Act of 1927.<\/p>\n<p>Sections 20 (1); 22 (1).<\/p>\n<p>1. (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 September, 1946, and at the date of his discharge suffering from a disablement caused by disease attributable to service in the forces during the April, 1922-September, 1924, period shall be whichever of the following amounts is the lesser\u2014<\/p>\n<p>(a) the amount of such disability pension which would be payable if the Increase Act of 1949 had not been passed, increased by the appropriate sum;<\/p>\n<p>(b) the amount which would be payable under the Acts if the Increase Act of 1949 had not been passed and 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.<\/p>\n<p>(2) 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 September, 1946, and at the date of his discharge suffering from a disablement caused by disease attributable to service in the forces during the emergency period shall be whichever of the following amounts is the lesser\u2014<\/p>\n<p>(a) the amount of such disability pension which would be payable if the Increase Act of 1949 had not been passed, increased by the appropriate sum;<\/p>\n<p>(b) the amount which would be payable under the Acts if\u2014<\/p>\n<p>(i) the officer had been discharged from the forces on the 2nd day of September, 1946, and<\/p>\n<p>(ii) his rank and service in that rank on that date were the same as those on the date of his actual discharge, and<\/p>\n<p>(iii) the scale of pension applicable were that set out in the Table to this Schedule.<\/p>\n<p>(3) 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 on or after the 2nd day of September, 1946, and before the 2nd day of April, 1950, shall be the amount which would be payable if the scale of pension applicable were that set out in the Table to this Schedule.<\/p>\n<p>2. 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 September, 1946, shall be whichever of the following amounts is the lesser\u2014<\/p>\n<p>(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;<\/p>\n<p>(b) the amount which would be payable if\u2014<\/p>\n<p>(i) the officer had been discharged from the forces on the 2nd day of September, 1946, and<\/p>\n<p>(ii) his rank and service in that rank on that date were the same as those on the date of his actual discharge, and<\/p>\n<p>(iii) the scale of pension applicable were that set out in the Table to this Schedule.<\/p>\n<p>TABLE TO THIRD SCHEDULE.<\/p>\n<p>Degree of Disablement<\/p>\n<p>Scale of Pension<\/p>\n<p>100<\/p>\n<p>60% of annual pay at the date of discharge, or the sum of \u00a3170 per annum, whichever is the greater.<\/p>\n<p>90<\/p>\n<p>54% of annual pay at the date of discharge, or the sum of \u00a3158 per annum, whichever is the greater.<\/p>\n<p>80<\/p>\n<p>48% of annual pay at the date of discharge, or the sum of \u00a3144 per annum, whichever is the greater.<\/p>\n<p>70<\/p>\n<p>42% of annual pay at the date of discharge, or the sum of \u00a3126 per annum, whichever is the greater.<\/p>\n<p>60<\/p>\n<p>36% of annual pay at the date of discharge, or the sum of \u00a3108 per annum whichever is the greater.<\/p>\n<p>50<\/p>\n<p>30% of annual pay at the date of discharge, or the sum of \u00a390 per annum whichever is the greater.<\/p>\n<p>40<\/p>\n<p>24% of annual pay at the date of discharge, or the sum of \u00a372 per annum, whichever is the greater.<\/p>\n<p>30<\/p>\n<p>18% of annual pay at the date of discharge, or the sum of \u00a354 per annum, whichever is the greater.<\/p>\n<p>20<\/p>\n<p>12% of annual pay at the date of discharge, or the sum of \u00a336 per annum, whichever is the greater.<\/p>\n<p>FOURTH SCHEDULE.<\/p>\n<p>Sections 20 (2); 22 (2); 23 (4).<\/p>\n<p>Revised scale of pensions granted\u2014<\/p>\n<p>(a) under section 10 of the Act of 1927 to soldiers suffering from disablement caused by disease attributable to service during the April, 1922-September, 1924, period,<\/p>\n<p>(b) under section 12 of the Act of 1927 to soldiers discharged before the 30th day of July, 1949, suffering from disablement caused by wound attributable to service (other than service during the emergency period),<\/p>\n<p>(c) under section 13 of the Act of 1927 to soldiers discharged on or after the 1st day of October, 1924.<\/p>\n<p>FOURTH SCHEDULE.<\/p>\n<p>Rates of Pension per week according to degree of Disablement<\/p>\n<p>Rank at Discharge from Forces<\/p>\n<p>Group<\/p>\n<p>100%<\/p>\n<p>95%<\/p>\n<p>90%<\/p>\n<p>85%<\/p>\n<p>80%<\/p>\n<p>75%<\/p>\n<p>70%<\/p>\n<p>65%<\/p>\n<p>60%<\/p>\n<p>55%<\/p>\n<p>50%<\/p>\n<p>45%<\/p>\n<p>40%<\/p>\n<p>35%<\/p>\n<p>30%<\/p>\n<p>25%<\/p>\n<p>20%<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>Private<\/p>\n<p>I<\/p>\n<p>39<\/p>\n<p>0<\/p>\n<p>37<\/p>\n<p>1<\/p>\n<p>35<\/p>\n<p>2<\/p>\n<p>33<\/p>\n<p>2<\/p>\n<p>31<\/p>\n<p>3<\/p>\n<p>29<\/p>\n<p>3<\/p>\n<p>27<\/p>\n<p>3<\/p>\n<p>25<\/p>\n<p>4<\/p>\n<p>23<\/p>\n<p>5<\/p>\n<p>21<\/p>\n<p>5<\/p>\n<p>19<\/p>\n<p>6<\/p>\n<p>17<\/p>\n<p>7<\/p>\n<p>15<\/p>\n<p>8<\/p>\n<p>13<\/p>\n<p>8<\/p>\n<p>11<\/p>\n<p>9<\/p>\n<p>9<\/p>\n<p>9<\/p>\n<p>7<\/p>\n<p>9<\/p>\n<p>Corporal<\/p>\n<p>II<\/p>\n<p>45<\/p>\n<p>0<\/p>\n<p>42<\/p>\n<p>9<\/p>\n<p>40<\/p>\n<p>6<\/p>\n<p>38<\/p>\n<p>3<\/p>\n<p>36<\/p>\n<p>0<\/p>\n<p>33<\/p>\n<p>9<\/p>\n<p>31<\/p>\n<p>6<\/p>\n<p>29<\/p>\n<p>3<\/p>\n<p>27<\/p>\n<p>0<\/p>\n<p>24<\/p>\n<p>9<\/p>\n<p>22<\/p>\n<p>6<\/p>\n<p>20<\/p>\n<p>3<\/p>\n<p>18<\/p>\n<p>0<\/p>\n<p>15<\/p>\n<p>9<\/p>\n<p>13<\/p>\n<p>6<\/p>\n<p>11<\/p>\n<p>3<\/p>\n<p>9<\/p>\n<p>0<\/p>\n<p>Sergeant Co. Q.M. Sergeant<\/p>\n<p>}<\/p>\n<p>III<\/p>\n<p>51<\/p>\n<p>0<\/p>\n<p>48<\/p>\n<p>5<\/p>\n<p>45<\/p>\n<p>11<\/p>\n<p>43<\/p>\n<p>4<\/p>\n<p>40<\/p>\n<p>9<\/p>\n<p>38<\/p>\n<p>3<\/p>\n<p>35<\/p>\n<p>9<\/p>\n<p>33<\/p>\n<p>2<\/p>\n<p>30<\/p>\n<p>8<\/p>\n<p>28<\/p>\n<p>1<\/p>\n<p>25<\/p>\n<p>6<\/p>\n<p>22<\/p>\n<p>11<\/p>\n<p>20<\/p>\n<p>5<\/p>\n<p>17<\/p>\n<p>10<\/p>\n<p>15<\/p>\n<p>3<\/p>\n<p>12<\/p>\n<p>9<\/p>\n<p>10<\/p>\n<p>3<\/p>\n<p>Co. Sergeant Batt. Q.M.S.<\/p>\n<p>}<\/p>\n<p>IV<\/p>\n<p>57<\/p>\n<p>0<\/p>\n<p>54<\/p>\n<p>2<\/p>\n<p>51<\/p>\n<p>3<\/p>\n<p>48<\/p>\n<p>5<\/p>\n<p>45<\/p>\n<p>8<\/p>\n<p>42<\/p>\n<p>9<\/p>\n<p>39<\/p>\n<p>11<\/p>\n<p>37<\/p>\n<p>1<\/p>\n<p>34<\/p>\n<p>3<\/p>\n<p>31<\/p>\n<p>5<\/p>\n<p>28<\/p>\n<p>6<\/p>\n<p>25<\/p>\n<p>8<\/p>\n<p>22<\/p>\n<p>9<\/p>\n<p>19<\/p>\n<p>11<\/p>\n<p>17<\/p>\n<p>2<\/p>\n<p>14<\/p>\n<p>3<\/p>\n<p>11<\/p>\n<p>5<\/p>\n<p>Sergeant Major<\/p>\n<p>V<\/p>\n<p>61<\/p>\n<p>2<\/p>\n<p>59<\/p>\n<p>0<\/p>\n<p>56<\/p>\n<p>8<\/p>\n<p>53<\/p>\n<p>6<\/p>\n<p>50<\/p>\n<p>5<\/p>\n<p>47<\/p>\n<p>2<\/p>\n<p>44<\/p>\n<p>0<\/p>\n<p>40<\/p>\n<p>11<\/p>\n<p>37<\/p>\n<p>9<\/p>\n<p>34<\/p>\n<p>8<\/p>\n<p>31<\/p>\n<p>6<\/p>\n<p>28<\/p>\n<p>4<\/p>\n<p>25<\/p>\n<p>2<\/p>\n<p>22<\/p>\n<p>0<\/p>\n<p>18<\/p>\n<p>11<\/p>\n<p>15<\/p>\n<p>8<\/p>\n<p>12<\/p>\n<p>6<\/p>\n<p>FIFTH SCHEDULE.<\/p>\n<p>Increase of Wound and Disability Pensions Granted under section 10 of the Act of 1932.<\/p>\n<p>Section 28 .<\/p>\n<p>Ref. No.<\/p>\n<p>Existing Rate of Pension per Annum<\/p>\n<p>Existing Rate of Married Pension per Week<\/p>\n<p>Increased Rate of Pension per Annum<\/p>\n<p>Increased Rate of Married Pension per Week<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>(4)<\/p>\n<p>(5)<\/p>\n<p>1.<\/p>\n<p>\u00a3180<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>11\/3d.<\/p>\n<p>\u00a3210<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>14\/1d.<\/p>\n<p>2.<\/p>\n<p>\u00a3171<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>10\/7d.<\/p>\n<p>\u00a3199<\/p>\n<p>10<\/p>\n<p>0<\/p>\n<p>13\/3d.<\/p>\n<p>3.<\/p>\n<p>\u00a3162<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>10\/-<\/p>\n<p>\u00a3189<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>12\/6d.<\/p>\n<p>4.<\/p>\n<p>\u00a3153<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>9\/6d.<\/p>\n<p>\u00a3178<\/p>\n<p>10<\/p>\n<p>0<\/p>\n<p>11\/11d.<\/p>\n<p>5.<\/p>\n<p>\u00a3144<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>9\/0d.<\/p>\n<p>\u00a3170<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>11\/3d.<\/p>\n<p>6.<\/p>\n<p>\u00a3129<\/p>\n<p>7<\/p>\n<p>6<\/p>\n<p>8\/4d.<\/p>\n<p>\u00a3162<\/p>\n<p>10<\/p>\n<p>0<\/p>\n<p>10\/5d.<\/p>\n<p>7.<\/p>\n<p>\u00a3120<\/p>\n<p>15<\/p>\n<p>0<\/p>\n<p>7\/9d.<\/p>\n<p>\u00a3155<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>9\/8d.<\/p>\n<p>8.<\/p>\n<p>\u00a3112<\/p>\n<p>2<\/p>\n<p>6<\/p>\n<p>7\/3d.<\/p>\n<p>\u00a3146<\/p>\n<p>5<\/p>\n<p>0<\/p>\n<p>9\/1d.<\/p>\n<p>9.<\/p>\n<p>\u00a3103<\/p>\n<p>10<\/p>\n<p>0<\/p>\n<p>6\/9d.<\/p>\n<p>\u00a3135<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>8\/5d.<\/p>\n<p>10.<\/p>\n<p>\u00a394<\/p>\n<p>17<\/p>\n<p>6<\/p>\n<p>6\/1d.<\/p>\n<p>\u00a3123<\/p>\n<p>15<\/p>\n<p>0<\/p>\n<p>7\/7d.<\/p>\n<p>11.<\/p>\n<p>\u00a386<\/p>\n<p>5<\/p>\n<p>0<\/p>\n<p>5\/6d.<\/p>\n<p>\u00a3112<\/p>\n<p>10<\/p>\n<p>0<\/p>\n<p>6\/11d.<\/p>\n<p>12.<\/p>\n<p>\u00a374<\/p>\n<p>5<\/p>\n<p>0<\/p>\n<p>5\/-<\/p>\n<p>\u00a3101<\/p>\n<p>5<\/p>\n<p>0<\/p>\n<p>6\/3d.<\/p>\n<p>13.<\/p>\n<p>\u00a366<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>4\/6d.<\/p>\n<p>\u00a390<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>5\/8d.<\/p>\n<p>14.<\/p>\n<p>\u00a357<\/p>\n<p>15<\/p>\n<p>0<\/p>\n<p>3\/10d.<\/p>\n<p>\u00a378<\/p>\n<p>15<\/p>\n<p>0<\/p>\n<p>4\/10d.<\/p>\n<p>15.<\/p>\n<p>\u00a349<\/p>\n<p>10<\/p>\n<p>0<\/p>\n<p>3\/3d.<\/p>\n<p>\u00a367<\/p>\n<p>10<\/p>\n<p>0<\/p>\n<p>4\/1d.<\/p>\n<p>16.<\/p>\n<p>\u00a341<\/p>\n<p>5<\/p>\n<p>0<\/p>\n<p>2\/9d.<\/p>\n<p>\u00a356<\/p>\n<p>5<\/p>\n<p>0<\/p>\n<p>3\/5d.<\/p>\n<p>17.<\/p>\n<p>\u00a333<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>2\/3d.<\/p>\n<p>\u00a345<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>2\/10d.<\/p>\n<p>SIXTH SCHEDULE.<\/p>\n<p>Revised Rates of Pensions under Part VI of the Act of 1937.<\/p>\n<p>Section 31 .<\/p>\n<p>Degree of Disablement<\/p>\n<p>Pension<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>per cent.<\/p>\n<p>per annum<\/p>\n<p>100<\/p>\n<p>\u00a3150<\/p>\n<p>90<\/p>\n<p>\u00a3135<\/p>\n<p>80<\/p>\n<p>\u00a3120<\/p>\n<p>70<\/p>\n<p>\u00a3105<\/p>\n<p>60<\/p>\n<p>\u00a390<\/p>\n<p>50<\/p>\n<p>\u00a375<\/p>\n<p>40<\/p>\n<p>\u00a360<\/p>\n<p>30<\/p>\n<p>\u00a345<\/p>\n<p>20<\/p>\n<p>\u00a330<\/p>\n<h2>ARMY PENSIONS (No. 2) ACT, 1960.<\/h2>\n<p>AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1960. [21st December, 1960.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:\u2014<\/p>\n<p>Interpretation.<\/p>\n<p>1.\u2014(1) In this Act<\/p>\n<p>\u201cthe Act of 1923\u201d means the Army Pensions Act, 1923 ;<\/p>\n<p>\u201cthe Act of 1927\u201d means the Army Pensions Act, 1927 ;<\/p>\n<p>\u201cthe Act of 1943\u201d means the Army Pensions Act, 1943 ;<\/p>\n<p>\u201cthe Acts\u201d means the Army Pensions Acts, 1923 to 1960, but does not include this Act.<\/p>\n<p>(2) This Act shall be construed as one with the Acts.<\/p>\n<p>(3) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.<\/p>\n<p>United Nations Force.<\/p>\n<p>2.\u2014The expression \u201cUnited Nations Force\u201d, where it occurs in this Act and in any amendment of the Act of 1927 effected by this Act, means a force or body established by the Security Council or the General Assembly of the United Nations for the performance of certain duties.<\/p>\n<p>Amendment of section 10 of the Act of 1927.<\/p>\n<p>3.\u2014(1) Section 10 (which provides for the grant of disability pensions in certain cases) of the Act of 1927, as extended by subsection (1) of section 4 of the Act of 1943 to members of the Army Nursing Service, shall have effect in relation to every person who is discharged from the forces or whose service in the Army Nursing Service is terminated (whether before or after the passing of this Act) as if, in subsection (1), after \u201cduring the emergency period\u201d (inserted by section 3 of the Act of 1943) there were inserted \u201cor with a United Nations Force\u201d, subject to the modifications that, in relation to disablement caused by disease attributable to service with a United Nations Force\u2014<\/p>\n<p>(a) the reference in that subsection to four years shall be construed as a reference to eight years, and<\/p>\n<p>(b) the scales and rates of pensions shall be those specified in that behalf in those provisions of the First Schedule to this Act which are applicable.<\/p>\n<p>(2) Every application for a pension under section 10 of the Act of 1927, as amended by this section, shall be made before the expiration of eight years from the date of discharge or termination of service, as the case may be.<\/p>\n<p>(3) Every pension granted under section 10 of the Act of 1927, as amended by this section, shall commence from such date (not being earlier than the date of discharge or termination of service, as the case may be, or the date on which the disability is found by the Army Pensions Board to have reached the minimum degree of disablement, whichever is the later) as the Minister may determine.<\/p>\n<p>Extension of sections 10 and 12 of the Act of 1927.<\/p>\n<p>4.\u2014(1) Subsection (1) of section 10 of the Act of 1927 shall apply to every member of the Chaplaincy Service whose service as such member is terminated (whether before or after the passing of this Act) and who, at the date of such termination, is suffering from a disablement caused by disease attributable to service with a United Nations Force in like manner as if such member were a person who is discharged from the forces on or after the 1st day of October, 1924, and is, at the date of his discharge, suffering from a disablement caused by 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, 1924, subject to the modifications that\u2014<\/p>\n<p>(a) the reference in that subsection to four years after his discharge shall be construed as a reference to eight years after the termination of his service as such member, and<\/p>\n<p>(b) the reference to the Third Schedule to the Act of 1927 shall be construed as a reference to the Table to this section.