Next (FIRST SCHEDULE.)

6 1961

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Number 6 of 1961.


ARMY PENSIONS (INCREASE) ACT, 1961.


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

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

3.

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

4.

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

5.

Amendment of Second Schedule to the Act of 1923.

6.

Amendment of Third Schedule to the Act of 1923.

7.

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

8.

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

9.

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

10

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

11.

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

12.

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

13.

Amendment of Sixth Schedule to the Act of 1927.

14.

Amendment of Seventh Schedule to the Act of 1927.

15.

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

16.

Amendment of Second Schedule to the Act of 1932.

17.

Increase of allowances to certain relatives of Signatories to the Proclamation published on Easter Monday, 1916.

18.

Increase of pensions under section 26 of the Act of 1937.

19.

Increase of pensions under sections 28 and 29 of the Act of 1937.

20.

Increase of dependants' allowances under section 37 of the Act of l937.

21.

Increase of pensions under section 6 of the Act of 1941.

22.

Increase of pensions under section 4 of the Act of 1943.

23.

Increase of pensions under section 6 of the Act of 1943.

24.

Amendment of section 7 of the Act of 1943.

25.

Increase of pensions under section 12 of the Act of 1946.

26.

Increase of allowances under section 4 of the Act of 1953.

27.

Increase of allowances to certain children of Signatories to the Proclamation published on Easter Monday, 1916.

28.

Commencement.

29.

Short title and collective citation.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

FIFTH SCHEDULE

SIXTH SCHEDULE


Acts Referred to

Army Pensions Act, 1923

1923, No. 26

Army Pensions Act, 1927

1927, No. 12

Army Pensions Act, 1932

1932, No. 24

Army Pensions Act, 1937

1937, No. 15

Army Pensions Act, 1941

1941, No. 2

Army Pensions Act, 1943

1943, No. 14

Army Pensions Act, 1946

1946, No. 3

Army Pensions Act, 1949

1949, No. 19

Army Pensions Act, 1953

1953, No. 23

Army Pensions Act, 1957

1957, No. 19

Army Pensions Act, 1959

1959, No. 15

Army Pensions Act, 1960

1960, No. 2

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Number 6 of 1961.


ARMY PENSIONS (INCREASE) ACT, 1961.


AN ACT TO INCREASE RETROSPECTIVELY CERTAIN PENSIONS AND ALLOWANCES PAYABLE UNDER THE ARMY PENSIONS ACTS, 1923 TO 1960. [21st March, 1961.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Interpretation.

1. —(1) In this Act—

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

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

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

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

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

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

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

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

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

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

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

the Act of 1960” means the Army Pensions Act, 1960 ;

the Acts” means the Army Pensions Acts, 1923 to 1960, but does not include this Act;

the April, 1922-September, 1924, period” means the period which commenced on the 1st day of April, 1922, and ended on the 30th day of September, 1924.

(2) This Act shall be construed as one with the Acts.

(3) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.

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

2. —(1) A wound pension granted under section 1 of the Act of 1923 to an officer discharged from the forces before the 1st day of October, 1924, which under the Acts is payable at the rate mentioned in column (2) of the First Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of that Schedule at that reference number.

(2) The amount of a wound pension granted under section 1 of the Act of 1923 to an officer discharged from the forces on or after the 1st day of October, 1924, and before the 1st day of September, 1949, shall be the amount payable under the Acts in respect of such wound pension increased by seven and one-half per cent.

(3) A wound pension granted under section 1 of the Act of 1923 to a soldier which under the Acts is payable at the rate mentioned in column (2) of the Second Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of that Schedule at that reference number.

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

3. —(1) A wound pension granted under section 3 of the Act of 1923 to a person deemed to have held the rank of officer in the forces which under the Acts is payable at the rate mentioned in column (2) of the First Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of that Schedule at that reference number.

(2) A wound pension granted under section 3 of the Act of 1923 to a person deemed to have held the rank of soldier in the forces which under the Acts is payable at the rate mentioned in column (2) of the Second Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of that Schedule at that reference number.

