Army Pensions Act, 1943

• Jurisdiction: Ireland
• Citation: IR No. 14/1943
• Year: 1943

Number 14 of 1943.
ARMY PENSIONS ACT, 1943.
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. “The emergency period”. 3. Amendment of sections 10 and 12 of, and Third Schedule to, the Act of 1927. 4. Extension of sections 10 and 12 of the Act of 1927 to members of the Army Nursing Service. 5. Amendment of sections 14 and 15 of, and the Seventh Schedule to, the Act of 1927. 6. Pensions in respect of disablements due to disease attributable to service during the emergency period where disability is less than 80 per cent. but not less than 50 per cent. 7. Special allowances to persons who served in Easter Week. 8. Recovery of certain gratuities. 9. Reduction of widow's or child's allowance in certain cases. 10. Reference of applications for allowance to the Army Pensions Board and report of Army Pensions Board on such applications. 11. 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 Army Pensions Act, 1941 No. 2 of 1941 Emergency Powers Act, 1939 No. 28 of 1939 Military Service Pensions Act, 1924 No. 48 of 1924 Military Service Pensions Act, 1934 No. 43 of 1934
Number 14 of 1943.
ARMY PENSIONS ACT, 1943.
AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1941. [27th April, 1943.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
	Interpretation.	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, and the Act of 1941;
	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, and the Act of 1941;
	the expression “the Act of 1937” means the Army Pensions Act, 1937 (No. 15 of 1937), and, where the context so permits, shall be construed as meaning that Act, as amended by the Act of 1941;
	the expression “the Act of 1941” means the Army Pensions Act, 1941 (No. 2 of 1941);
	the expression “the Acts” means the Army Pensions Acts, 1923 to 1941.
	(2) This Act shall be construed as one with the Acts and accordingly 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.
	“The emergency period”.	2.—The expression “the emergency period” where it occurs in this Act or in any amendment of the Acts effected by this Act shall mean the period which commenced on the date of the passing of the Emergency Powers Act, 1939 (No. 28 of 1939), and ends on the expiration of the last-mentioned Act.
	Amendment of sections 10 and 12 of, and Third Schedule to, the Act of 1927.	3.—(1) Section 10 of the Act of 1927 is hereby amended (with effect as on and from the 3rd day of September, 1939), as follows:—
	(a) by the insertion, in sub-section (1), after the words and figures “the 30th day of September, 1924”, of the words “or during the emergency period”, and
	(b) by the deletion, in sub-section (2), of the words and figures “married before the 1st day of October, 1924”, and the substitution therefor of the words “at the date of his discharge, in the case of an officer, either in occupation of married quarters or in receipt of lodging, fuel and light allowance as a married officer, or, in the case of a soldier, in receipt of marriage allowance as a married soldier”.
	(2) Every pension granted, by virtue of the amendment effected by sub-section (1) of this section, under section 10 of the Act of 1927, shall commence from such date (not being earlier than the date of discharge from the forces 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.
	(3) Every application for a pension under section 10 of the Act of 1927, as amended by sub-section (1) of this section, shall be made before the expiration of four years from the date of discharge or within twelve months from the date of the passing of this Act, whichever is the later.
	(4) Sub-section (1) of section 10 of the Act of 1927 shall have effect as if section 7 of the Act of 1937 had not been enacted.
	(5) Sections 10 and 12 of the Act of 1927 shall be construed (with effect as on and from the 3rd day of September, 1939) as if, in relation to a disablement caused by disease or due to a wound attributable to service in the forces during the emergency period, there were substituted for Part I of the Third Schedule to the Act of 1927, the following Part:—
	PART I.
	Officers.
Degree of disablement SCALE OF PENSION 100 per cent. 60 per cent, of annual pay at the date of discharge or the sum of £120 per annum whichever is the greater 90 ” ” 54 ” ” ” ” ” ” ” ” ” ” ” ” ” ” £108 ” ” ” ” ” ” 80 ” ” 48 ” ” ” ” ” ” ” ” ” ” ” ” ” ” £96 ” ” ” ” ” ” 70 ” ” 42 ” ” ” ” ” ” ” ” ” ” ” ” ” ” £84 ” ” ” ” ” ” 60 ” ” 36 ” ” ” ” ” ” ” ” ” ” ” ” ” ” £72 ” ” ” ” ” ” 50 ” ” 30 ” ” ” ” ” ” ” ” ” ” ” ” ” ” £60 ” ” ” ” ” ” 40 ” ” 24 ” ” ” ” ” ” ” ” ” ” ” ” ” ” £48 ” ” ” ” ” ” 30 ” ” 18 ” ” ” ” ” ” ” ” ” ” ” ” ” ” £36 ” ” ” ” ” ” 20 ” ” 12 ” ” ” ” ” ” ” ” ” ” ” ” ” ” £24 ” ” ” ” ” ”
	Note: “Annual Pay” does not include allowances, or additional pay in respect of temporary, probationary or acting duty.
	The married pension payable to an officer in receipt of a pension under this Schedule who is entitled to a married pension shall be at the rate of £30 per annum.
	(6) Sections 10 and 12 of the Act of 1927 shall be construed (with effect as on and from the 3rd day of September, 1939) as if, in relation to a disablement caused by disease or due to a wound attributable to service in the forces during the emergency period, there were substituted for Part II of the Third Schedule to the Act of 1927, the following Part:—
	PART II.
	Soldiers.
Degree of Disablement Disability Pension Married Pension per week per week £ s. d. £ s. d. 100 per cent. 2 2 0 0 10 0 90 ” ” 1 17 9 0 9 0 80 ” ” 1 13 7 0 8 0 70 ” ” 1 9 4 0 7 0 60 ” ” 1 5 2 0 6 0 50 ” ” 1 1 0 0 5 0 40 ” ” 0 16 9 0 4 0 30 ” ” 0 12 7 0 3 0 20 ” ” 0 8 4 0 2 0
	Extension of sections 10 and 12 of the Act of 1927 to members of the Army Nursing Service.	4.—(1) Sub-section (1) of section 10 of the Act of 1927, as amended by this Act, shall apply and be deemed to have applied to a member of the Army Nursing 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 a disease attributable to service in the Army Nursing Service during the emergency period in like manner as if such member were an officer who is discharged from the forces and is at the date of his discharge suffering from a disablement caused by a disease attributable to service in the forces during the emergency period, subject to the following modifications:—
	(a) the reference to four years after his discharge shall be construed as a reference to four years after the termination of her 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 Schedule to this section.
	(2) Sub-sections (1) and (4) of section 12 of the Act of 1927 shall apply and be deemed to have applied to a member of the Army Nursing 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 her service in the Army Nursing Service during the emergency period in like manner as if such member were an officer who is discharged from the forces 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 following...