39 1960

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Number 39 of 1960.


ARMY PENSIONS (No. 2) ACT, 1960.


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

United Nations Force.

3.

Amendment of section 10 of the Act of 1927.

4.

Extension of sections 10 and 12 of the Act of 1927.

5.

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.

6.

Amendment of section 14 of the Act of 1927.

7.

Pensions in respect of disease aggravated, etc., by service with a United Nations Force.

8.

Short title and collective citation.

FIRST SCHEDULE

SECOND SCHEDULE


Acts Referred to

Army Pensions Act, 1923

1923, No. 26

Army Pensions Act, 1927

1927, No. 12

Army Pensions Act, 1943

1943, No. 14

Army Pensions Act, 1937

1937, No. 15

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Number 39 of 1960.


ARMY PENSIONS (No. 2) ACT, 1960.


AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1960. [21st December, 1960.]

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 1943” means the Army Pensions Act, 1943 ;

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

(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.

United Nations Force.

2. —The expression “United Nations Force”, 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.

Amendment of section 10 of the Act of 1927.

3. —(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 “during the emergency period” (inserted by section 3 of the Act of 1943) there were inserted “or with a United Nations Force”, subject to the modifications that, in relation to disablement caused by disease attributable to service with a United Nations Force—

(a) the reference in that subsection to four years shall be construed as a reference to eight years, and

(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.

(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.

(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.

Extension of sections 10 and 12 of the Act of 1927.

4. —(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—

(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

(b) the reference to the Third Schedule to the Act of 1927 shall be construed as a reference to the Table to this section.

(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—

(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

(b) in paragraph (a) of the said subsection (4)—

(i) the references to £80 and £5 shall be construed, respectively, as references to £140 and £8 15s., and

(ii) the reference to service in the forces shall be construed as a reference to service in the Chaplaincy Service.

(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—

(a) the annual amount of his daily pay,

(b) the annual amount of his consolidated ration allowance, and

(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.

(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.

(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.

(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.

(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.

TABLE

Scale of disability pensions and wound pensions for members of the Chaplaincy Service.

Degree of Disablement

Scale of Disablement Pension expressed as a percentage of annual pay at date of termination of service

per cent.

per cent.

100

55

90

50

80

44

70

39

60

33

50

28

40

22

30

17

20

11

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.

5. —(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:

(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 £1 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;

(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 £1 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;

(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.

(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.

(3) In this section “degree of disablement” has the same meaning as in the Act of 1927.

Amendment of section 14 of the Act of 1927.

6. —(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 “during the emergency period” (inserted by section 5 of the Act of 1943) in each case where those words occur, there were inserted “or with a United Nations Force”, subject to the modifications that—

(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

(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.

(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.

(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.

(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.

Pensions in respect of disease aggravated, etc., by service with a United Nations Force.

7. —(1) Where—

(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

(b) such person or member is not entitled to a pension under the Acts or by virtue of this Act, and

(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—

(i) a wound attributable to service with a United Nations Force, or

(ii) a disease attributable to service with a United Nations Force, or

(iii) service with a United Nations Force,

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.

(2) Every application for a pension under this section shall be referred by the Minister to the Army Pensions Board.

(3) The following provisions shall have effect in relation to applications for pensions under this section:

(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,

(b) every application shall be in such form and contain such particulars as the Minister may direct.

(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.

(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.

TABLE

Rates of Pensions.

Degree of Disablement

Pension

per cent.

per annum

£

s.

d.

100

191

10

0

90

172

0

0

80

153

10

0

Short title and collective citation.

8. —(1) This Act may be cited as the Army Pensions (No. 2) Act, 1960.

(2) The collective citation, the Army Pensions Acts, 1923 to 1960, shall include this Act.

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.

Part I.

Officers.

Degree of Disablement

Scales of Disability Pension, expressed as a percentage of annual pay at date of discharge

Married officers

Unmarried officers

per cent.

per cent.

per cent.

100

48

55

90

43

50

80

39

44

Part II.

Soldiers.

Degree of Disablement

Rates of Disability Pension per week

per cent.

£

s.

d.

100

3

17

6

90

3

12

3

80

3

4

6

Part III.

Married Pensions—Officers and Soldiers.

Degree of Disablement

Married Pension per week

In respect of wife

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.

per cent.

s.

d.

s.

d.

100

11

7

6

2

90

10

5

5

6

80

9

3

4

10

Part IV.

Members of the Army Nursing Service.

Degree of Disablement

Scale of Pension per annum

per cent.

£

s.

d.

100

202

10

0

90

189

10

0

80

169

0

0

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.