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

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

Amendment of Second Schedule to the Act of 1923.

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

(a) in paragraph 1, “£172” shall be substituted for “£160” (inserted by section 5 of the Act of 1960),

(b) in paragraphs 2 and 3, “£47. 10s.” and “£78. 10s.” shall be substituted for “£44” and “£73” (inserted by section 5 of the Act of 1960) respectively, and

(c) in paragraph 5, “£1. 19s. 3d.” shall be substituted for “£1. 16s. 6d.” (inserted by section 5 of the Act of 1960).

Amendment of Third Schedule to the Act of 1923.

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

(a) in paragraph 1, “£1. 14s. 6d.” shall be substituted for “£1. 12s. 0d.” (inserted by section 6 of the Act of 1960),

(b) in paragraph 2, “10s. 0d.”, “6s. 9d.” and “17s. 0d.” shall be substituted for “9s. 3d.”, “6s. 3d.” and “15s. 9d.” (inserted by section 6 of the Act of 1960) respectively, and

(c) in paragraph 4, “£1. 9s. 6d.” shall be substituted for “£1. 7s. 6d.” (inserted by section 6 of the Act of 1960).

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

7. —(1) A disability pension granted under subsection (1) of section 9 of the Act of 1927 to an officer which under the Acts is payable at the rate mentioned in column (2) of the First Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of that Schedule at that reference number.

(2) A disability pension granted under subsection (1) of section 9 of the Act of 1927 to a soldier which under the Acts is payable at the rate mentioned in column (2) of the Second Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of that Schedule at that reference number.

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

8. —(1) The amount of a disability pension granted under subsection (1) of section 10 of the Act of 1927 to an officer discharged from the forces before the 2nd day of November, 1955, shall be determined in accordance with the provisions set out in the Third Schedule to this Act.

(2) A disability pension granted under subsection (1) of section 10 of the Act of 1927 to a soldier suffering at the date of his discharge from the forces from a disablement caused by disease attributable to service in the forces during the April, 1922-September, 1924, period shall, in lieu of being payable at the rate specified in that behalf in those provisions of the Fourth Schedule to the Act of 1960 which are applicable to his case, be payable at the increased rate specified in that behalf in those provisions of the Fourth Schedule to this Act which are applicable to his case.

(3) A disability pension granted under subsection (1) of section 10 of the Act of 1927 to a soldier who was at the date of his discharge from the forces suffering from a disablement caused by disease attributable to service in the forces during the emergency period and which under the Acts is payable at the rate mentioned in column (2) of the Second Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of that Schedule at that reference number.

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

9. —(1) A wound pension granted under subsection (1) of section 11 of the Act of 1927 to an officer which under the Acts is payable at the rate mentioned in column (2) of the First Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of that Schedule at that reference number.

(2) A wound pension granted under subsection (1) of section 11 of the Act of 1927 to a soldier which under the Acts is payable at the rate mentioned in column (2) of the Second Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of that Schedule at that reference number.

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

10. —(1) The amount of a wound pension granted under subsection (1) of section 12 of the Act of 1927 to an officer discharged from the forces before the 2nd day of November, 1955, shall be determined in accordance with the provisions set out in the Third Schedule to this Act.

(2) A wound pension granted under subsection (1) of section 12 of the Act of 1927 to a soldier who was discharged from the forces before the 30th day of July, 1949, and who at the date of his discharge was suffering from a disablement due to a wound attributable to service in the forces other than during the emergency period shall, in lieu of being payable at the rate specified in that behalf in those provisions of the Fourth Schedule to the Act of 1960 which are applicable to his case, be payable at the increased rate specified in that behalf in those provisions of the Fourth Schedule to this Act which are applicable to his case.

(3) A wound pension granted under subsection (1) of section 12 of the Act of 1927 to a soldier who was discharged from the forces before the 30th day of July, 1949, and who at the date of his discharge was suffering from a disablement due to a wound attributable to service in the forces during the emergency period and which under the Acts is payable at the rate mentioned in column (2) of the Second Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of that Schedule at that reference number.

