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15 1937

ARMY PENSIONS ACT, 1937

PART VII.

Special dependants' allowances and special gratuities.

Special dependants' Allowances.

Deceased persons in respect of whom this Part of this Act applies.

34. —This 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:—

(a) such person was killed while engaged in military service and was so killed in circumstances attributable to such military service;

(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;

(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;

(d) such person—

(i) was engaged in post-truce military service (either in addition to or without pre-truce military service), and

(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.

“Dependant relatives.”

35. —In this Part of this Act—

the expression “dependant relative” when used in relation to a deceased person in respect of whom this Part of this Act applies means a person—

(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

(b) who either—

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

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

Yearly means of dependant relatives.

36. —For 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.

Allowance to certain relatives of deceased members of organisations to which Part II of the Act of 1932 applies.

37. —(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's allowance) to any person in whose case the Minister and the Minister for Finance are satisfied that the statutory conditions are complied with.

(2) A dependant'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.

(3) For the purposes of this section the statutory conditions for the grant of a dependant's allowance to a person shall be—

(a) that such person is a dependant relative of a deceased person in respect of whom this Part of this Act applies; and

(b) that such a person is not in receipt of an allowance under the Acts; and

(c) that no other individual is in receipt of a dependant's allowance or an allowance under the Acts in respect of such deceased person; and

(d) that the yearly means of such person do not equal or exceed forty pounds.

(4) A dependant'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.

(5) Every dependant's allowance shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine.

Applications for dependants' allowances.

38. —(1) The following provisions shall apply in respect of applications for a dependant's allowance, that is to say:—

(a) every application shall be in such form and contain such particulars as the Minister may require,

(b) every application by a dependant relative of a person in respect of whom this Part of this Act applies shall—

(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,

(ii) if such relative is a brother or sister of such deceased person, be made within five years after the said date.

(2) Save as otherwise provided by this Part of this Act, no application for a dependant'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.

Reference of applications for dependants' allowances to the Military Service Registration Board and the Army Pensions Board.

39. —(1) Every application for a dependant'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.

(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'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.

(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'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:—

(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;

(b) in case it appeared from such certificate, as originally issued, that such deceased person was a qualified person and a dependant'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.

Revision of dependants' allowances.

40. —(1) A dependant'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.

(2) If any person from whom a dependant's allowance has been withdrawn under the provisions of the immediately preceding sub-section, or to whom a dependant'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's allowance or an increased dependant'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.

Special Gratuities.

Ex-gratia payment to certain persons wounded or injured.

41. —(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:—

(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—

(i) by reason of the fact that such person was keeping arms the property of any of the said organisations, or

(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;

(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.

(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.

Applications for special gratuities.

42. —(1) The following provisions shall apply in respect of applications for special gratuities, that is to say:—

(a) every application shall be in such form and contain such particulars as the Minister may require,

(b) every application shall be made before the 1st day of July, 1938.

(2) No application for a special gratuity which has been refused shall be reviewed after the 30th day of June, 1938.

Reference of applications for special gratuities to the-Army Pensions Board.

43. —Every application for a special gratuity shall be referred by the Minister to the Army Pensions Board.

Provisions relating to Dependants' Allowances and Special Gratuities.

Report by Army Pensions Board on applications for dependents' allowances and special gratuities.

44. —(1) Whenever an application for a dependant'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.

(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.

Application of certain sections of Acts of 1923 and 1927.

45. —(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' 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.

(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.

(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.