<\/p>\n<p>(2) Subsections (1) and (4) of section 12 (which provides for the grant of wound pensions and gratuities in certain cases) of the Act of 1927 shall apply to every member of the Chaplaincy Service whose service as such member is terminated (whether before or after the passing of this Act) and who, at the date of such termination, is suffering from a disablement due to a wound attributable to service with a United Nations Force in like manner as if such member were an officer who is discharged from the forces on or after the 1st day of October, 1924, and is, at the date of his discharge, suffering from a disablement due to a wound attributable to his service in the forces and received on or after the 1st day of October, 1923, while he was a member of the forces, subject to the modifications that\u2014<\/p>\n<p>(a) the reference in the said subsection (1) to the Third Schedule to that Act shall be construed as a reference to the Table to this section, and<\/p>\n<p>(b) in paragraph (a) of the said subsection (4)\u2014<\/p>\n<p>(i) the references to \u00a380 and \u00a35 shall be construed, respectively, as references to \u00a3140 and \u00a38 15s., and<\/p>\n<p>(ii) the reference to service in the forces shall be construed as a reference to service in the Chaplaincy Service.<\/p>\n<p>(3) For the purpose of the application of sections 10 and 12 of the Act of 1927 to a member of the Chaplaincy Service, the annual pay of such member shall be taken to be the sum of\u2014<\/p>\n<p>(a) the annual amount of his daily pay,<\/p>\n<p>(b) the annual amount of his consolidated ration allowance, and<\/p>\n<p>(c) an annual allowance in respect of accommodation to be determined by the Minister from time to time with the concurrence of the Minister for Finance.<\/p>\n<p>(4) Every application by a member of the Chaplaincy Service for a pension under section 10 of the Act of 1927, as extended by this section, shall be made before the expiration of eight years from the date of the termination of his service as such member.<\/p>\n<p>(5) Every pension granted under section 10 of the Act of 1927, as extended by this section, to a member of the Chaplaincy Service shall commence from such date (not being earlier than the date of the termination of his service as such member or the date on which the disability is found by the Army Pensions Board to have reached the minimum degree of disablement, whichever is the later) as the Minister may determine.<\/p>\n<p>(6) Every application by a member of the Chaplaincy Service for a pension or gratuity under section 12 of the Act of 1927, as extended by this section, shall be made before the expiration of twelve months from the date of the termination of his service as such member.<\/p>\n<p>(7) Every pension granted under section 12 of the Act of 1927, as extended by this section, to a member of the Chaplaincy Service, shall commence from such date (not being earlier than the date of the termination of his service as such member or the date on which the disability is found by the Army Pensions Board to have reached the minimum degree of disablement, whichever is the later) as the Minister may determine.<\/p>\n<p>TABLE<\/p>\n<p>Scale of disability pensions and wound pensions for members of the Chaplaincy Service.<\/p>\n<p>Degree of Disablement<\/p>\n<p>Scale of Disablement Pension expressed as a percentage of annual pay at date of termination of service<\/p>\n<p>per cent.<\/p>\n<p>per cent.<\/p>\n<p>100<\/p>\n<p>55<\/p>\n<p>90<\/p>\n<p>50<\/p>\n<p>80<\/p>\n<p>44<\/p>\n<p>70<\/p>\n<p>39<\/p>\n<p>60<\/p>\n<p>33<\/p>\n<p>50<\/p>\n<p>28<\/p>\n<p>40<\/p>\n<p>22<\/p>\n<p>30<\/p>\n<p>17<\/p>\n<p>20<\/p>\n<p>11<\/p>\n<p>Pensions in respect of disablements due to disease attributable to service with a United Nations Force where disability less than 80 per cent. but not less than 50 per cent.<\/p>\n<p>5.\u2014(1) Where an application is duly made on or after the passing of this Act by a person for a disability pension under section 10 of the Act of 1927, as amended and extended by this Act, and the application is referred to the Army Pensions Board under the terms of section 7 of the Act of 1927, then, if such person is at the date of his examination by the Army Pensions Board suffering from a disablement caused by a disease attributable to service with a United Nations Force, the following provisions shall have effect:<\/p>\n<p>(a) if his degree of disablement is found on the date of such examination to be less than eighty per cent. but not less than fifty per cent., there may be granted to such person, if he applies to the Minister therefor, not later than twelve months after such examination, a final pension of \u00a31 9s. 6d. per week commencing from such date (not being earlier than the date of the passing of this Act) as the Minister may determine;<\/p>\n<p>(b) if his degree of disablement is found on the date of such examination to be not less than eighty per cent. but is found on any periodical re-examination under section 6 of the Act of 1923 to be less than eighty per cent, but not less than fifty per cent., there may be granted to such person, if he applies to the Minister therefor, not later than twelve months after such re-examination, a final pension of \u00a31 19s. 3d. per week commencing on such date (not being earlier than the date of the cesser of his former disability pension under the said section 10) as the Minister may determine;<\/p>\n<p>(c) where such person is granted a pension under this subsection, no disability pension under section 10 of the Act of 1927, as amended by this Act, shall be granted or payable to him.<\/p>\n<p>(2) Sections 9 to 14 of the Act of 1923 shall apply in respect of pensions granted under this section and to persons to whom such pensions are payable as if such pensions were the pensions mentioned in those sections respectively.<\/p>\n<p>(3) In this section \u201cdegree of disablement\u201d has the same meaning as in the Act of 1927.<\/p>\n<p>Amendment of section 14 of the Act of 1927.<\/p>\n<p>6.\u2014(1) Subsection (2) of section 14 (which provides for the grant of allowances and gratuities to dependants in certain cases) of the Act of 1927 shall have effect in relation to every officer and soldier who served with a United Nations Force and who dies (whether before or after the passing of this Act) as if, in paragraphs (a) and (b) after \u201cduring the emergency period\u201d (inserted by section 5 of the Act of 1943) in each case where those words occur, there were inserted \u201cor with a United Nations Force\u201d, subject to the modifications that\u2014<\/p>\n<p>(a) the reference in that subsection to the Seventh Schedule to the Act of 1927 shall be construed as a reference to the Second Schedule to this Act, and<\/p>\n<p>(b) the reference in paragraph (d) of that subsection to the Act of 1927 shall be construed as a reference to that Act as amended by this Act.<\/p>\n<p>(2) Subsection (2) of section 14 of the Act of 1927, as amended by subsection (1) of this section, shall, in its application to the dependants (being those mentioned at paragraphs 1 and 3 of Part I and at paragraphs 1 and 3 of Part II of the Second Schedule to this Act) of an officer or soldier who dies while serving with a United Nations Force or within four years after his service with such Force terminates, have effect as if each amount specified at the said paragraphs were an amount greater by fifty per cent. than the amount so specified.<\/p>\n<p>(3) Subsections (3), (4), (5), (6), (8) and (9) of section 14 of the Act of 1927 shall apply in respect of allowances and gratuities under subsection (2) of that section, as amended by this section, and in respect of persons in respect of whom applications for allowances or gratuities are made under that subsection as so amended.<\/p>\n<p>(4) Every application for an allowance or gratuity under subsection (2) of section 14 of the Act of 1927, as amended by this section, shall be made within twelve months after the date of the death of the person in respect of whom the application is made or within twelve months after the date of the passing of this Act, whichever is the later.<\/p>\n<p>Pensions in respect of disease aggravated, etc., by service with a United Nations Force.<\/p>\n<p>7.\u2014(1) Where\u2014<\/p>\n<p>(a) whether before or after the passing of this Act, a person has been discharged from the forces or the service of a member of the Army Nursing Service or of a member of the Chaplaincy Service has terminated, and<\/p>\n<p>(b) such person or member is not entitled to a pension under the Acts or by virtue of this Act, and<\/p>\n<p>(c) such person or member is, at the date of his examination by the Army Pensions Board, suffering from a disablement (not being less in degree than eighty per cent.) due to disease aggravated, accelerated or excited by\u2014<\/p>\n<p>(i) a wound attributable to service with a United Nations Force, or<\/p>\n<p>(ii) a disease attributable to service with a United Nations Force, or<\/p>\n<p>(iii) service with a United Nations Force,<\/p>\n<p>there may be granted to such person or member a pension at the rate mentioned in the second column of the Table to this section opposite to the appropriate degree of disablement in the first column of that Table.<\/p>\n<p>(2) Every application for a pension under this section shall be referred by the Minister to the Army Pensions Board.<\/p>\n<p>(3) The following provisions shall have effect in relation to applications for pensions under this section:<\/p>\n<p>(a) every application shall be made to the Minister within eight years from the date of discharge or termination of membership, as the case may be,<\/p>\n<p>(b) every application shall be in such form and contain such particulars as the Minister may direct.<\/p>\n<p>(4) A pension granted to a person under this section shall commence on such day (not being earlier than the date of discharge or termination of membership, as the case may be, or the date of the passing of this Act, whichever is the later) as the Minister may determine.<\/p>\n<p>(5) Section 6 and sections 9 to 14 of the Act of 1923, sections 21 and 23 of the Act of 1927 and subsection (2) of section 27 and section 31 of the Army Pensions Act, 1937 , shall apply in respect of pensions under this section, persons who are or who claim to be entitled to such pensions, persons to whom such pensions are granted and persons applying for such pensions as if such pensions were the pensions mentioned in those sections respectively.<\/p>\n<p>TABLE<\/p>\n<p>Rates of Pensions.<\/p>\n<p>Degree of Disablement<\/p>\n<p>Pension<\/p>\n<p>per cent.<\/p>\n<p>per annum<\/p>\n<p>\u00a3<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>100<\/p>\n<p>191<\/p>\n<p>10<\/p>\n<p>0<\/p>\n<p>90<\/p>\n<p>172<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>80<\/p>\n<p>153<\/p>\n<p>10<\/p>\n<p>0<\/p>\n<p>Short title and collective citation.<\/p>\n<p>8.\u2014(1) This Act may be cited as the Army Pensions (No. 2) Act, 1960.<\/p>\n<p>(2) The collective citation, the Army Pensions Acts, 1923 to 1960, shall include this Act.<\/p>\n<p>FIRST SCHEDULE.<\/p>\n<p>Scales and rates of disability pensions and married pensions for officers and soldiers and scale of disability pensions for members of the Army Nursing Service.<\/p>\n<p>Part I.<\/p>\n<p>Officers.<\/p>\n<p>Degree of Disablement<\/p>\n<p>Scales of Disability Pension, expressed as a percentage of annual pay at date of discharge<\/p>\n<p>Married officers<\/p>\n<p>Unmarried officers<\/p>\n<p>per cent.<\/p>\n<p>per cent.<\/p>\n<p>per cent.<\/p>\n<p>100<\/p>\n<p>48<\/p>\n<p>55<\/p>\n<p>90<\/p>\n<p>43<\/p>\n<p>50<\/p>\n<p>80<\/p>\n<p>39<\/p>\n<p>44<\/p>\n<p>Part II.<\/p>\n<p>Soldiers.<\/p>\n<p>Degree of Disablement<\/p>\n<p>Rates of Disability Pension per week<\/p>\n<p>per cent.<\/p>\n<p>\u00a3<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>100<\/p>\n<p>3<\/p>\n<p>17<\/p>\n<p>6<\/p>\n<p>90<\/p>\n<p>3<\/p>\n<p>12<\/p>\n<p>3<\/p>\n<p>80<\/p>\n<p>3<\/p>\n<p>4<\/p>\n<p>6<\/p>\n<p>Part III.<\/p>\n<p>Married Pensions\u2014Officers and Soldiers.<\/p>\n<p>Degree of Disablement<\/p>\n<p>Married Pension per week<\/p>\n<p>In respect of wife<\/p>\n<p>In respect of each child of the pensioner born not later than nine months after the date of his discharge who, being a boy, is for the time being, under the age of 18 years or, being a girl, is for the time being, in case the pensioner was an officer, under the age of 21 years and unmarried or in case the pensioner was a soldier, under the age of 18 years and unmarried.<\/p>\n<p>per cent.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>100<\/p>\n<p>11<\/p>\n<p>7<\/p>\n<p>6<\/p>\n<p>2<\/p>\n<p>90<\/p>\n<p>10<\/p>\n<p>5<\/p>\n<p>5<\/p>\n<p>6<\/p>\n<p>80<\/p>\n<p>9<\/p>\n<p>3<\/p>\n<p>4<\/p>\n<p>10<\/p>\n<p>Part IV.<\/p>\n<p>Members of the Army Nursing Service.<\/p>\n<p>Degree of Disablement<\/p>\n<p>Scale of Pension per annum<\/p>\n<p>per cent.<\/p>\n<p>\u00a3<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>100<\/p>\n<p>202<\/p>\n<p>10<\/p>\n<p>0<\/p>\n<p>90<\/p>\n<p>189<\/p>\n<p>10<\/p>\n<p>0<\/p>\n<p>80<\/p>\n<p>169<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>SECOND SCHEDULE.<\/p>\n<p>Allowances to dependants of officers and soldiers.<\/p>\n<p>Section 6.<\/p>\n<p>Part I.<\/p>\n<p>Officers.<\/p>\n<p>1. Widow of second lieutenant, lieutenant or captain.<\/p>\n<p>\u00a3117 10s. per annum during widowhood.<\/p>\n<p>Widow of lieutenant-colonel or commandant.<\/p>\n<p>\u00a3172 per annum during widowhood.<\/p>\n<p>Widow of colonel or officer of higher rank.<\/p>\n<p>\u00a3214 10s. per annum during widowhood.<\/p>\n<p>2. Widow of officer (any rank).<\/p>\n<p>\u00a3188 gratuity on first re-marriage.<\/p>\n<p>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.<\/p>\n<p>(a) while mother is living, \u00a335 10s. per annum for each child.<\/p>\n<p>(b) after death of mother, \u00a365 10s. per annum for each child.<\/p>\n<p>4. Children over the age of 11 and under the age of 18.<\/p>\n<p>Repayment of amount proved to have been in fact necessarily and properly expended in educational fees but not exceeding \u00a360 in any one calendar year in respect of any one child. This allowance is additional to the allowance stated in paragraph 3.<\/p>\n<p>Part II.<\/p>\n<p>Soldiers.<\/p>\n<p>1. Widow<\/p>\n<p>24s. 6d. per week during widowhood.<\/p>\n<p>2. Widow<\/p>\n<p>Gratuity of \u00a386 on first re-marriage.<\/p>\n<p>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.<\/p>\n<p>(a) while mother is living, 9s. 3d. per week for each child,<\/p>\n<p>(b) after death of mother, 18s. 3d. per week for each child.<\/p>\n<p>4. Children over the age of 11 and under the age of 18.<\/p>\n<p>Repayment of amount proved to have been in fact necessarily and properly expended in educational fees but not exceeding \u00a360 in any one calendar year in respect of any one child. This allowance is additional to the allowance stated in paragraph 3.<\/p>\n<p>Part III.<\/p>\n<p>Officers.