(4) The First Schedule to the Act of 1949 (which specifies the amount of a wound pension payable under section 12 of the Act of 1927 to persons discharged from the forces on or after the 30th day of July, 1949) is hereby amended by the substitution for Part II (inserted by subsection (4) of section 10 of the Act of 1960) of the following:

“PART II.

Wound PensionsSoldiers.

Degree of Disablement

Rate of Pension per week

per cent.

£

s.

d.

100

3

17

6

90

3

12

3

80

3

4

6

70

2

16

9

60

2

9

6

50

2

1

6

40

1

13

0

30

1

4

9

20

16

6

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

11. —(1) A disability pension granted under subsection (1) of section 13 of the Act of 1927 to an officer discharged from the forces before the 1st day of October, 1924, or to a person determined to have been an officer which under the Acts is payable at the rate mentioned in column (2) of the First Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of that Schedule at that reference number.

(2) The amount of a disability pension granted under subsection (1) of section 13 of the Act of 1927 to an officer discharged from the forces on or after the 1st day of October, 1924, and before the 2nd day of November, 1955, shall be the amount payable under the Acts in respect of such disability pension increased by—

(a) in case such officer was discharged from the forces before the 1st day of September, 1949—seven and one-half percent., or

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

(3) A disability pension granted under subsection (1) of section 13 of the Act of 1927 to a soldier discharged from the forces before the 1st day of October, 1924, or to a person determined to have been a soldier which under the Acts is payable at the rate mentioned in column (2) of the Second Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of that Schedule at that reference number.

(4) A disability pension granted under subsection (1) of section 13 of the Act of 1927 to a soldier discharged from the forces on or after the 1st day of October, 1924, shall, in lieu of being payable at the rate specified in that behalf in those provisions of the Fourth Schedule to the Act of 1960 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.

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

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

Amendment of Sixth Schedule to the Act of 1927.

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

(a) in paragraph 1 of Part I, “£172” shall be substituted for “£160” (inserted by section 13 of the Act of 1960),

(b) in paragraphs 2 and 3 of Part I, “£47 10s.” and “£78 10s.” shall be substituted for “£44” and “£73” (inserted by section 13 of the Act of 1960) respectively,

(c) in paragraph 1 of Part II, “£1 14s. 6d.” shall be substituted for “£1 12s.” (inserted by section 13 of the Act of 1960) and

(d) in paragraph 2 of Part II, “10s. 0d.”, “6s. 9d.” and “17s. 0d.” shall be substituted for “9s. 3d.”, “6s. 3d.” and “15s. 9d.” (inserted by section 13 of the Act of 1960) respectively.

Amendment of Seventh Schedule to the Act of 1927.

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

(a) in Part I (inserted by subsection (1) of section 14 of the Act of 1960) “£117 10s.”, “£172”, “£214 10s.”, “£35 10s.” and “£65 10s.” shall be substituted for “£109 10s.”, “£160”, “£199 10s.”, “£33” and “£61”, respectively,

(b) in Part II (inserted by subsection (1) of section 14 of the Act of 1960) “£1 4s. 6d.”, “9s. 3d.” and “18s. 3d.” shall be substituted for “22s. 9d.”, “8s. 6d.” and “17s. 0d.”, respectively.

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

(3) Part III of the Seventh Schedule to the Act of 1927 (inserted by subsection (5) of section 5 of the Act of 1943), as amended by subsection (3) of section 14 of the Act of 1960, shall be construed as if “£102 10s.” were substituted in paragraph 6 for “£95 10s.”

(4) 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 (4) of section 14 of the Act of 1960, shall be construed as if “£51” were substituted in paragraph 6 for “£47 10s.”

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

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

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

Amendment of Second Schedule to the Act of 1932.

