First Previous (FIRST SCHEDULE. 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.)

39 1960

ARMY PENSIONS (No. 2) ACT, 1960

SECOND SCHEDULE.

Allowances to dependants of officers and soldiers.

Section 6.

Part I.

Officers.

1. Widow of second lieutenant, lieutenant or captain.

£117 10s. per annum during widowhood.

Widow of lieutenant-colonel or commandant.

£172 per annum during widowhood.

Widow of colonel or officer of higher rank.

£214 10s. per annum during widowhood.

2. Widow of officer (any rank).

£188 gratuity on first re-marriage.

3. Children who are, in the case of sons, under the age of 18, and in the case of daughters, unmarried, and under the age of 21.

(a) while mother is living, £35 10s. per annum for each child.

(b) after death of mother, £65 10s. per annum for each child.

4. Children over the age of 11 and under the age of 18.

Repayment of amount proved to have been in fact necessarily and properly expended in educational fees but not exceeding £60 in any one calendar year in respect of any one child. This allowance is additional to the allowance stated in paragraph 3.

Part II.

Soldiers.

1. Widow

24s. 6d. per week during widowhood.

2. Widow

Gratuity of £86 on first re-marriage.

3. Children who are, in the case of sons, under the age of 18, and in the case of daughters, unmarried and under the age of 18.

(a) while mother is living, 9s. 3d. per week for each child,

(b) after death of mother, 18s. 3d. per week for each child.

4. Children over the age of 11 and under the age of 18.

Repayment of amount proved to have been in fact necessarily and properly expended in educational fees but not exceeding £60 in any one calendar year in respect of any one child. This allowance is additional to the allowance stated in paragraph 3.

Part III.

Officers.

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:—

(a) his mother,

(b) his father, if over sixty years of age or incapacitated by ill-health,

(c) his permanently invalided brother,

(d) his permanently invalided and unmarried sister,

(e) his grandfather,

(f) his grandmother.

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.

(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.

3. (1) Where—

(a) no allowance is payable under paragraph 2 of this Part, and

(b) there is, in the opinion of the Minister, one dependant and no more who was mainly dependent on a deceased officer,

an allowance shall be payable to that dependant.

(2) Where—

(a) no allowance is payable under paragraph 2 of this Part, and

(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.

4. (1) Where—

(a) no allowance in respect of a deceased officer is payable under paragraph 2 or paragraph 3 of this Part, and

(b) there is one dependant and no more of such deceased officer,

a gratuity may be granted to that dependant.

(2) Where—

(a) no allowance in respect of a deceased officer is payable under paragraph 2 or paragraph 3 of this Part, and

(b) there are two or more dependants of such deceased officer,

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.

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.

(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.

(3) In this paragraph the expression “deceased person” includes a deceased officer as well as a deceased soldier.

6. An allowance under this Part of this Schedule shall be an annual sum of £102 10s., and a gratuity under this Part of this Schedule shall be such lump sum (not exceeding £180) as the Minister may determine.

Part IV.

Soldiers.

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—

(a) his mother,

(b) his father, if over sixty years of age or incapacitated by ill-health,

(c) his permanently invalided brother,

(d) his permanently invalided and unmarried sister,

(e) his grandfather,

(f) his grandmother.

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.

(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.

3. (1) Where—

(a) no allowance is payable under paragraph 2 of this Part, and

(b) there is, in the opinion of the Minister, one dependant and no more who was mainly dependent on a deceased soldier,

an allowance shall be payable to that dependant.

(2) Where—

(a) no allowance is payable under paragraph 2 of this Part, and

(b) there are, in the opinion of the Minister, two or more dependants who were mainly dependent on a deceased soldier,

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.

4. (1) Where—

(a) no allowance in respect of a deceased soldier is payable under paragraph 2 or paragraph 3 of this Part, and

(b) there is one dependant and no more of such deceased soldier,

a gratuity may be granted to that dependant.

(2) Where—

(a) no allowance in respect of a deceased soldier is payable under paragraph 2 or paragraph 3 of this Part, and

(b) there are two or more dependants of such deceased soldier,

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.

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.

(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.

(3) In this paragraph the expression “deceased person” includes a deceased officer as well as a deceased soldier.

6. An allowance under this Part of this Schedule shall be an annual sum of £51, and a gratuity under this Part of this Schedule shall be such lump sum (not exceeding £180) as the Minister may determine.