<\/p>\n<p>1. For the purposes of this Part of this Schedule each of the following and no other persons shall be deemed to be a dependant of a deceased officer:\u2014<\/p>\n<p>(a) his mother,<\/p>\n<p>(b) his father, if over sixty years of age or incapacitated by ill-health,<\/p>\n<p>(c) his permanently invalided brother,<\/p>\n<p>(d) his permanently invalided and unmarried sister,<\/p>\n<p>(e) his grandfather,<\/p>\n<p>(f) his grandmother.<\/p>\n<p>2. (1) Where, in the opinion of the Minister, there is one dependant, and no more, who was wholly dependent on a deceased officer, an allowance shall be payable to that dependant.<\/p>\n<p>(2) Where, in the opinion of the Minister, there are two or more dependants who were wholly dependent on a deceased officer, an allowance shall be payable to each of those dependants.<\/p>\n<p>3. (1) Where\u2014<\/p>\n<p>(a) no allowance is payable under paragraph 2 of this Part, and<\/p>\n<p>(b) there is, in the opinion of the Minister, one dependant and no more who was mainly dependent on a deceased officer,<\/p>\n<p>an allowance shall be payable to that dependant.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) no allowance is payable under paragraph 2 of this Part, and<\/p>\n<p>(b) there are, in the opinion of the Minister, two or more dependants who were mainly dependent on a deceased officer, one allowance and no more shall be payable in respect of the deceased officer and such allowance shall be payable to such one of the said dependants as the Minister considers, having regard to all the circumstances, is the person to whom it should be paid.<\/p>\n<p>4. (1) Where\u2014<\/p>\n<p>(a) no allowance in respect of a deceased officer is payable under paragraph 2 or paragraph 3 of this Part, and<\/p>\n<p>(b) there is one dependant and no more of such deceased officer,<\/p>\n<p>a gratuity may be granted to that dependant.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) no allowance in respect of a deceased officer is payable under paragraph 2 or paragraph 3 of this Part, and<\/p>\n<p>(b) there are two or more dependants of such deceased officer,<\/p>\n<p>a gratuity may be payable in respect of such deceased officer and such gratuity shall be payable to such one or more, exclusively of the others or other, of the said dependants 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.<\/p>\n<p>5. (1) Where any dependant was wholly or mainly dependent on more than one deceased person, such dependant shall not receive, in respect of such deceased persons, allowances exceeding in the whole the maximum allowance which could be granted to such dependant under this Schedule in respect of any one of such deceased persons.<\/p>\n<p>(2) Whenever a person is a dependant of more than one deceased person, such person shall not receive, in respect of such deceased persons, gratuities exceeding in the whole the maximum gratuity which could be granted to such person under this Schedule in respect of any one of such deceased persons.<\/p>\n<p>(3) In this paragraph the expression \u201cdeceased person\u201d includes a deceased officer as well as a deceased soldier.<\/p>\n<p>6. An allowance under this Part of this Schedule shall be an annual sum of \u00a3102 10s., and a gratuity under this Part of this Schedule shall be such lump sum (not exceeding \u00a3180) as the Minister may determine.<\/p>\n<p>Part IV.<\/p>\n<p>Soldiers.<\/p>\n<p>1. For the purposes of this Part of this Schedule each of the following and no other persons shall be deemed to be a dependant of a deceased soldier\u2014<\/p>\n<p>(a) his mother,<\/p>\n<p>(b) his father, if over sixty years of age or incapacitated by ill-health,<\/p>\n<p>(c) his permanently invalided brother,<\/p>\n<p>(d) his permanently invalided and unmarried sister,<\/p>\n<p>(e) his grandfather,<\/p>\n<p>(f) his grandmother.<\/p>\n<p>2. (1) Where, in the opinion of the Minister, there is one dependant and no more who was wholly dependent on a deceased soldier, an allowance shall be payable to that dependant.<\/p>\n<p>(2) Where, in the opinion of the Minister, there are two or more dependants who were wholly dependent on a deceased soldier, an allowance shall be payable to each of those dependants.<\/p>\n<p>3. (1) Where\u2014<\/p>\n<p>(a) no allowance is payable under paragraph 2 of this Part, and<\/p>\n<p>(b) there is, in the opinion of the Minister, one dependant and no more who was mainly dependent on a deceased soldier,<\/p>\n<p>an allowance shall be payable to that dependant.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) no allowance is payable under paragraph 2 of this Part, and<\/p>\n<p>(b) there are, in the opinion of the Minister, two or more dependants who were mainly dependent on a deceased soldier,<\/p>\n<p>one allowance and no more shall be payable in respect of the deceased soldier and such allowance shall be payable to such one of the said dependants as the Minister considers, having regard to all the circumstances, is the person to whom it should be paid.<\/p>\n<p>4. (1) Where\u2014<\/p>\n<p>(a) no allowance in respect of a deceased soldier is payable under paragraph 2 or paragraph 3 of this Part, and<\/p>\n<p>(b) there is one dependant and no more of such deceased soldier,<\/p>\n<p>a gratuity may be granted to that dependant.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) no allowance in respect of a deceased soldier is payable under paragraph 2 or paragraph 3 of this Part, and<\/p>\n<p>(b) there are two or more dependants of such deceased soldier,<\/p>\n<p>a gratuity may be payable in respect of such deceased soldier and such gratuity shall be payable to such one or more, exclusively of the others or other, of the said dependants 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.<\/p>\n<p>5. (1) Where any dependant was wholly or mainly dependent on more than one deceased person, such dependant shall not receive, in respect of such deceased persons, allowances exceeding in the whole the maximum allowance which could be granted to such dependant under this Schedule in respect of any one of such deceased persons.<\/p>\n<p>(2) Whenever a person is a dependant of more than one deceased person, such person shall not receive, in respect of such deceased persons, gratuities exceeding in the whole the maximum gratuity which could be granted to such person under this Schedule in respect of any one of such deceased persons.<\/p>\n<p>(3) In this paragraph the expression \u201cdeceased person\u201d includes a deceased officer as well as a deceased soldier.<\/p>\n<p>6. An allowance under this Part of this Schedule shall be an annual sum of \u00a351, and a gratuity under this Part of this Schedule shall be such lump sum (not exceeding \u00a3180) as the Minister may determine.<\/p>\n<h2>ARMY PENSIONS ACT, 1968<\/h2>\n<p>AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1964. [11th June, 1968.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:\u2014<\/p>\n<p>Interpretaion.<\/p>\n<p>1.\u2014(1) In this Act\u2014<\/p>\n<p>\u201cthe Act\u201d means the Army Pensions Acts, 1923 to 1964;<\/p>\n<p>\u201cthe Act of 1923\u201d means the Army Pensions Act, 1923 ;<\/p>\n<p>\u201cthe Act of 1927\u201d means the Army Pensions Act, 1927 ;<\/p>\n<p>\u201cthe Act of 1953\u201d means the Army Pensions Act, 1953 ;<\/p>\n<p>\u201cthe Act of 1959\u201d means the Army Pensions Act, 1959 ;<\/p>\n<p>\u201cthe No. 2 Act of 1960\u201d means the Army Pensions (No. 2) Act, 1960 ;<\/p>\n<p>\u201cthe Act of 1962\u201d means the Army Pensions Act, 1962 .<\/p>\n<p>(2) This Act shall be construed as one with the Acts.<\/p>\n<p>(3) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.<\/p>\n<p>Amendment of the Acts in relation to married pensions.<\/p>\n<p>2.\u2014(1) The relevant provisions of the Acts, in so far as they apply to a person who is granted a wound pension or a disability pension under the Acts or a pension to which section 7 of the Act of 1962 applies (whether the pension is granted before or after the passing of this Act), shall be construed as if the sole condition necessary for the grant of a further pension or a married pension to that person was that he should be a married man for the purposes of the Acts, and accordingly, on application being made to the Minister, the appropriate further pension or married pension under the Acts shall be payable to that person for so long as he continues to be a married man for those purposes.<\/p>\n<p>(2) In this section \u201cthe relevant provisions of the Acts\u201d means\u2014<\/p>\n<p>(a) section 2 (2) of the Act of 1923,<\/p>\n<p>(b) sections 9 (2), 10 (2), 11 (2), 12 (2) and 13 (2) of the Act of 1927,<\/p>\n<p>(c) section 10 (3) of the Army Pensions Act, 1932 , and<\/p>\n<p>(d) section 7 (2) of the Act of 1962.<\/p>\n<p>Allowances to certain widows and children (wound or disability pension or pension to which section 7 of the Act of 1962 applies).<\/p>\n<p>3.\u2014(1) Where\u2014<\/p>\n<p>(a) a person dies while in receipt of a wound pension or a disability pension under the Acts or a pension to which section 7 of the Act of 1962 applies,<\/p>\n<p>(b) the pension payable to that person at the time of his death was based on a degree of disablement of not less than fifty per cent, and<\/p>\n<p>(c) that person was at the time of his death a married man for the purposes of the Acts,<\/p>\n<p>notwithstanding anything contained in the Acts and irrespective of whether or not that person&#8217;s death was due solely to the disablement in respect of which the pension was granted, the Minister may grant to the widow (provided she has not remarried) and children of that person the appropriate allowances under the Acts, as amended by this Act.<\/p>\n<p>(2) Where a person died before the passing of this Act and the conditions specified in subsection (1) (a), (1) (b) and (1) (c) were satisfied in his case then, notwithstanding anything contained in the Acts, and irrespective of whether or not that person&#8217;s death was due solely to the disablement in respect of which the pension was granted, the Minister may grant to the widow (provided she has not remarried) and children of that person the appropriate allowances under the Acts, as amended by this Act.<\/p>\n<p>(3) An allowance shall not be granted under this section in respect of a deceased person whose death was due to serious negligence or misconduct on his part.<\/p>\n<p>(4) Every application for an allowance under this section shall be made\u2014<\/p>\n<p>(a) in the case of a person mentioned in subsection (2) not later than twelve months after the date of the passing of this Act,<\/p>\n<p>(b) in any other case, not later than twelve months after the relevant death.<\/p>\n<p>(5) Section 5 of the Act of 1959, in so far as it relates to a person to whom section 14 (2) (d), section 15 (1) (d) or section 15 (2) (d) of the Act of 1927 applies, is hereby repealed.<\/p>\n<p>Allowances to certain widows and children (wound pension or pension under section 28 or 29 of the Army Pensions Act, 1937).<\/p>\n<p>4.\u2014(1) Where\u2014<\/p>\n<p>(a) a person died while in receipt of either a wound pension under the Acts or a pension under section 28 or 29 of the Army Pensions Act, 1937 ,<\/p>\n<p>(b) the pension payable to that person at the time of his death was based on a degree of disablement of less than fifty per cent,<\/p>\n<p>(c) that person would have been entitled, immediately before his death, to a further pension or a married pension if the sole condition necessary for the grant of that further pension or married pension had been that he was at that time a married man for the purposes of the Acts, and<\/p>\n<p>(d) that person&#8217;s death was due solely to the disablement in respect of which the pension was granted,<\/p>\n<p>the Minister, on application being made to him, may grant to the widow (provided she has not remarried) and children of that person the appropriate allowances under the Acts, as amended by this Act.<\/p>\n<p>(2) Every application for an allowance under this section shall be made not later than twelve months after the date of the passing of this Act.<\/p>\n<p>Wound pensions and gratuities for members of First Line Reserve.<\/p>\n<p>5.\u2014(1) Notwithstanding anything contained in the Acts, a member of the Reserve of Officers (First Line) or the Reserve of Men (First Line) who is suffering from a disablement due to a wound attributable to his service in the forces may apply for and, where appropriate, be granted a wound pension or gratuity under section 12 of the Act of 1927.<\/p>\n<p>(2) In the case of a person to whom subsection (1) applies, the date of his discharge from the forces for purposes of section 12 of the Act of 1927 shall be deemed to be as follows\u2014<\/p>\n<p>(a) where the wound is attributable to service in the Permanent Defence Force\u2014the date on which his service in that Force terminated,<\/p>\n<p>(b) where the wound is attributable to service in the Reserve of Officers (First Line) or the Reserve of Men (First Line)\u2014the date of the wound.<\/p>\n<p>(3) Where a wound pension is granted to any person under section 12 of the Act of 1927 (as extended by this section) the pension shall not be payable in respect of any period during which such person is entitled to service pay as a member of the Reserve of Officers (First Line) or the Reserve of Men (First Line).<\/p>\n<p>(4) Every application by a person for a wound pension or gratuity under section 12 of the Act of 1927 (as extended by this section) shall be made within twelve months after his discharge from the forces or before the expiration of twelve months after the date of the passing of this Act, whichever is the later.<\/p>\n<p>Reconsideration of applications refused under section 4 (1) (d) of the Act of 1953.<\/p>\n<p>6.\u2014Where, either before or after the passing of this Act, an application for the grant of an allowance under section 4 (1) (d) of the Act of 1953 was or is refused by reason of the fact that the applicant failed to establish that he was permanently invalided, the Minister may from time to time reconsider the application at the request of the applicant and the said section shall operate in relation to every such request in the same manner as if it were the original application.<\/p>\n<p>Power to increase pensions, allowances and gratuities by regulations.<\/p>\n<p>7.\u2014(1) Whenever the Minister for Finance approves of increases in\u2014<\/p>\n<p>(a) any pension (including a further or married pension) or allowance under the Acts, whether or not the pension or allowance is in course of payment, or<\/p>\n<p>(b) any gratuity or appropriate annual sum under the Acts,<\/p>\n<p>and such increases form part of a general increase in pensions payable in respect of public service, the Minister may, with the consent of the Minister for Finance, make regulations providing for the appropriate increases.