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

(a) in paragraph 1 of Part I, “£132” shall be substituted for “£123” (inserted by section 16 of the Act of 1960),

(b) in paragraphs 2 and 3 of Part I, “£35 10s.” and “£59” shall be substituted for “£33” and “£55” (inserted by section 16 of the Act of 1960) respectively, and

(c) in paragraph 5 of Part II, “£1 9s. 6d.” shall be substituted for “27s. 6d.” (inserted by section 16 of the Act of 1960).

Increase of allowances to certain relatives of Signatories to the Proclamation published on Easter Monday, 1916.

17. —(1) Subsection (1) of section 3 of the Act of 1937 is hereby amended by the substitution in paragraph (a) (which relates to the allowance payable to the widow (if any) of a Signatory to the Proclamation published on Easter Monday, 1916) of “six hundred and four pounds” for “five hundred and sixty-one pounds and sixteen shillings” (inserted by section 17 of the Act of 1960).

(2) Subsection (1) of section 3 of the Act of 1937 is hereby further amended by the substitution in paragraph (c) (which relates to the allowance payable to each sister of such Signatory) of “two hundred and sixty-two pounds and ten shillings” for “two hundred and fifty pounds” (inserted by section 13 of the Act of 1953).

Increase of pensions under section 26 of the Act of 1937.

18. —(1) Every final pension under section 26 of the Act of 1937 which is payable at the rate of one pound seven shillings and sixpence per week shall be payable at the rate of one pound nine shillings and sixpence per week.

(2) Every final pension under section 26 of the Act of 1937 which is payable at the rate of one pound sixteen shillings and sixpence per week shall be payable at the rate of one pound nineteen shillings and threepence per week.

Increase of pensions under sections 28 and 29 of the Act of 1937.

19. —Section 28 and section 29 of the Act of 1937 (which provide for pensions to former members of the forces and members of certain organisations in respect of wounds or disease aggravated by service) shall have effect as if, for the Schedule to that Act, there were substituted the Sixth Schedule to this Act.

Increase of dependants' allowances under section 37 of the Act of 1937.

20. —In subsection (2) and in paragraph (d) of subsection (3) of section 37 of the Act of 1937 (which provides for allowances to certain relatives of deceased members of certain organisations) “seventy eight pounds and ten shillings” shall be substituted for “seventy three pounds” (inserted by section 20 of the Act of 1960).

Increase of pensions under section 6 of the Act of 1941.

21. —(1) Every final pension under section 6 of the Act of 1941 which is payable at the rate of one pound seven shillings and sixpence per week shall be payable at the rate of one pound nine shillings and sixpence per week.

(2) Every final pension under section 6 of the Act of 1941 which is payable at the rate of one pound sixteen shillings and sixpence per week shall be payable at the rate of one pound nineteen shillings and threepence per week.

Increase of pensions under section 4 of the Act of 1943.

22. —There shall be substituted for the Schedule (inserted by section 22 of the Act of 1960) to section 4 of the Act of 1943 (which extends certain provisions of the Act of 1927 to members of the Army Nursing Service), the following—

“SCHEDULE

Scale of Disability Pensions and Wound Pensions for Members of the Army Nursing Service.

Degree of Disablement

Scale of Pension

£

s.

d.

100

per

cent.

202

10

0

per

annum

90

189

10

0

80

169

0

0

70

149

0

0

60

130

0

0

50

108

0

0

40

86

10

0

30

65

0

0

20

43

10

0

Increase of pensions under section 6 of the Act of 1943.

23. —(1) Every final pension under section 6 of the Act of 1943 which is payable at the rate of one pound seven shillings and sixpence per week shall be payable at the rate of one pound nine shillings and sixpence per week.

(2) Every final pension under section 6 of the Act of 1943 which is payable at the rate of one pound sixteen shillings and sixpence per week shall be payable at the rate of one pound nineteen shillings and three pence per week.

Amendment of section 7 of the Act of 1943.

