Army pensions act, 1941

• Enactment Date: 19 February 1941
• Act Number: 2

Number 2 of 1941.
ARMY PENSIONS ACT, 1941.
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Time limit for making applications for disability pensions under the Act of 1927. 3. Amendment of section 19 of the Act of 1937. 4. Time limit for making applications for pensions, etc., under Part II. of Act of 1932. 5. Time limit for making applications for allowances and gratuities under Part II of the Act of 1932 by widows, children and dependants of certain persons. 6. Disability pensions in respect of disease attributable to service where disability is less than 80 per cent. and not less than 50 per cent. 7. Time limit for making applications for pensions under Part VI of the Act of 1937. 8. Commencement of pensions under Part VI of the Act of 1937. 9. Commencement of dependants' allowances under Part VII of the Act of 1937. 10. Time limit for making applications for dependants' allowances under Part VII of the Act of 1937. 11. Time limit for making applications for special gratuities under Part VII of the Act of 1937. 12. Refusal of applications for pensions, etc., in case of failure of applicants to attend before the Army Pensions Board. 13. Reduction of dependants' allowances in certain cases. 14. Short title and collective citation.
Acts Referred to Army Pensions Act, 1923 No. 26 of 1923 Army Pensions Act, 1927 No. 12 of 1927 Army Pensions Act, 1932 No. 24 of 1932 Army Pensions Act, 1937 No. 15 of 1937
Number 2 of 1941.
ARMY PENSIONS ACT, 1941.
AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1937. [19th February, 1941.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
	Definitions.	1.—(1) In this Act—
	the expression “the Act of 1923” means the Army Pensions Act, 1923 (No. 26 of 1923) and, where the context so permits, shall be construed as meaning that Act as amended by the Act of 1927 and Part III of the Act of 1932 and Part III of the Act of 1937;
	the expression “the Act of 1927” means the Army Pensions Act, 1927 (No. 12 of 1927) and, where the context so permits, shall be construed as meaning that Act as amended by Part III of the Act of 1932 and Part III of the Act of 1937;
	the expression “the Act of 1932” means the Army Pensions Act, 1932 (No. 24 of 1932) and, where the context so permits, shall be construed as meaning that Act as amended by Part IV of the Act of 1937;
	the expression “the Act of 1937” means the Army Pensions Act, 1937 (No. 15 of 1937);
	the expression “the Acts” means the Army Pensions Acts, 1923 to 1937.
	(2) Every word and expression used in this Act to which a particular meaning is given by the Acts for the purposes of the Acts has in this Act the meaning so given.
	Time limit for making applications for disability pensions under the Act of 1927.	2.—(1) Every application for the grant of a disability pension shall be made within twelve months after the date of the passing of this Act
	(2) Where an application was duly made before the passing of this Act by any person for a disability pension, and such application was refused on the grounds that the Act of 1927 did not apply to him, such person shall not be entitled by virtue of the preceding sub-section of this section to renew such application.
	(3) Where a disability pension is granted to any person who applies therefor on or after the date of the passing of this Act, such pension shall commence as on and from such date (not being earlier than the date of the passing of this Act) as the Minister may determine.
	(4) In this section the expression “disability pension” means a pension under sections 9 , 10 or 13 of the Act of 1927.
	(5) Paragraph (b) of section 26 of the Act of 1932 is hereby repealed.
	Amendment of section 19 of the Act of 1937.	3.—Sub-section (3) of section 19 of the Act of 1937 is hereby amended by the substitution in paragraph (d) of the said sub-section of the words “was at the time of his death in receipt of” for the words “was granted”.
	Time limit for making applications for pensions, etc., under Part II. of Act of 1932.	4.—(1) Every application by a person, who was a member of an organisation to which Part II of the Act of 1932 applies, for the grant of a pension or gratuity under the said Part II shall be made within twelve months after the date of the passing of this Act.
	(2) Every application for the grant of an allowance or gratuity under Part II of the Act of 1932 to the widow, children or dependants of a person who died on or before the date on which this Act is passed shall be made within twelve months after the date of the passing of this Act.
	(3) Every application for the grant of an allowance or gratuity under Part II of the Act of 1932 to the widow, children or dependants of a person who dies after the day on which this Act is passed shall be made before the expiration of twelve months after the date of the death of such person.
	(4) Where an application was duly made before the passing of this Act by any person for a pension, allowance or gratuity under Part II of the Act of 1932, and such application was refused on the grounds that the said Part II did not apply to him, such person shall not be entitled by virtue of any of the preceding sub-sections of this section to renew such application.
	(5) Where a pension or allowance under Part II of the Act of 1932 is granted to any person who applies therefor on or after the date of the passing of this Act, such pension or allowance shall commence as on and from such date (not being earlier than the date of the passing of this Act) as the Minister may determine.
	(6) Section 22 of the Act of 1937 is hereby repealed.
	Time limit for making applications for allowances and gratuities under Part II of the Act of 1932 by widows, children and dependants of certain persons.	5.—(1) Where—
	(a) a person dies more than twelve months after the passing of this Act, and
	(b) such person's death is due to a wound or disease, and
	(c) such person did not within twelve months after the date of the passing of this Act apply for a pension in respect of such wound or disease under Part II of the Act of 1932,
	no claim in respect of the death of such person for an allowance or gratuity under the said Part II by the widow or any child or dependant of such person shall be entertained.
	(2) Nothing in this section shall be construed as limiting the operation of sub-section (3) of the immediately preceding section.
	(3) Section 23 of the Act of 1937 is hereby repealed.
	Disability pensions in respect of disease attributable to service where disability is less than 80 per cent. and not less than 50 per cent.	6.—(1) Where an application is made on or after the date of the...