<\/p>\n<p>(2) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>(3) Subsection (1) shall be deemed to have come into operation on the 1st day of October, 1964.<\/p>\n<p>Amendment of section 13 of the Act of 1959.<\/p>\n<p>8.\u2014Section 13 of the Act of 1959 is hereby amended by the substitution for subsections (2) and (3) of the following subsections:<\/p>\n<p>\u201c(2) Where a person, to whom a wound pension or a disability pension is payable, and his wife have adopted a child, that child shall, for the purposes of the provisions of the Acts and this Act relating to further or married pensions, be considered as the child of the adopters born to them in lawful wedlock and not to be the child of any other person.<\/p>\n<p>(3) Where a deceased person, to whom a wound pension or a disability pension was payable, and his wife adopted a child, the child shall, for the purposes of the provisions of the Acts and this Act relating to dependants&#8217; allowances, be considered as the child of the adopters born to them in lawful wedlock and not to be child of any other person.\u201d<\/p>\n<p>Amendment of section 6(1) of the No. 2 Act of 1960.<\/p>\n<p>9.\u2014Section 6 (1) of the No. 2 Act of 1960 is hereby amended by the insertion after paragraph (a) of the following\u2014<\/p>\n<p>\u201c(aa) the reference in paragraph (b) of that subsection to four years shall be construed as a reference to eight years, and\u201d.<\/p>\n<p>Amendment of Second Schedule to the No. 2 Act of 1960.<\/p>\n<p>10.\u2014Part IV of the Second Schedule to the No. 2 Act of 1960 is hereby amended by the insertion of the following paragraph after paragraph 1\u2014<\/p>\n<p>\u201c1A. For the purposes of this Part of this Schedule a relative (mentioned in paragraph 1 of this Part of this Schedule) of a deceased soldier 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 on which the service of such soldier with a United Nations Force commenced.\u201d<\/p>\n<p>Allowances to certain widows and children (service with United Nations Force).<\/p>\n<p>11.\u2014(1) Where before or after the passing of this Act\u2014<\/p>\n<p>(a) a person either dies while serving in the forces or, having been discharged from the forces, dies within eight years after such discharge and was not granted a pension under the Acts,<\/p>\n<p>(b) that person was, in the case of an officer, a married man for the purposes of the Acts or, if a soldier, in receipt of marriage allowance as a married soldier at the following time:\u2014<\/p>\n<p>(i) in case he died while serving in the forces\u2014at the time of his death,<\/p>\n<p>(ii) in case he died after having been discharged from the forces\u2014immediately before such discharge, and<\/p>\n<p>(c) that person&#8217;s death was due to disease aggravated, accelerated or excited by\u2014<\/p>\n<p>(i) a wound or disease attributable to service with a United Nations Force, or<\/p>\n<p>(ii) service with a United Nations Force,<\/p>\n<p>the Minister may grant to the widow and children of that person the several allowances and gratuities specified in the Second Schedule to the Act of 1962.<\/p>\n<p>(2) Every application for an allowance under this section shall be made before the expiration of twelve months after the date of the passing of this Act or before the expiration of twelve months after the relevant death, whichever is the later.<\/p>\n<p>Amendment of section 7 of the Act of 1962.<\/p>\n<p>12.\u2014(1) Section 7 of the Act of 1962 is hereby amended\u2014<\/p>\n<p>(a) by the substitution of the following subsections for subsections (1) and (2) respectively:<\/p>\n<p>\u201c(1) This section applies to\u2014<\/p>\n<p>(a) a pension under section 26 of the Act of 1937,<\/p>\n<p>(b) a pension under section 28 of that Act,<\/p>\n<p>(c) a pension under section 29 of that Act,<\/p>\n<p>(d) a pension under section 6 of the Act of 1941,<\/p>\n<p>(e) a pension granted under section 6 of the Act of 1943 to a person who, on the date of his discharge from the forces, was, in the case of an officer, a married officer within the meaning of the Defence Force Regulations governing on that date the pay of officers and, in the case of a soldier, in receipt of marriage allowance as a married soldier,<\/p>\n<p>(f) a pension under section 12 of the Act of 1946 so granted,<\/p>\n<p>(g) a pension under section 5 of the No. 2 Act of 1960 so granted,<\/p>\n<p>(h) a pension under section 7 of the No. 2 Act of 1960 so granted.<\/p>\n<p>(2) If a person who is granted a pension to which this section applies was married before the critical date as defined by the next subsection and is at the date of the commencement of his pension or the 4th day of August, 1962, (whichever is the later) a married man for the purposes of this section, he shall, for so long as he continues to be a married man for those purposes, be entitled to be paid and receive a married pension at the appropriate rate specified in the First Schedule to this Act.\u201d,<\/p>\n<p>(b) by the deletion in subsection (3) (a) (ii) of \u201cwound or\u201d, and<\/p>\n<p>(c) by the deletion in subsection (7) of \u201cfor a pension\u201d wherever those words occur.<\/p>\n<p>(2) Every application for a pension or allowance under section 7 of the Act of 1962 shall be made\u2014<\/p>\n<p>(a) in the case of an application under subsection (2) or subsection (6), not later than twelve months after the date of the passing of this Act, and<\/p>\n<p>(b) in the case of an application under subsection (5), before the expiration of twelve months after the death or twelve months after the date of the passing of this Act, whichever is the later.<\/p>\n<p>Application of certain sections of previous Acts.<\/p>\n<p>13.\u2014Sections 9 to 14 of the Act of 1923, sections 7, 14 (5), 21 and 23 of the Act of 1927, section 2 of the Army Pensions Act, 1949 , and section 13 of the Act of 1959 shall apply in respect of pensions and allowances under section 7 of the Act of 1962 and allowances under section 11 of this Act, to persons who are or claim to be entitled to such pensions and allowances, persons to whom such pensions and allowances are granted, and persons applying for such pensions and allowances, as if such pensions and allowances were the pensions and allowances mentioned in those sections respectively.<\/p>\n<p>Commencement of, and form of application for, pensions or allowances.<\/p>\n<p>14.\u2014(1) Any pension or allowance granted by virtue of this Act shall, notwithstanding anything contained in any other enactment, be payable from such date, not being earlier than the passing of this Act, as the Minister may determine.<\/p>\n<p>(2) Every application by a person for a pension or allowance under the Acts as amended by this Act shall be in such form and contain such particulars as the Minister may require.<\/p>\n<p>Repeals.<\/p>\n<p>15.\u2014The enactments mentioned in column (2) of the Schedule to this Act are hereby repealed to the extent specified in column (3) of that Schedule.<\/p>\n<p>Short title and collective citation.<\/p>\n<p>16.\u2014(1) This Act may be cited as the Army Pensions Act, 1968.<\/p>\n<p>(2) The Acts and this Act may be cited together as the Army Pensions Acts, 1923 to 1968.<\/p>\n<p>SCHEDULE<\/p>\n<p>ENACTMENTS REPEALED<\/p>\n<p>Section 15 .<\/p>\n<p>Number and Year<\/p>\n<p>Short Title<\/p>\n<p>Extent of Repeal<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>No. 24 of 1932.<\/p>\n<p>Army Pensions Act, 1932 .<\/p>\n<p>Section 25 (1).<\/p>\n<p>No. 3 of 1946.<\/p>\n<p>Army Pensions Act, 1946 .<\/p>\n<p>In the heading to column (3) of the First Schedule, the words \u201cborn not later than nine months after the date of the pensioner&#8217;s discharge\u201d.<\/p>\n<p>No. 19 of 1949.<\/p>\n<p>Army Pensions Act, 1949 .<\/p>\n<p>In the heading to column (3) of Part III of the First Schedule, the words \u201cborn not later than nine months after the date of his discharge\u201d.<\/p>\n<p>No. 23 of 1953.<\/p>\n<p>Army Pensions Act, 1953 .<\/p>\n<p>Section 6 (1).<\/p>\n<p>No. 15 of 1959.<\/p>\n<p>Army Pensions Act, 1959 .<\/p>\n<p>Sections 7, 12 and, in section 13 (4), the words \u201cbefore the date on which the special allowance commenced\u201d.<\/p>\n<p>No. 39 of 1960.<\/p>\n<p>Army Pensions (No. 2) Act, 1960 .<\/p>\n<p>In the heading to the third column of Part III of the First Schedule, the words \u201cborn not later than nine months after the date of his discharge\u201d.<\/p>\n<h2>ARMY PENSIONS ACT, 1971<\/h2>\n<p>AN ACT TO PROVIDE FOR THE GRANTING OF ALLOWANCES TO THE WIDOWS OF PENSIONERS UNDER THE MILITARY SERVICE PENSIONS ACT, 1924 , THE MILITARY SERVICE PENSIONS ACT, 1934 , OR THE CONNAUGHT RANGERS (PENSIONS) ACT, 1936 , AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [1st September, 1971.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Allowances to widows of military service pensioners.<\/p>\n<p>1.\u2014(1) The Minister may grant to the widow (provided she has not remarried) of a person who was granted a pension under the Military Service Pensions Act, 1924 , or the Military Service Pensions Act, 1934 , or a service pension under the Connaught Rangers (Pensions) Act, 1936 , an allowance of\u2014<\/p>\n<p>(a) \u00a352-20 per annum, or<\/p>\n<p>(b) one half of the annual rate of pension payable under any of the said Acts to her husband on the 1st day of October, 1971, or which would be payable to him if he were alive on that date,<\/p>\n<p>whichever is the greater.<\/p>\n<p>(2) Every allowance granted to a widow under this section shall be payable from\u2014<\/p>\n<p>(a) the 1st day of October, 1971, or<\/p>\n<p>(b) the day following the date of death of her husband,<\/p>\n<p>whichever is the later.<\/p>\n<p>(3) If a widow to whom an allowance is granted under this section remarries, the allowance shall be terminated from the date of her remarriage.<\/p>\n<p>(4) Every application for an allowance under this section shall be in such form and contain such particulars as the Minister may require.<\/p>\n<p>Application of certain enactments to an allowance under this Act.<\/p>\n<p>2.\u2014Sections 9 to 12 and section 14 of the Army Pensions Act, 1923 , and subsections (1), (2) and (5) of section 2 and section 13 of the Army Pensions Act, 1949 , shall apply, in relation to an allowance granted under this Act, as if that allowance were an allowance mentioned in any of the said sections.<\/p>\n<p>Non-application of certain enactments to an allowance under this Act.<\/p>\n<p>3.\u2014 Section 8 (1) of the Army Pensions Act, 1953 , and Articles 22 (1) (b) and 23 (1) (a) of the Defence Forces (Pensions) Scheme, 1937, (S.R. &amp; O., No. 249 of 1937), shall not apply to an allowance granted under this Act.<\/p>\n<p>Short title, construction and collective citation.<\/p>\n<p>4.\u2014(1) This Act may be cited as the Army Pensions Act, 1971.<\/p>\n<p>(2) The Army Pensions Acts, 1923 to 1968, and this Act shall be construed together as one Act and may be cited together as the Army Pensions Acts, 1923 to 1971.<\/p>\n<p>\/static\/images\/base\/harp.jpg<br \/>\nNumber 27 of 1973<\/p>\n<h2>ARMY PENSIONS ACT, 1973<\/h2>\n<p>AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1971. [18th December, 1973]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Interpretation.<\/p>\n<p>1.\u2014(1) In this Act\u2014<\/p>\n<p>\u201cthe Acts\u201d means the Army Pensions Acts, 1923 to 1971;<\/p>\n<p>\u201cthe Act of 1923\u201d means the Army Pensions Act, 1923 ;<\/p>\n<p>\u201cthe Act of 1927\u201d means the Army Pensions Act, 1927 ;<\/p>\n<p>\u201cthe Act of 1932\u201d means the Army Pensions Act, 1932 ;<\/p>\n<p>\u201cthe Act of 1937\u201d means the Army Pensions Act, 1937 ;<\/p>\n<p>\u201cthe Act of 1941\u201d means the Army Pensions Act, 1941 ;<\/p>\n<p>\u201cthe Act of 1943\u201d means the Army Pensions Act, 1943 ;<\/p>\n<p>\u201cthe Act of 1946\u201d means the Army Pensions Act, 1946 ;<\/p>\n<p>\u201cthe Act of 1953\u201d means the Army Pensions Act, 1953 ;<\/p>\n<p>\u201cthe No. 2 Act of 1960\u201d means the Army Pensions (No. 2) Act, 1960 ;<\/p>\n<p>\u201cthe Act of 1968\u201d means the Army Pensions Act, 1968 ;<\/p>\n<p>\u201crelevant minimum\u201d means\u2014<\/p>\n<p>(i) in the case of a pension payable in respect of disablement due to a wound or payable under paragraphs (c) (i), (c) (ii) or (c) (iv) of section 28 (1), or paragraphs (d) (i), (d) (ii) or (d) (iv) of section 29 (1) of the Act of 1937, twenty per cent., or<\/p>\n<p>(ii) in any other case, eighty per cent.<\/p>\n<p>(2) This Act shall be construed as one with the Acts.<\/p>\n<p>(3) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.<\/p>\n<p>Revision of final pensions under the Act of 1923, the Act of 1927 and the Act of 1932.<\/p>\n<p>2.\u2014(1) Where\u2014<\/p>\n<p>(a) a person to whom a final grant of pension has been made under the Act of 1923, the Act of 1927 or the Act of 1932, and<\/p>\n<p>(b) in respect of whom the period of ten years prescribed in section 19 or 24 of the Act of 1932 has expired,<\/p>\n<p>such person may, notwithstanding anything contained in the Acts, at any time in the first instance, and not earlier than two years after his first or most recent application (as the case may be) in any other instance, apply to the Minister to have the amount of his pension reviewed, provided that such person furnishes to the Minister sufficient medical evidence to show that the degree of his disablement is\u2014<\/p>\n<p>(i) in case the person is then in actual receipt of the pension, ten per cent. or more in excess of his previous degree of disablement, or<\/p>\n<p>(ii) in case the pension is then suspended under this section, not less than the relevant minimum.<\/p>\n<p>(2) The Minister may, if he is satisfied that special circumstances exist, permit a person to whom subsection (1) of this section applies to apply for a review of the amount of his pension before the expiration of two years after the first or most recent application (as the case may be) for such review.