Army Pensions Act, 1949

• Jurisdiction: Ireland
• Citation: IR No. 19/1949
• Year: 1949

Number 19 of 1949.
ARMY PENSIONS ACT, 1949.
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Restoration of pensions and allowances forfeited or terminated under section 11 of the Act of 1923. 3. Amendment of section 12 of the Act of 1923. 4. Construction of subsection (2) of section 10 of the Act of 1927. 5. Amendment of section 12 of the Act of 1927. 6. Amendment of sections 14 and 15 of, and the Seventh Schedule to, the Act of 1927. 7. Provisions in relation to grants of allowances and gratuities under section 15 (2) of the Act of 1927 to dependants (other than widow or children) of deceased officers and soldiers. 8. Amendment of section 4 of the Act of 1943. 9. Amendment of section 7 of the Act of 1943. 10. Application of the Acts to the Reserve. 11. Compensation Scheme for members of Reserve—Second Line wounded, killed or dying of wounds. 12. Gratuities to relatives of certain deceased persons. 13. Deductions in respect of public claims from pensions, allowances, gratuities and compensation. 14. Repayment of moneys paid under the Acts in consequence of false statements. 15. Repeals. 16. Short title and collective citation.
FIRST SCHEDULE
SECOND SCHEDULE
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 Army Pensions Act, 1943 No. 14 of 1943 Army Pensions Act, 1946 No. 3 of 1946 Defence Forces (Temporary Provisions) Act, 1923 No. 30 of 1923
Number 19 of 1949.
ARMY PENSIONS ACT, 1949.
AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1946. [30th July, 1949.]
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 and the Act of 1946;
	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, and the Act of 1943 and the Act of 1946;
	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, and the Act of 1943;
	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 and the Act of 1943, and the Act of 1946;
	the expression “the Act of 1941” means the Army Pensions Act, 1941 (No. 2 of 1941), and, where the context so permits, shall be construed as meaning that Act as amended by the Act of 1943;
	the expression “the Act of 1943” means the Army Pensions Act, 1943 (No. 14 of 1943), and, where the context so permits, shall be construed as meaning that Act as amended by the Act of 1946;
	the expression “the Act of 1946” means the Army Pensions Act, 1946 (No. 3 of 1946);
	the expression “the Acts” means the Army Pensions Acts, 1923 to 1946;
	the expression “Defence Force regulations” means regulations made under the Defence Forces (Temporary Provisions) Acts, 1923 to 1949;
	the expression “the Reserve” means the reserve force established under Part III of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923), as amended by any subsequent enactment.
	(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.
	Restoration of pensions and allowances forfeited or terminated under section 11 of the Act of 1923.	2.—(1) Where any pension or allowance, (including a special allowance), under the Acts is forfeited or terminated (whether before or after the passing of this Act) under section 11 of the Act of 1923, the Minister may, subject to this section, by order, made with the consent of the Minister for Finance, restore such pension or allowance either in whole or in part.
	(2) Where a pension or allowance, (including a special allowance), is restored in part under subsection (1) of this section, the Minister may by order, made with the consent of the Minister for Finance, restore the balance of such pension or allowance.
	(3) The power conferred by this section to restore a pension shall, if the pension is a temporary pension, be exercisable only where the Army Pensions Board, on examination of the pensioner, report that the appropriate minimum degree of disablement exists in respect of the disability for which the pension was payable when it was forfeited or terminated.
	(4) Where a pension which was the subject of a final grant before forfeiture or termination is restored under this section such pension shall to the extent to which it is restored be likewise final.
	(5) Payment of any pension or allowance, (including a special allowance), or part of any pension or allowance, (including a special allowance), which has been restored under this section shall be made from such date (not being earlier than the date of the order restoring it) as the Minister may determine.
	Amendment of section 12 of the Act of 1923.	3.—(1) Section 12 of the Act of 1923 is hereby amended by the deletion of subsection (1) (inserted by First Schedule to the Act of 1927) and the substitution therefor of the following subsection—
	“(1) If, for the purpose of obtaining or continuing for himself or any other person a pension, allowance, (including a special allowance), or gratuity under this Act or for the purpose of obtaining or continuing for himself or any other person a pension, allowance, (including a special allowance), or gratuity under this Act at a higher rate than that appropriate to the case, any person makes any statement or representation (whether such statement or representation is written or oral) which is to his knowledge false or misleading in any material respect, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and imprisonment.”
	(2) References in the Acts to section 12 of the Act of 1923 shall be construed as references to the said section as amended by subsection (1) of this section.
	Construction of subsection (2) of section 10 of the Act of 1927.	4.—(1) For the purposes of subsection (2) of section 10 of the Act of 1927, a soldier, to whom a pension is granted under subsecion (1) of the said section 10 and who was discharged from the forces on or after the 3rd day of September, 1939 (whether before or after the passing of this Act), shall be deemed to have been in receipt of marriage allowance as a married soldier at the date of his discharge—
	(a) if he was, while on indefinite leave, discharged from the forces and was, immediately before the date on which he proceeded on such indefinite leave, in receipt of marriage allowance as a married soldier, or
	(b) if, at the date of his discharge and notwithstanding that his wife was then dead, children's allowance was payable under Defence Force regulations in respect of any child of his.
	(2) Subsection (1) of this section shall be deemed to have come into operation on, and shall have effect as on and from, the 3rd day of September, 1939.
	Amendment of section 12 of the Act of 1927.	5.—(1) Section 12 of the Act of 1927 shall, in its application to a person who is discharged from the forces on or after the date of the passing of this Act, have effect as if, for the reference therein to the Third Schedule to the Act of 1927, there were substituted a reference to the First Schedule to this Act.
	(2) (a) For the purposes of subsection (2) of section 12 of the Act of 1927 a soldier, to whom a pension is granted under subsection (1) of the said section and who was discharged from the forces on or after the 3rd day of September, 1939, shall be deemed to have been in receipt of marriage allowance as a married soldier at the date on which he received the wound in respect of which the pension was granted, if, at that date and notwithstanding that his wife was then dead, children's allowance was payable under Defence Force regulations in respect of any child of his.
	(b) Paragraph (a) of this subsection shall be deemed to have come into operation on, and shall have effect as on and from, the 3rd day of September, 1939.
	Amendment of sections 14 and 15 of, and the Seventh Schedule to, the Act of 1927.	6.—(1) Where—
	(a) a soldier was, while on indefinite leave, discharged from the forces, and
	(b) such soldier was, immediately before the date on which he proceeded on such indefinite leave, in receipt of marriage allowance as a married soldier, and
	(c) such soldier died and was immediately before his death in receipt of a pension granted to him under section 10 of the Act of 1927,
	such soldier shall, for the purposes of paragraph (d) of subsection (2) of section 14 of the Act of 1927, be deemed to have been in receipt of a married pension under the Act of 1927 immediately before his death, and, for the purposes of subsection (6) of the said section 14, be deemed to...