24. —(1) For the purposes of section 7 of the Act of 1943, as amended by subsections (1), (2) and (3) of section 41 of the Act of 1953—

(a) the expression “the appropriate annual sum” means, in respect of a person whose age is seventy years or more—

(i) in relation to a single man or woman or to a widower or widow with no children, £91,

(ii) in relation to a widower or widow who has children, the sum of the following amounts, namely, £91 and £11. 14s. in respect of each child,

(iii) in relation to a married man or woman whose spouse is living and who has no children and who is in receipt of an old age (contributory) pension under the Social Welfare Acts, 1952 to 1960, or whose spouse is in receipt of such pension or of an old age (non-contributory) pension or a blind pension under the Old Age Pensions Acts, 1908 to 1960, £110.10s.,

(iv) in relation to any other married man or woman whose spouse is living and who has no children, £134,

(v) in relation to a married man or woman whose spouse is living and who has children and who is in receipt of an old age (contributory) pension under the Social Welfare Acts, 1952 to 1960, or whose spouse is in receipt of such pension or of an old age (non-contributory) pension or a blind pension under the Old Age Pensions Acts, 1908 to 1960, the sum of the following amounts, namely, £110. 10s. and £11. 14s. in respect of each child,

(vi) in relation to any other married man or woman whose spouse is living and who has children, the sum of the following amounts, namely, £134 and £11. 14s. in respect of each child;

(b) the expression “the appropriate annual sum” means, in respect of a person whose age is less than seventy years—

(i) in relation to a single man or woman or to a widower or widow with no children, £117,

(ii) in relation to a widower or widow who has children, the sum of the following amounts, namely, £117 and £11. 14s. in respect of each child,

(iii) in relation to a married man or woman whose spouse is living but who has no children, £143,

(iv) in relation to a married man or woman whose spouse is living and who has children, the sum of the following amounts, namely, £143 and £11. 14s. in respect of each child.

(2) Section 6 of the Act of 1959 is hereby repealed with effect from the 6th day of January, 1961.

Increase of pensions under section 12 of the Act of 1946.

25. —Section 12 of the Act of 1946 (which provides for pensions in respect of tuberculosis aggravated by service during the emergency period) shall have effect as if, for the Second Schedule (inserted by section 24 of the Act of 1960) to the Act of 1946, there were substituted the following—

“SECOND SCHEDULE.

Rates of Pensions under section 12 of this Act.

Degree of Disablement

Scale of Pension

(1)

(2)

£

s.

d.

100

per

cent.

191

10

0

per

annum

90

172

0

0

80

153

10

0

Increase of allowances under section 4 of the Act of 1953.

26. —Subsection (1) of section 4 of the Act of 1953 (which provides for allowances to certain relatives of certain deceased persons with pre-truce military service) is hereby amended in the following respects—

(1) in paragraph (a), “£262 10s.” shall be substituted for “£250”,

(2) in paragraphs (aa) and (ab) (inserted by subsection (1) of section 8 of the Act of 1959), “£131 10s.” shall be substituted for “£125”,

(3) in paragraph (b), “£189” shall be substituted for “£180”, and

(4) in paragraphs (c) and (d), “£131 10s.” shall be substituted for “£125”.

Increase of allowances to certain children of Signatories to the Proclamation published on Easter Monday, 1916.

27. —In subsection (1) of section 45 of the Act of 1953 (which relates to the allowances payable to certain children of Signatories to the Proclamation published on Easter Monday, 1916) “£131 10s.” shall be substituted for “£125”.

Commencement.

28. —(1) The preceding provisions of this Act, except section 24, shall be deemed to have come into operation on the 1st day of August, 1960, and the increase in pensions (including further and married pensions) and allowances provided by those provisions shall have effect from that date.

(2) Subsection (1) of section 24 of this Act shall be deemed to have come into operation on the 6th day of January, 1961.

Short title and collective citation.

29. —(1) This Act may be cited as the Army Pensions (Increase) Act, 1961.

(2) The Army Pensions Acts, 1923 to 1960 and this Act may be cited together as the Army Pensions Acts, 1923 to 1961.