<\/p>\n<p>(3) Where a person makes an application under this section, the Minister may request the Army Pensions Board to re-examine that person and re-assess his degree of disablement and, upon such re-assessment being made, the following provisions shall have effect\u2014<\/p>\n<p>(a) in case that person is at that time in actual receipt of the pension, then\u2014<\/p>\n<p>(i) if the degree of his disablement is found on such re-assessment to be greater than the previous degree of his disablement, or less than the previous degree of his disablement but not less than the relevant minimum, the Minister may, if he so thinks fit, increase or reduce the amount of the pension to an amount appropriate to the degree of disablement so re-assessed, or<\/p>\n<p>(ii) if the degree of his disablement is found on such re-assessment to be less than the relevant minimum, the Minister shall suspend the pension, without prejudice however to the right of the person to make further application under this section, or<\/p>\n<p>(b) in case the pension is at that time suspended under this section, then\u2014<\/p>\n<p>(i) if the degree of his disablement is found on such re-assessment to be not less than the relevant minimum, the Minister may, if he so thinks fit, remove the suspension and grant the pension at an amount appropriate to the degree of disablement so re-assessed, or<\/p>\n<p>(ii) if the degree of his disablement is found on such re-assessment to be less than the relevant minimum, the pension shall continue to be suspended without prejudice however to the right of the person to make a further application under this section.<\/p>\n<p>(4) Every increase or removal of suspension of a pension under this section shall take effect from such date (being not earlier than the date of the passing of this Act) as the Minister thinks fit and every decrease or suspension of a pension under this section shall take effect from such date (being not earlier than the date of the re-assessment which resulted in such decrease or suspension) as the Minister thinks fit.<\/p>\n<p>(5) References in this section to the previous degree of disablement of a person making an application under this section shall be construed as referring to the degree of disablement by reference to which the amount of the final grant of the pension to the person was determined or, if the degree of disablement of the person was re-assessed under this section, to the degree of disablement as last so re-assessed before the making of the application.<\/p>\n<p>(6) Where\u2014<\/p>\n<p>(a) a person is in receipt of a final grant of a pension in respect of disablement due to disease based on a degree of disablement of not less than eighty per cent.,<\/p>\n<p>(b) that person applies to the Minister under this section for a review of his pension,<\/p>\n<p>(c) the Minister refers the application to the Army Pensions Board for re-assessment, and<\/p>\n<p>(d) the Army Pensions Board re-assess the degree of that person&#8217;s disablement at less than eighty per cent. but not less than fifty per cent., the Minister may, if he so thinks fit, grant to that person a final pension under section 26 of the Act of 1937, section 6 of the Act of 1941, section 6 of the Act of 1943 or section 5 of the No. 2 Act of 1960, as the case may be, commencing on such date (being not earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>Revision of final pensions under the Act of 1937, the Act of 1941, the Act of 1943 and the No. 2 Act of 1960.<\/p>\n<p>3.\u2014(1) Where a person to whom a final pension has been granted under\u2014<\/p>\n<p>(a) section 26 of the Act of 1937,<\/p>\n<p>(b) section 6 of the Act of 1941,<\/p>\n<p>(c) section 6 of the Act of 1943, or<\/p>\n<p>(d) section 5 of the No. 2 Act of 1960,<\/p>\n<p>such person may, notwithstanding anything contained in the Acts, at any time in the first instance, and not earlier than two years after his first or most recent application (as the case may be) in any other instance, apply to the Minister to have the amount of his pension reviewed, provided that such person furnishes to the Minister sufficient medical evidence to show that the degree of his disablement is not less than eighty per cent.<\/p>\n<p>(2) The Minister may, if he is satisfied that special circumstances exist, permit a person to whom subsection (1) of this section applies to apply for a review of the amount of his pension before the expiration of two years after the first or most recent application (as the case may be) for such review.<\/p>\n<p>(3) Where a person makes an application under this section, the Minister may request the Army Pensions Board to re-examine that person and re-assess his degree of disablement and, upon such re-assessment being made the following provisions shall have effect\u2014<\/p>\n<p>(a) in case that person is at that time in actual receipt of the pension, then\u2014<\/p>\n<p>(i) if the degree of his disablement is found on such re-assessment to be not less than eighty per cent. the Minister may, if he so thinks fit, grant a pension of an amount appropriate to the degree of disablement so re-assessed, or<\/p>\n<p>(ii) if the degree of his disablement is found on such re-assessment to be less than fifty per cent., the Minister shall suspend the pension without prejudice however to the right of the person to make a further application under this section, or<\/p>\n<p>(b) in case the pension is at that time suspended under this section, then\u2014<\/p>\n<p>(i) if the degree of his disablement is found on such re-assessment to be less than eighty per cent. but not less than fifty per cent., the Minister may, if he so thinks fit, remove the suspension and grant a final pension under section 26 of the Act of 1937, section 6 of the Act of 1941, section 6 of the Act of 1943 or section 5 of the No. 2 Act of 1960, as the case may be, or<\/p>\n<p>(ii) if the degree of his disablement is found on such re-assessment to be less than fifty per cent., the pension shall continue to be suspended without prejudice however to the right of the person to make a further application under this section.<\/p>\n<p>(4) Every pension granted to a person under this section based on a degree of disablement of not less than eighty per cent. or removal of suspension of a pension under this section shall commence from such date (being not earlier than the date of the passing of this Act) as the Minister thinks fit, and every suspension of a pension under this section shall take effect from such date (being not earlier than the date of the re-assessment which resulted in such suspension) as the Minister thinks fit.<\/p>\n<p>(5) Where a final grant of pension to which subsection (1) of this section applies has been made to a person and that person is, on the re-assessment of the degree of his disablement under this section, granted a pension by virtue of subsection (3) of this section, the final grant of pension shall, as on and from the date on which the pension granted by virtue of subsection (3) of this section commences, be revoked.<\/p>\n<p>(6) A pension granted as a result of a re-assessment under this section in respect of disablement due to disease and based on a degree of disablement of not less than eighty per cent. shall be deemed to be a final grant of pension under the Act of 1927 or the Act of 1932, as the case may be.<\/p>\n<p>Revision of final pensions under the Act of 1937, the Act of 1946 and the No. 2 Act of 1960.<\/p>\n<p>4.\u2014(1) Where a person to whom a final pension has been granted under\u2014<\/p>\n<p>(a) section 28 or 29 of the Act of 1937,<\/p>\n<p>(b) section 12 of the Act of 1946, or<\/p>\n<p>(c) section 7 of the No. 2 Act of 1960,<\/p>\n<p>such person may, notwithstanding anything contained in the Acts, at any time in the first instance, and not earlier than two years after his first or most recent application (as the case may be) in any other instance, apply to the Minister to have the amount of his pension reviewed, provided that such person furnishes to the Minister sufficient medical evidence to show that the degree of his disablement is\u2014<\/p>\n<p>(i) in case the person is then in actual receipt of the pension, ten per cent, or more in excess of his previous degree of disablement, or<\/p>\n<p>(ii) in case the pension is then suspended under this section, not less than the relevant minimum.<\/p>\n<p>(2) The Minister may, if he is satisfied that special circumstances exist, permit a person to whom subsection (1) of this section applies to apply for a review of the amount of his pension before the expiration of two years after the first or most recent application (as the case may be) for such review.<\/p>\n<p>(3) Where a person makes an application under this section, the Minister may request the Army Pensions Board to re-examine that person and re-assess his degree of disablement and, upon such re-assessment being made the following provisions shall have effect\u2014<\/p>\n<p>(a) in case the person is at that time in actual receipt of the pension\u2014<\/p>\n<p>(i) if the degree of his disablement is found on such re-assessment to be greater than the previous degree of his disablement or less than the previous degree of his disablement but not less than the relevant minimum, the Minister may, if he so thinks fit, increase or reduce the pension to an amount appropriate to the degree of disablement so re-assessed, or<\/p>\n<p>(ii) if the degree of his disablement is found on such re-assessment to be less than the relevant minimum, the Minister shall suspend the pension, without prejudice however to the right of the person to make a further application under this section, or<\/p>\n<p>(b) in case the pension of the person is at that time suspended under this section, then\u2014<\/p>\n<p>(i) if the degree of his disablement is found on such re-assessment to be not less than the relevant minimum, the Minister may, if he so thinks fit, remove the suspension and fix the pension at an amount appropriate to the degree of disablement so re-assessed, or<\/p>\n<p>(ii) if the degree of his disablement is found on such re-assessment to be less than the relevant minimum, the pension shall continue to be suspended without prejudice however to the right of the person to make a further application under this section.<\/p>\n<p>(4) Every increase of a pension or removal of suspension of a pension under this section shall take effect from such date (being not earlier than the date of the passing of this Act) as the Minister thinks fit, and every decrease of a pension or suspension of a pension under this section shall take effect from such date (being not earlier than the date of the re-assessment which resulted in such decrease or suspension) as the Minister thinks fit.<\/p>\n<p>(5) References in this section to the previous degree of disablement of a person making an application under this section shall be construed as referring to the degree of disablement by reference to which the amount of the final grant of the pension was determined or, if the degree of disablement of the person was re-assessed under this section, to the degree of disablement as last so re-assessed before the making of the application.<\/p>\n<p>Review of awards of gratuities under the Act of 1923 and the Act of 1927.<\/p>\n<p>5.\u2014(1) Where\u2014<\/p>\n<p>(a) a person was awarded, before the passing of the Act of 1937, a gratuity under the Act of 1923 or the Act of 1927 in respect of a disablement due to a wound, and<\/p>\n<p>(b) in respect of whom the period of twelve months prescribed in section 10 (2) of the Act of 1937 has expired,<\/p>\n<p>such person may, notwithstanding anything contained in the Acts, make one final application to the Minister to have the amount of such award reviewed.<\/p>\n<p>(2) Where a person makes an application under this section, the Minister may request the Army Pensions Board to re-examine that person and re-assess his degree of disablement and, upon such re-assessment being made, if the degree of his disablement is found to be not less than twenty per cent., the Minister may, if he so thinks fit, award a pension of an amount appropriate to the degree of disablement so re-assessed.<\/p>\n<p>(3) Every pension granted by virtue of this section shall commence from such date (not being earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>(4) A pension granted to any person as a result of a re-assessment under this section shall be deemed to be a final grant of pension under the Act of 1923 or the Act of 1927, as the case may be.<\/p>\n<p>Review of awards of gratuities under the Act of 1932.<\/p>\n<p>6.\u2014(1) Where\u2014<\/p>\n<p>(a) a person to whom an award of gratuity in respect of disablement due to a wound was made under the Act of 1932, and<\/p>\n<p>(b) in respect of whom the period of five years prescribed in section 18 (2) of the Act of 1932 has expired,<\/p>\n<p>such person may, notwithstanding anything contained in the Acts, make one final application to the Minister to have the amount of such award reviewed.<\/p>\n<p>(2) Where a person makes an application under this section, the Minister may request the Army Pensions Board to re-examine that person and re-assess his degree of disablement and, upon such re-assessment being made, if the degree of his disablement is found to be not less than twenty per cent. the Minister may, if he so thinks fit, award a pension of an amount appropriate to the degree of disablement so re-assessed.<\/p>\n<p>(3) Every pension granted by virtue of this section shall commence from such date (not being earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>(4) A pension granted to any person as a result of a re-assessment under this section shall be deemed to be a final grant of pension under the Act of 1932.<\/p>\n<p>Review of awards of gratuities under the Act of 1927.<\/p>\n<p>7.\u2014(1) Where\u2014<\/p>\n<p>(a) before the passing of the Act of 1953, a person was awarded a gratuity under section 12 of the Act of 1927 in respect of disablement due to a wound received on or after the 3rd September, 1939 and the period of twelve months prescribed in section 49 (3) of the Act of 1953 has expired, or<\/p>\n<p>(b) on or after the passing of the Act of 1953, a person was or is awarded a gratuity under section 12 of the Act of 1927 in respect of disablement due to a wound and the period of five years prescribed in section 49 (2) of the Act of 1953 has expired,<\/p>\n<p>such person may, notwithstanding anything contained in the Acts, make one final application to the Minister to have the amount of such award reviewed.<\/p>\n<p>(2) Where a person makes an application under this section, the Minister may request the Army Pensions Board to re-examine that person and re-assess his degree of disablement and, upon such re-assessment being made, if the degree of disablement is found to be not less than twenty per cent. the Minister may, if he so thinks fit, grant a pension to that person of an amount appropriate to the degree of disablement so re-assessed.