Army Pensions Act, 1932

• Jurisdiction: Ireland
• Citation: IR No. 24/1932
• Year: 1932

Number 24 of 1932.
ARMY PENSIONS ACT, 1932.
ARRANGEMENT OF SECTIONS
PART I
Preliminary
Section 1. Short title and citation. 2. Definitions. 3. Construction.
PART II
Extension of the Army Pensions Acts, 1923 and 1927
4. Application of this Part. 5. Definitions and interpretation of this Part. 6. Establishment of Military Service Registration Board. 7. Temporary incapacity of member of Registration Board. 8. Reference of applications to the Registration Board. 9. Reference of applications to Army Pensions Board. 10. Grant of pensions and gratuities to certain persons. 11. Definition of “married man.” 12. Grant of allowances and gratuities to certain classes of persons. 13. Grant of allowances and gratuities to certain widows and children. 14. Prohibition of applications by certain persons. 15. Commencement of pensions and allowances. 16. Times for making applications. 17. Time limit for application for allowances and gratuities under this part by widows, children and dependants of certain persons. 18. Finality of awards under this Part. 19. Revision of final grants of pensions under this Part. 20. Application of certain sections of previous Acts.
PART III
Amendment of the Army Pensions Acts, 1923 and 1927
21. Amendment of section 10 of Act of 1923. 22. Amendment of Second and Third Schedules to the Act of 1923. 23. Finality of awards under previous Acts. 24. Revision of final grants of pensions under the Acts of 1923 and 1927. 25. Amendment of section 14 of the Act of 1927. 26. Amendment of section 18 of the Act of 1927. 27. Time limit for application for allowances and gratuities under the Act of 1927 by widows, children and dependants of certain persons. 28. Amendment of Sixth and Seventh Schedules to the Act of 1927.
FIRST SCHEDULE
SECOND SCHEDULE
Acts Referred to Army Pensions Act, 1923 No. 26 of 1923 Army Pensions Act, 1927 No. 12 of 1927
Number 24 of 1932.
ARMY PENSIONS ACT, 1932.
AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 AND 1927. [10th December, 1932.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTAT EIREANN AS FOLLOWS:—
PART I. Preliminary.
	Short title and citation.	1.—(1) This Act may be cited as the Army Pensions Act, 1932.
	(2) The Army Pensions Acts, 1923 and 1927, and this Act may be cited together as the Army Pensions Acts, 1923 to 1932.
	Definitions.	2.—In this Act—
	the expression “the Act of 1923” means the Army Pensions Act, 1923 (No. 26 of 1923);
	the expression “the Act of 1927” means the Army Pensions Act, 1927 (No. 12 of 1927);
	the expression “the Acts of 1923 and 1927” means the Army Pensions Acts, 1923 and 1927.
	Construction.	3.—This 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.
PART II. Extension of the Army Pensions Acts, 1923 and 1927.
	Application of this Part.	4.—This Part of this Act applies to the following organisations, that is to say:—
	(a) Oglaigh na hEireann (Irish Republican Army),
	(b) The Irish Volunteers,
	(c) The Irish Citizen Army,
	(d) Fianna Eireann,
	(e) The Hibernian Rifles,
	(f) Cumann na mBan.
	Definitions and interpretation of this Part.	5.—(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 Saorstát 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 “military service” shall, in this Part of this Act, be construed accordingly.
	(2) In this Part of this Act—
	the expression “pre-truce military service” 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;
	the expression “post-truce military service” 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 ;
	the word “killed” 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.
	(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.
	Establishment of Military Service Registration Board.	6.—(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.
	(2) Every member of the Registration Board shall be appointed by the Minister with the concurrence of the Minister for Finance.
	(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.
	(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.
	(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.
	(6) The Minister may, with the consent of the Minister for Finance, make rules regulating the procedure of the Registration Board.
	(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.
	(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.
	Temporary incapacity of member of Registration Board.	7.—Whenever 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.
	Reference of applications to the Registration Board.	8.—(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:—
	(a) whether such person was a member of any and, if so, which of the said organisations, and
	(b) whether such person was engaged in military service and, if so, the prescribed particulars of such service, and
	(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
	(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
	(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
	(f) such other particulars in respect of such person as the Minister may request the Registration Board to ascertain and certify.
	(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.
	Reference of applications to Army Pensions Board.	9.—Whenever 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...