<\/p>\n<p>(3) Every pension granted to a person under this section shall commence from such date (being not earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>(4) A pension granted to any person as a result of a re-assessment under this section shall be deemed to be a final pension under the Act of 1927.<\/p>\n<p>Right of review when disability due to disease is less than fifty per cent.<\/p>\n<p>8.\u2014(1) Where a person to whom a grant of a pension under\u2014<\/p>\n<p>(a) section 26 of the Act of 1937,<\/p>\n<p>(b) section 6 of the Act of 1941,<\/p>\n<p>(c) section 6 of the Act of 1943, or<\/p>\n<p>(d) section 5 of the No. 2 Act of 1960,<\/p>\n<p>was or is refused solely on the ground that his degree of disablement was less than fifty per cent. such person may, at any time in the first instance, and not earlier than two years after his first or most recent application (as the case may be) in any other instance, apply to the Minister to have his application for a pension reviewed provided that such person furnishes to the Minister sufficient medical evidence to show that the degree of his disablement is not less than fifty per cent.<\/p>\n<p>(2) The Minister may, if he is satisfied that special circumstances exist, permit a person to whom subsection (1) of this section applies to apply for a review of his application for a pension before the expiration of two years after the first or most recent application (as the case may be) for such review.<\/p>\n<p>(3) Where a person makes an application under this section, the Minister may request the Army Pensions Board to re-examine that person and re-assess his degree of disablement.<\/p>\n<p>(4) If the degree of disablement of that person is found on a re-assessment under this section to be not less than eighty per cent. the Minister may, if he so thinks fit, grant a pension of an amount appropriate to the degree of disablement so re-assessed.<\/p>\n<p>(5) A pension granted to any person as a result of a re-assessment under this section in respect of disablement due to disease and based on a degree of disablement of not less than eighty per cent. shall be deemed to be a final grant of pension under the Act of 1927 or the Act of 1932, as the case may be.<\/p>\n<p>(6) If the degree of disablement of the applicant is found on a re-assessment under this section to be less than eighty per cent. but not less than fifty per cent. the Minister may, if he so thinks fit, grant to that person a final pension under section 26 of the Act of 1937, section 6 of the Act of 1941, section 6 of the Act of 1943 or section 5 of the No. 2 Act of 1960, as the case may be.<\/p>\n<p>(7) Every pension granted to a person under this section shall commence from such date (being not earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>Right of review when disability aggravated etc. by service is less than the relevant minimum.<\/p>\n<p>9.\u2014(1) Where a person to whom a grant of a pension under\u2014<\/p>\n<p>(a) section 28 or 29 of the Act of 1937,<\/p>\n<p>(b) section 12 of the Act of 1946, or<\/p>\n<p>(c) section 7 of the No. 2 Act of 1960,<\/p>\n<p>was or is refused solely on the ground that his degree of disablement was or is less than the relevant minimum, such person may, at any time, in the first instance, and not earlier than two years after his first or most recent application (as the case may be) in any other instance, apply to the Minister to have his application for a pension reviewed, provided that such person furnishes to the Minister sufficient medical evidence to show that the degree of his disablement is not less than the relevant minimum.<\/p>\n<p>(2) The Minister may, if he is satisfied that special circumstances exist, permit a person to whom subsection (1) of this section applies to apply for a review of his application for a pension before the expiration of two years after the first or most recent application (as the case may be) for such review.<\/p>\n<p>(3) Where a person makes an application under this section the Minister may request the Army Pensions Board to re-examine that person and re-assess his degree of disablement.<\/p>\n<p>(4) If the degree of disablement of that person is found on a re-assessment under this section to be not less than the relevant minimum, the Minister may, if he so thinks fit, grant a pension of an amount appropriate to the degree of disablement so re-assessed.<\/p>\n<p>(5) Every pension granted to a person by virtue of this section shall commence from such date (being not earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>Amendment of sections 14 and 15 of the Act of 1927 and section 11 of the Act of 1968.<\/p>\n<p>10.\u2014(1) Sections 14 (6) and 15 (4) of the Act of 1927 and section 11 (1) of the Act of 1968, are each hereby amended by the substitution for \u201cmarriage allowance as a married soldier\u201d of \u201ca married rate of pay in accordance with Defence Force Regulations\u201d.<\/p>\n<p>(2) In this section \u201cDefence Force Regulations\u201d means regulations made by the Minister under section 97 of the Defence Act, 1954 .<\/p>\n<p>(3) This section shall be deemed to have come into operation on the 1st day of June, 1969.<\/p>\n<p>Extension of Army Pensions Act, 1971.<\/p>\n<p>11.\u2014(1) The widow of a person who\u2014<\/p>\n<p>(a) had been granted a certificate of military service under the Military Service Pensions Act, 1924 , but was disqualified from being awarded a pension under that Act by reason of being a serving member of the forces,<\/p>\n<p>(b) died while serving in the forces, and<\/p>\n<p>(c) would have been eligible for the award of a pension under that Act, if he had not so died, but had been discharged from the forces,<\/p>\n<p>shall be deemed to be a widow to whom section 1 (1) of the Army Pensions Act, 1971 , applies.<\/p>\n<p>(2) This section shall be deemed to have come into operation on the 1st day of October, 1971.<\/p>\n<p>Repeal of section 7 (2) of Army Pensions Act, 1949, and section 10 of the Act of 1968.<\/p>\n<p>12.\u2014(1) Section 7 (2) of the Army Pensions Act, 1949 , and section 10 of the Act of 1968 are hereby repealed.<\/p>\n<p>(2) This section shall be deemed to have come into operation on the 29th day of August, 1970.<\/p>\n<p>Short title and collective citation.<\/p>\n<p>13.\u2014(1) This Act may be cited as the Army Pensions Act, 1973.<\/p>\n<p>(2) The Army Pensions Acts, 1923 to 1971, and this Act may be cited together as the Army Pensions Acts, 1923 to 1973.<\/p>\n<p>ARMY PENSIONS ACT, 1973<\/p>\n<p>AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1971. [18th December, 1973]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Interpretation.<\/p>\n<p>1.\u2014(1) In this Act\u2014<\/p>\n<p>\u201cthe Acts\u201d means the Army Pensions Acts, 1923 to 1971;<\/p>\n<p>\u201cthe Act of 1923\u201d means the Army Pensions Act, 1923 ;<\/p>\n<p>\u201cthe Act of 1927\u201d means the Army Pensions Act, 1927 ;<\/p>\n<p>\u201cthe Act of 1932\u201d means the Army Pensions Act, 1932 ;<\/p>\n<p>\u201cthe Act of 1937\u201d means the Army Pensions Act, 1937 ;<\/p>\n<p>\u201cthe Act of 1941\u201d means the Army Pensions Act, 1941 ;<\/p>\n<p>\u201cthe Act of 1943\u201d means the Army Pensions Act, 1943 ;<\/p>\n<p>\u201cthe Act of 1946\u201d means the Army Pensions Act, 1946 ;<\/p>\n<p>\u201cthe Act of 1953\u201d means the Army Pensions Act, 1953 ;<\/p>\n<p>\u201cthe No. 2 Act of 1960\u201d means the Army Pensions (No. 2) Act, 1960 ;<\/p>\n<p>\u201cthe Act of 1968\u201d means the Army Pensions Act, 1968 ;<\/p>\n<p>\u201crelevant minimum\u201d means\u2014<\/p>\n<p>(i) in the case of a pension payable in respect of disablement due to a wound or payable under paragraphs (c) (i), (c) (ii) or (c) (iv) of section 28 (1), or paragraphs (d) (i), (d) (ii) or (d) (iv) of section 29 (1) of the Act of 1937, twenty per cent., or<\/p>\n<p>(ii) in any other case, eighty per cent.<\/p>\n<p>(2) This Act shall be construed as one with the Acts.<\/p>\n<p>(3) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.<\/p>\n<p>Revision of final pensions under the Act of 1923, the Act of 1927 and the Act of 1932.<\/p>\n<p>2.\u2014(1) Where\u2014<\/p>\n<p>(a) a person to whom a final grant of pension has been made under the Act of 1923, the Act of 1927 or the Act of 1932, and<\/p>\n<p>(b) in respect of whom the period of ten years prescribed in section 19 or 24 of the Act of 1932 has expired,<\/p>\n<p>such person may, notwithstanding anything contained in the Acts, at any time in the first instance, and not earlier than two years after his first or most recent application (as the case may be) in any other instance, apply to the Minister to have the amount of his pension reviewed, provided that such person furnishes to the Minister sufficient medical evidence to show that the degree of his disablement is\u2014<\/p>\n<p>(i) in case the person is then in actual receipt of the pension, ten per cent. or more in excess of his previous degree of disablement, or<\/p>\n<p>(ii) in case the pension is then suspended under this section, not less than the relevant minimum.<\/p>\n<p>(2) The Minister may, if he is satisfied that special circumstances exist, permit a person to whom subsection (1) of this section applies to apply for a review of the amount of his pension before the expiration of two years after the first or most recent application (as the case may be) for such review.<\/p>\n<p>(3) Where a person makes an application under this section, the Minister may request the Army Pensions Board to re-examine that person and re-assess his degree of disablement and, upon such re-assessment being made, the following provisions shall have effect\u2014<\/p>\n<p>(a) in case that person is at that time in actual receipt of the pension, then\u2014<\/p>\n<p>(i) if the degree of his disablement is found on such re-assessment to be greater than the previous degree of his disablement, or less than the previous degree of his disablement but not less than the relevant minimum, the Minister may, if he so thinks fit, increase or reduce the amount of the pension to an amount appropriate to the degree of disablement so re-assessed, or<\/p>\n<p>(ii) if the degree of his disablement is found on such re-assessment to be less than the relevant minimum, the Minister shall suspend the pension, without prejudice however to the right of the person to make further application under this section, or<\/p>\n<p>(b) in case the pension is at that time suspended under this section, then\u2014<\/p>\n<p>(i) if the degree of his disablement is found on such re-assessment to be not less than the relevant minimum, the Minister may, if he so thinks fit, remove the suspension and grant the pension at an amount appropriate to the degree of disablement so re-assessed, or<\/p>\n<p>(ii) if the degree of his disablement is found on such re-assessment to be less than the relevant minimum, the pension shall continue to be suspended without prejudice however to the right of the person to make a further application under this section.<\/p>\n<p>(4) Every increase or removal of suspension of a pension under this section shall take effect from such date (being not earlier than the date of the passing of this Act) as the Minister thinks fit and every decrease or suspension of a pension under this section shall take effect from such date (being not earlier than the date of the re-assessment which resulted in such decrease or suspension) as the Minister thinks fit.<\/p>\n<p>(5) References in this section to the previous degree of disablement of a person making an application under this section shall be construed as referring to the degree of disablement by reference to which the amount of the final grant of the pension to the person was determined or, if the degree of disablement of the person was re-assessed under this section, to the degree of disablement as last so re-assessed before the making of the application.<\/p>\n<p>(6) Where\u2014<\/p>\n<p>(a) a person is in receipt of a final grant of a pension in respect of disablement due to disease based on a degree of disablement of not less than eighty per cent.,<\/p>\n<p>(b) that person applies to the Minister under this section for a review of his pension,<\/p>\n<p>(c) the Minister refers the application to the Army Pensions Board for re-assessment, and<\/p>\n<p>(d) the Army Pensions Board re-assess the degree of that person&#8217;s disablement at less than eighty per cent. but not less than fifty per cent., the Minister may, if he so thinks fit, grant to that person a final pension under section 26 of the Act of 1937, section 6 of the Act of 1941, section 6 of the Act of 1943 or section 5 of the No. 2 Act of 1960, as the case may be, commencing on such date (being not earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>Revision of final pensions under the Act of 1937, the Act of 1941, the Act of 1943 and the No. 2 Act of 1960.<\/p>\n<p>3.\u2014(1) Where a person to whom a final pension has been granted under\u2014<\/p>\n<p>(a) section 26 of the Act of 1937,<\/p>\n<p>(b) section 6 of the Act of 1941,<\/p>\n<p>(c) section 6 of the Act of 1943, or<\/p>\n<p>(d) section 5 of the No. 2 Act of 1960,<\/p>\n<p>such person may, notwithstanding anything contained in the Acts, at any time in the first instance, and not earlier than two years after his first or most recent application (as the case may be) in any other instance, apply to the Minister to have the amount of his pension reviewed, provided that such person furnishes to the Minister sufficient medical evidence to show that the degree of his disablement is not less than eighty per cent.<\/p>\n<p>(2) The Minister may, if he is satisfied that special circumstances exist, permit a person to whom subsection (1) of this section applies to apply for a review of the amount of his pension before the expiration of two years after the first or most recent application (as the case may be) for such review.<\/p>\n<p>(3) Where a person makes an application under this section, the Minister may request the Army Pensions Board to re-examine that person and re-assess his degree of disablement and, upon such re-assessment being made the following provisions shall have effect\u2014<\/p>\n<p>(a) in case that person is at that time in actual receipt of the pension, then\u2014<\/p>\n<p>(i) if the degree of his disablement is found on such re-assessment to be not less than eighty per cent. the Minister may, if he so thinks fit, grant a pension of an amount appropriate to the degree of disablement so re-assessed, or<\/p>\n<p>(ii) if the degree of his disablement is found on such re-assessment to be less than fifty per cent., the Minister shall suspend the pension without prejudice however to the right of the person to make a further application under this section, or<\/p>\n<p>(b) in case the pension is at that time suspended under this section, then\u2014<\/p>\n<p>(i) if the degree of his disablement is found on such re-assessment to be less than eighty per cent. but not less than fifty per cent., the Minister may, if he so thinks fit, remove the suspension and grant a final pension under section 26 of the Act of 1937, section 6 of the Act of 1941, section 6 of the Act of 1943 or section 5 of the No. 2 Act of 1960, as the case may be, or<\/p>\n<p>(ii) if the degree of his disablement is found on such re-assessment to be less than fifty per cent., the pension shall continue to be suspended without prejudice however to the right of the person to make a further application under this section.<\/p>\n<p>(4) Every pension granted to a person under this section based on a degree of disablement of not less than eighty per cent. or removal of suspension of a pension under this section shall commence from such date (being not earlier than the date of the passing of this Act) as the Minister thinks fit, and every suspension of a pension under this section shall take effect from such date (being not earlier than the date of the re-assessment which resulted in such suspension) as the Minister thinks fit.<\/p>\n<p>(5) Where a final grant of pension to which subsection (1) of this section applies has been made to a person and that person is, on the re-assessment of the degree of his disablement under this section, granted a pension by virtue of subsection (3) of this section, the final grant of pension shall, as on and from the date on which the pension granted by virtue of subsection (3) of this section commences, be revoked.<\/p>\n<p>(6) A pension granted as a result of a re-assessment under this section in respect of disablement due to disease and based on a degree of disablement of not less than eighty per cent. shall be deemed to be a final grant of pension under the Act of 1927 or the Act of 1932, as the case may be.<\/p>\n<p>Revision of final pensions under the Act of 1937, the Act of 1946 and the No. 2 Act of 1960.<\/p>\n<p>4.\u2014(1) Where a person to whom a final pension has been granted under\u2014<\/p>\n<p>(a) section 28 or 29 of the Act of 1937,<\/p>\n<p>(b) section 12 of the Act of 1946, or<\/p>\n<p>(c) section 7 of the No. 2 Act of 1960,<\/p>\n<p>such person may, notwithstanding anything contained in the Acts, at any time in the first instance, and not earlier than two years after his first or most recent application (as the case may be) in any other instance, apply to the Minister to have the amount of his pension reviewed, provided that such person furnishes to the Minister sufficient medical evidence to show that the degree of his disablement is\u2014<\/p>\n<p>(i) in case the person is then in actual receipt of the pension, ten per cent, or more in excess of his previous degree of disablement, or<\/p>\n<p>(ii) in case the pension is then suspended under this section, not less than the relevant minimum.<\/p>\n<p>(2) The Minister may, if he is satisfied that special circumstances exist, permit a person to whom subsection (1) of this section applies to apply for a review of the amount of his pension before the expiration of two years after the first or most recent application (as the case may be) for such review.<\/p>\n<p>(3) Where a person makes an application under this section, the Minister may request the Army Pensions Board to re-examine that person and re-assess his degree of disablement and, upon such re-assessment being made the following provisions shall have effect\u2014<\/p>\n<p>(a) in case the person is at that time in actual receipt of the pension\u2014<\/p>\n<p>(i) if the degree of his disablement is found on such re-assessment to be greater than the previous degree of his disablement or less than the previous degree of his disablement but not less than the relevant minimum, the Minister may, if he so thinks fit, increase or reduce the pension to an amount appropriate to the degree of disablement so re-assessed, or<\/p>\n<p>(ii) if the degree of his disablement is found on such re-assessment to be less than the relevant minimum, the Minister shall suspend the pension, without prejudice however to the right of the person to make a further application under this section, or<\/p>\n<p>(b) in case the pension of the person is at that time suspended under this section, then\u2014<\/p>\n<p>(i) if the degree of his disablement is found on such re-assessment to be not less than the relevant minimum, the Minister may, if he so thinks fit, remove the suspension and fix the pension at an amount appropriate to the degree of disablement so re-assessed, or<\/p>\n<p>(ii) if the degree of his disablement is found on such re-assessment to be less than the relevant minimum, the pension shall continue to be suspended without prejudice however to the right of the person to make a further application under this section.<\/p>\n<p>(4) Every increase of a pension or removal of suspension of a pension under this section shall take effect from such date (being not earlier than the date of the passing of this Act) as the Minister thinks fit, and every decrease of a pension or suspension of a pension under this section shall take effect from such date (being not earlier than the date of the re-assessment which resulted in such decrease or suspension) as the Minister thinks fit.<\/p>\n<p>(5) References in this section to the previous degree of disablement of a person making an application under this section shall be construed as referring to the degree of disablement by reference to which the amount of the final grant of the pension was determined or, if the degree of disablement of the person was re-assessed under this section, to the degree of disablement as last so re-assessed before the making of the application.<\/p>\n<p>Review of awards of gratuities under the Act of 1923 and the Act of 1927.<\/p>\n<p>5.\u2014(1) Where\u2014<\/p>\n<p>(a) a person was awarded, before the passing of the Act of 1937, a gratuity under the Act of 1923 or the Act of 1927 in respect of a disablement due to a wound, and<\/p>\n<p>(b) in respect of whom the period of twelve months prescribed in section 10 (2) of the Act of 1937 has expired,<\/p>\n<p>such person may, notwithstanding anything contained in the Acts, make one final application to the Minister to have the amount of such award reviewed.<\/p>\n<p>(2) Where a person makes an application under this section, the Minister may request the Army Pensions Board to re-examine that person and re-assess his degree of disablement and, upon such re-assessment being made, if the degree of his disablement is found to be not less than twenty per cent., the Minister may, if he so thinks fit, award a pension of an amount appropriate to the degree of disablement so re-assessed.<\/p>\n<p>(3) Every pension granted by virtue of this section shall commence from such date (not being earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>(4) A pension granted to any person as a result of a re-assessment under this section shall be deemed to be a final grant of pension under the Act of 1923 or the Act of 1927, as the case may be.<\/p>\n<p>Review of awards of gratuities under the Act of 1932.<\/p>\n<p>6.\u2014(1) Where\u2014<\/p>\n<p>(a) a person to whom an award of gratuity in respect of disablement due to a wound was made under the Act of 1932, and<\/p>\n<p>(b) in respect of whom the period of five years prescribed in section 18 (2) of the Act of 1932 has expired,<\/p>\n<p>such person may, notwithstanding anything contained in the Acts, make one final application to the Minister to have the amount of such award reviewed.<\/p>\n<p>(2) Where a person makes an application under this section, the Minister may request the Army Pensions Board to re-examine that person and re-assess his degree of disablement and, upon such re-assessment being made, if the degree of his disablement is found to be not less than twenty per cent. the Minister may, if he so thinks fit, award a pension of an amount appropriate to the degree of disablement so re-assessed.<\/p>\n<p>(3) Every pension granted by virtue of this section shall commence from such date (not being earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>(4) A pension granted to any person as a result of a re-assessment under this section shall be deemed to be a final grant of pension under the Act of 1932.<\/p>\n<p>Review of awards of gratuities under the Act of 1927.<\/p>\n<p>7.\u2014(1) Where\u2014<\/p>\n<p>(a) before the passing of the Act of 1953, a person was awarded a gratuity under section 12 of the Act of 1927 in respect of disablement due to a wound received on or after the 3rd September, 1939 and the period of twelve months prescribed in section 49 (3) of the Act of 1953 has expired, or<\/p>\n<p>(b) on or after the passing of the Act of 1953, a person was or is awarded a gratuity under section 12 of the Act of 1927 in respect of disablement due to a wound and the period of five years prescribed in section 49 (2) of the Act of 1953 has expired,<\/p>\n<p>such person may, notwithstanding anything contained in the Acts, make one final application to the Minister to have the amount of such award reviewed.<\/p>\n<p>(2) Where a person makes an application under this section, the Minister may request the Army Pensions Board to re-examine that person and re-assess his degree of disablement and, upon such re-assessment being made, if the degree of disablement is found to be not less than twenty per cent. the Minister may, if he so thinks fit, grant a pension to that person of an amount appropriate to the degree of disablement so re-assessed.<\/p>\n<p>(3) Every pension granted to a person under this section shall commence from such date (being not earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>(4) A pension granted to any person as a result of a re-assessment under this section shall be deemed to be a final pension under the Act of 1927.<\/p>\n<p>Right of review when disability due to disease is less than fifty per cent.<\/p>\n<p>8.\u2014(1) Where a person to whom a grant of a pension under\u2014<\/p>\n<p>(a) section 26 of the Act of 1937,<\/p>\n<p>(b) section 6 of the Act of 1941,<\/p>\n<p>(c) section 6 of the Act of 1943, or<\/p>\n<p>(d) section 5 of the No. 2 Act of 1960,<\/p>\n<p>was or is refused solely on the ground that his degree of disablement was less than fifty per cent. such person may, at any time in the first instance, and not earlier than two years after his first or most recent application (as the case may be) in any other instance, apply to the Minister to have his application for a pension reviewed provided that such person furnishes to the Minister sufficient medical evidence to show that the degree of his disablement is not less than fifty per cent.<\/p>\n<p>(2) The Minister may, if he is satisfied that special circumstances exist, permit a person to whom subsection (1) of this section applies to apply for a review of his application for a pension before the expiration of two years after the first or most recent application (as the case may be) for such review.<\/p>\n<p>(3) Where a person makes an application under this section, the Minister may request the Army Pensions Board to re-examine that person and re-assess his degree of disablement.<\/p>\n<p>(4) If the degree of disablement of that person is found on a re-assessment under this section to be not less than eighty per cent. the Minister may, if he so thinks fit, grant a pension of an amount appropriate to the degree of disablement so re-assessed.<\/p>\n<p>(5) A pension granted to any person as a result of a re-assessment under this section in respect of disablement due to disease and based on a degree of disablement of not less than eighty per cent. shall be deemed to be a final grant of pension under the Act of 1927 or the Act of 1932, as the case may be.<\/p>\n<p>(6) If the degree of disablement of the applicant is found on a re-assessment under this section to be less than eighty per cent. but not less than fifty per cent. the Minister may, if he so thinks fit, grant to that person a final pension under section 26 of the Act of 1937, section 6 of the Act of 1941, section 6 of the Act of 1943 or section 5 of the No. 2 Act of 1960, as the case may be.<\/p>\n<p>(7) Every pension granted to a person under this section shall commence from such date (being not earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>Right of review when disability aggravated etc. by service is less than the relevant minimum.<\/p>\n<p>9.\u2014(1) Where a person to whom a grant of a pension under\u2014<\/p>\n<p>(a) section 28 or 29 of the Act of 1937,<\/p>\n<p>(b) section 12 of the Act of 1946, or<\/p>\n<p>(c) section 7 of the No. 2 Act of 1960,<\/p>\n<p>was or is refused solely on the ground that his degree of disablement was or is less than the relevant minimum, such person may, at any time, in the first instance, and not earlier than two years after his first or most recent application (as the case may be) in any other instance, apply to the Minister to have his application for a pension reviewed, provided that such person furnishes to the Minister sufficient medical evidence to show that the degree of his disablement is not less than the relevant minimum.<\/p>\n<p>(2) The Minister may, if he is satisfied that special circumstances exist, permit a person to whom subsection (1) of this section applies to apply for a review of his application for a pension before the expiration of two years after the first or most recent application (as the case may be) for such review.<\/p>\n<p>(3) Where a person makes an application under this section the Minister may request the Army Pensions Board to re-examine that person and re-assess his degree of disablement.<\/p>\n<p>(4) If the degree of disablement of that person is found on a re-assessment under this section to be not less than the relevant minimum, the Minister may, if he so thinks fit, grant a pension of an amount appropriate to the degree of disablement so re-assessed.<\/p>\n<p>(5) Every pension granted to a person by virtue of this section shall commence from such date (being not earlier than the date of the passing of this Act) as the Minister may determine.<\/p>\n<p>Amendment of sections 14 and 15 of the Act of 1927 and section 11 of the Act of 1968.<\/p>\n<p>10.\u2014(1) Sections 14 (6) and 15 (4) of the Act of 1927 and section 11 (1) of the Act of 1968, are each hereby amended by the substitution for \u201cmarriage allowance as a married soldier\u201d of \u201ca married rate of pay in accordance with Defence Force Regulations\u201d.<\/p>\n<p>(2) In this section \u201cDefence Force Regulations\u201d means regulations made by the Minister under section 97 of the Defence Act, 1954 .<\/p>\n<p>(3) This section shall be deemed to have come into operation on the 1st day of June, 1969.<\/p>\n<p>Extension of Army Pensions Act, 1971.<\/p>\n<p>11.\u2014(1) The widow of a person who\u2014<\/p>\n<p>(a) had been granted a certificate of military service under the Military Service Pensions Act, 1924 , but was disqualified from being awarded a pension under that Act by reason of being a serving member of the forces,<\/p>\n<p>(b) died while serving in the forces, and<\/p>\n<p>(c) would have been eligible for the award of a pension under that Act, if he had not so died, but had been discharged from the forces,<\/p>\n<p>shall be deemed to be a widow to whom section 1 (1) of the Army Pensions Act, 1971 , applies.<\/p>\n<p>(2) This section shall be deemed to have come into operation on the 1st day of October, 1971.<\/p>\n<p>Repeal of section 7 (2) of Army Pensions Act, 1949, and section 10 of the Act of 1968.<\/p>\n<p>12.\u2014(1) Section 7 (2) of the Army Pensions Act, 1949 , and section 10 of the Act of 1968 are hereby repealed.<\/p>\n<p>(2) This section shall be deemed to have come into operation on the 29th day of August, 1970.<\/p>\n<p>Short title and collective citation.<\/p>\n<p>13.\u2014(1) This Act may be cited as the Army Pensions Act, 1973.<\/p>\n<p>(2) The Army Pensions Acts, 1923 to 1971, and this Act may be cited together as the Army Pensions Acts, 1923 to 1973.<\/p>\n<h2>ARMY PENSIONS ACT, 1980<\/h2>\n<p>AN ACT TO PROVIDE FOR THE GRANTING OF ALLOWANCES TO THE WIDOWS OF SPECIAL ALLOWANCE HOLDERS UNDER THE ARMY PENSIONS ACT, 1943 OR THE ARMY PENSIONS ACT, 1953 , AND TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1973. [2nd July, 1980]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Definitions.<\/p>\n<p>1.\u2014In this Act\u2014<\/p>\n<p>\u201cthe Acts\u201d means the Army Pensions Acts, 1923 to 1973;<\/p>\n<p>\u201cthe Act of 1923\u201d means the Army Pensions Act, 1923 ;<\/p>\n<p>\u201cthe Act of 1927\u201d means the Army Pensions Act, 1927 ;<\/p>\n<p>\u201cthe Act of 1943\u201d means the Army Pensions Act, 1943 ;<\/p>\n<p>\u201cthe Act of 1949\u201d means the Army Pensions Act, 1949 ;<\/p>\n<p>\u201cthe Act of 1953\u201d means the Army Pensions Act, 1953 ;<\/p>\n<p>\u201cthe Act of 1959\u201d means the Army Pensions Act, 1959 ;<\/p>\n<p>\u201cthe Act of 1968\u201d means the Army Pensions Act, 1968 .<\/p>\n<p>Allowances to widows of persons granted special allowances.<\/p>\n<p>2.\u2014(1) The Minister may grant an allowance of \u00a3185 per annum to the widow (provided she has not remarried) of a person who dies (whether before or after the passing of this Act) while in receipt of a special allowance granted under the Act of 1943 or the Act of 1953.<\/p>\n<p>(2) Where a person (whether before or after the passing of this Act)\u2014<\/p>\n<p>(a) applied for the grant of a special allowance and died before such grant could be made,<\/p>\n<p>(b) whose award of a special allowance was being reviewed, died before such review was completed,<\/p>\n<p>(c) whose payment of a special allowance was suspended, died before the restoration of the allowance,<\/p>\n<p>and the Minister is satisfied that, but for the death of that person, he would have complied with the statutory conditions for the grant, further grant or restoration, as the case may be, of a special allowance, the Minister may declare the widow of such person to be a widow to whom subsection (1) of this section applies.<\/p>\n<p>(3) Every allowance granted to a widow under subsection (1) of this section shall be payable from\u2014<\/p>\n<p>(a) the 1st day of July, 1980, or<\/p>\n<p>(b) the day following the date of death of her husband, whichever is the later.<\/p>\n<p>(4) Where (whether before or after the passing of this Act)\u2014<\/p>\n<p>(a) a person dies who, at any time prior to his death, was granted a special allowance under the Act of 1943 or the Act of 1953, and<\/p>\n<p>(b) the special allowance so granted was terminated on the grounds that his yearly means exceeded the appropriate annual sum prescribed in the Acts or in the Army Pensions (Increase) Regulations made thereunder,<\/p>\n<p>the Minister may grant to the widow (provided she has not remarried) an allowance of \u00a3185 per annum if her yearly means do not equal or exceed the appropriate annual sum prescribed in the Army Pensions (Increase) Regulations made under the Acts for the award of a special allowance.<\/p>\n<p>(5) Every allowance granted to a widow under subsection (4) of this section shall be payable from such date (being not earlier than the 1st day of July, 1980) as the Minister may determine.<\/p>\n<p>(6) If a widow to whom an allowance is granted under this section remarries, the allowance shall be terminated from the date of her remarriage.<\/p>\n<p>(7) Every application for an allowance under this section shall be in such form and contain such particulars as the Minister may require.<\/p>\n<p>(8) Sections 9 to 12 and section 14 of the Act of 1923, and subsections (1), (2) and (5) of sections 2 and 13 of the Act of 1949, shall apply, in relation to an allowance granted under this section, as if that allowance were an allowance mentioned in any of the said sections.<\/p>\n<p>Deductions from allowances.<\/p>\n<p>3.\u2014(1) There may be deducted from any allowance payable to a widow under section 2 of this Act, any overpayment of a special allowance which may have been made to the widow&#8217;s former husband.<\/p>\n<p>(2) Whenever a deduction is to be made from an allowance pursuant to subsection (1) of this section, payment of the allowance may be withheld until the amount of the deduction has been ascertained.<\/p>\n<p>Provision against double allowance.<\/p>\n<p>4.\u2014Whenever a widow to whom section 2 of this Act applies is qualified for the payment of an allowance under the Acts which would be higher than the allowance payable under the said section 2, no allowance shall be payable to such widow under the said section 2.<\/p>\n<p>Allowances to certain widows and children.<\/p>\n<p>5.\u2014(1) Where a married officer or a married soldier\u2014<\/p>\n<p>(a) is killed (whether before or after the passing of this Act) in the course of his duty as a member of the forces or in circumstances attributable to his service in the forces, or<\/p>\n<p>(b) receives (whether before or after the passing of this Act) while serving in the forces a wound attributable to such service and dies within four years after receiving such wound in circumstances attributable solely to the wound,<\/p>\n<p>the widow of such officer or soldier (provided she has not remarried) and his children (if any) shall be entitled to an allowance calculated in accordance with subsection (2) of this section.<\/p>\n<p>(2) A widow, who is entitled to an allowance under this section, shall be paid an amount equal to one-half of her husband&#8217;s annual pay at the date of his death or discharge and every child who is entitled to such an allowance shall be paid an amount equal to\u2014<\/p>\n<p>(a) if his mother is alive, 131\/3 per cent of his father&#8217;s annual pay at the date of his death or discharge,<\/p>\n<p>or<\/p>\n<p>(b) if his mother is dead, 26\u2154 per cent of his father&#8217;s annual pay at the date of his death or discharge:<\/p>\n<p>Provided that the total of the allowances payable in respect of the children in any case shall not exceed forty per cent of the deceased officer&#8217;s or soldier&#8217;s, as the case may be, annual pay at the date of his death or discharge.<\/p>\n<p>(3) Where an allowance is granted to a widow or to a child under subsection (1) of this section\u2014<\/p>\n<p>(a) no pension shall be payable to the widow or to the child under the contributory pensions schemes administered by the Minister for the benefit of the widows and children of deceased officers and soldiers and any contributions deducted from the pay of the deceased officer or soldier, as the case may be, under those schemes shall be refunded to the next of kin of such officer or soldier and there shall be no liability under those schemes for lump sum deductions;<\/p>\n<p>(b) no pension shall be payable to the widow or to the child under the ex-gratia pension scheme administered by the Minister for the benefit of the widows and children of deceased soldiers;<\/p>\n<p>(c) no pension shall be payable to the widow or to the child of a deceased officer under Article 20 of the Defence Forces (Pensions) Scheme, 1937;<\/p>\n<p>(d) no allowance shall be payable to the widow or to the child under section 15 (2) of the Act of 1927.<\/p>\n<p>(4) Sections 9 to 14 of the Act of 1923, sections 7, 15 (3) and 21 of the Act of 1927, section 2 of the Act of 1949 and section 13 of the Act of 1959 shall apply to an allowance granted under this section.<\/p>\n<p>(5) In this section\u2014<\/p>\n<p>\u201cchild\u201d means a person who is under the age of 16 years or, if such person is pursuing a full-time course of education, a child who is under the age of 21 years.<\/p>\n<p>\u201cannual pay at the date of his death or discharge\u201d means such annual pay as adjusted from time to time and reflected in the Army Pensions (Increase) Regulations made under section 7 of the Act of 1968.<\/p>\n<p>(6) This section shall be deemed to have come into operation on the 1st day of March, 1975.<\/p>\n<p>Time limits for making applications under the Acts.<\/p>\n<p>6.\u2014(1) Notwithstanding anything contained in the Acts, any person, to whom a pension, allowance or gratuity could not be granted solely on the grounds that an application was not made within the time limit prescribed in the Acts, may renew his application for such pension, allowance or gratuity, as the case may be, provided that such renewed application is made within twelve months after the passing of this Act.<\/p>\n<p>(2) Any person whose application for a pension, allowance or gratuity under the Acts was refused, before the passing of this Act, on grounds other than the ground that an application was not made within the prescribed time, shall not, by virtue of subsection (1) of this section, be entitled to renew such application.<\/p>\n<p>(3) Notwithstanding anything contained in any other enactment, a pension, allowance or gratuity granted by virtue of this section shall commence from such date as the Minister may determine.<\/p>\n<p>Regulations.<\/p>\n<p>7.\u2014(1) Whenever the Minister for the Public Service approves of\u2014<\/p>\n<p>(a) increases in pensions (including further or married pensions) and allowances under the Acts, whether or not the pension or allowance is in course of payment;<\/p>\n<p>(b) increases in any gratuity or appropriate annual sum under the Acts;<\/p>\n<p>(c) the relaxation of conditions for the review or for the grant of pensions, allowances and gratuities under the Acts;<\/p>\n<p>(d) the extension of time limits for the receipt of applications under the Acts;<\/p>\n<p>(e) the introduction of new benefits, whether by way of pensions, allowances or gratuities under the Acts;<\/p>\n<p>(f) any consequential amendments of any of the Acts which are necessary as a result of any provision of regulations under this section;<\/p>\n<p>the Minister may, with the consent of the Minister for the Public Service, make regulations providing for the appropriate provisions.<\/p>\n<p>(2) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which the House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything done thereunder.<\/p>\n<p>(3) Regulations under this section may be deemed to commence from such date (not being earlier than the 2nd day of December, 1974) as the Minister may determine.<\/p>\n<p>Repeal.<\/p>\n<p>8.\u2014(1) Section 3 (4) of the Act of 1968 is hereby repealed.<\/p>\n<p>(2) Subsection (1) of this section shall be deemed to have come into operation on the 11th day of June, 1968.<\/p>\n<p>Short title and collective citation.<\/p>\n<p>9.\u2014(1) This Act may be cited as the Army Pensions Act, 1980.<\/p>\n<p>(2) The Army Pensions Acts, 1923 to 1973, and this Act may be cited together as the Army Pensions Acts, 1923 to 1980.<\/p>\n<p>Acts Referred to<\/p>\n<p>Army Pensions Act, 1923<\/p>\n<p>1923, No. 26<\/p>\n<p>Army Pensions Act, 1927<\/p>\n<p>1927, No. 12<\/p>\n<p>Army Pensions Act, 1943<\/p>\n<p>1943, No. 14<\/p>\n<p>Army Pensions Act, 1949<\/p>\n<p>1949, No. 19<\/p>\n<p>Army Pensions Act, 1953<\/p>\n<p>1953, No. 23<\/p>\n<p>Army Pensions Act, 1959<\/p>\n<p>1959, No. 15<\/p>\n<p>Army Pensions Act, 1968<\/p>\n<p>1968, No. 12<\/p>\n<p>Army Pensions Act, 1923 to 1973<\/p>\n<p>&nbsp;<\/p>\n<p>Short title, construction and collective citation.<\/p>\n<p>4.\u2014(1) This Act may be cited as the Defence Forces (Pensions) (Amendment) Act, 1949.<\/p>\n<p>(2) The Defence Forces (Pensions) Acts, 1932 and 1938, and this Act may be cited together as the Defence Forces (Pensions) Acts, 1932 to 1949, and shall be construed as one.<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-26989\" data-postid=\"26989\" class=\"themify_builder_content themify_builder_content-26989 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Army Pensions Army pension entitlements are laid down in extensive legislation.\u00a0 This is relatively unusual in the public sector.\u00a0 More commonly, the major public service schemes are made under more general legislation. An application for a pension is made to the Minister for Defence, and the matter is referred to the Army Pension Board.\u00a0 The [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[147],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/26989"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=26989"}],"version-history":[{"count":9,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/26989\/revisions"}],"predecessor-version":[{"id":35518,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/26989\/revisions\/35518"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=26989"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=26989"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=26989"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}