Army Pensions Act, 1953

JurisdictionIreland
CitationIR No. 23/1953
Year1953


Number 23 of 1953.


ARMY PENSIONS ACT, 1953.


ARRANGEMENT OF SECTIONS

PART I.

PRELIMINARY AND GENERAL.

Section

1.

Short title and collective citation.

2.

Interpretation.

PART II.

ALLOWANCES TO RELATIVES OF DECEASED PERSONS WITH PRE-TRUCE SERVICE.

3.

Application of this Part.

4.

Grant of annual allowances to certain persons.

5.

Direction as to relative to whom allowance is to be paid.

6.

Time limit for making applications under this Part.

7.

Commencement of allowances under this Part.

8.

Provision against double allowance.

9.

Reference of applications to Military Service Registration Board.

10.

Reference of applications to Army Pensions Board.

11.

Application of certain sections of Acts of 1923 and 1927.

PART III.

INCREASES OF PENSIONS AND ALLOWANCES UNDER THE ACTS.

12.

Appropriate sum.

13.

Increase of allowance to each sister of a Signatory of the Proclamation published on Easter Monday, 1916.

14.

Increase of wound pensions under section 1 of the Act of 1923.

15.

Increase of wound pensions under section 3 of the Act of 1923.

16.

Increase of extra pensions under sections 2 and 3 of the Act of 1923.

17.

Amendment of Second Schedule to the Act of 1923.

18.

Amendment of Third Schedule to the Act of 1923.

19.

Increase of disability pensions under section 9 of the Act of 1927.

20.

Increase of disability pensions under section 10 of the Act of 1927.

21.

Increase of wound pensions under section 11 of the Act of 1927.

22.

Increase of certain wound pensions under section 12 of the Act of 1927.

23.

Increase of disability pensions under section 13 of the Act of 1927.

24.

Increase of married pensions under sections 9 to 13 of the Act of 1927 and section 5 of the Act of 1946.

25.

Increase of certain allowance under subsection (2) of section 15 of the Act of 1927.

26.

Amendment of Sixth Schedule to the Act of 1927.

27.

Amendment of Seventh Schedule to the Act of 1927.

28.

Increase of wound, disability and married pensions under section 10 of the Act of 1932.

29.

Amendment of Second Schedule to the Act of 1932.

30.

Increase of pensions under section 26 of the Act of 1937.

31.

Increase of pensions under sections 28 and 29 of the Act of 1937.

32.

Increase of dependants' allowances under section 37 of the Act of 1937.

33.

Increase of pensions under section 6 of the Act of 1941.

34.

Increase of pensions under section 4 of the Act of 1943.

35.

Increase of pensions under section 6 of the Act of 1943.

36.

Increase of pensions under section 12 of the Act of 1946.

37.

Restrictions on increase of pension.

38.

Commencement of this Part.

PART IV.

AMENDMENT OF THE ACTS IN RELATION TO MARRIED PENSIONS AND WIDOWS' ALLOWANCES.

39.

Amendment of the Acts in relation to married pensions.

40.

Amendment of the Acts in relation to widows' allowances.

PART V.

AMENDMENT OF THE ACTS IN RELATION TO SPECIAL ALLOWANCES.

41.

Amendment of section 7 of the Act of 1943.

42.

Review of special allowances.

43.

Obligation to notify the Minister of certain occurrences.

44.

Gratuities to relatives of certain deceased persons.

PART VI.

MISCELLANEOUS.

45.

Allowances to certain children of Signatories to the Proclamation published on Easter Monday, 1916.

46.

Amendment of section 9 of the Act of 1923.

47.

Amendment of section 10 of the Act of 1927.

48.

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

49.

Finality of award under section 12 of the Act of 1927.

50.

Time limit for making certain applications under sections 14 and 15 of the Act of 1927.

51.

Amendment of section 20 of the Act of 1932.

52.

Power to grant further allowances under Part VII of the Act of 1937.

53.

Right of certain persons to re-apply under Part VII of the Act of 1937.

54.

Amendment of section 40 of the Act of 1937.

55.

Amendment of section 5 of the Act of 1946.

56.

Restriction of section 6 of the Act of 1946.

57.

Declaration as to pension under section 12 of the Act of 1946.

58.

Validation of pension.

FIRST SCHEDULE.

SECOND SCHEDULE.

THIRD SCHEDULE.

Increased Rates of Pensions granted to Officers under sections 10 and 12 of the Act of 1927.

FOURTH SCHEDULE.

FIFTH SCHEDULE.

Increase of Wound and Disability Pensions granted under section 10 of the Act of 1932.

SIXTH SCHEDULE.

Revised Rates of Pensions under Part VI of the Act of 1937.


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

Army Pensions Act, 1949

No. 19 of 1949

Army Pensions (Increase) Act, 1949

No. 28 of 1949

Military Service Pensions Act, 1924

No. 48 of 1924

Military Service Pensions Act, 1934

No. 43 of 1934


Number 23 of 1953.


ARMY PENSIONS ACT, 1953.


AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1949. [5th August, 1953.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title and collective citation.

1.—(1) This Act may be cited as the Army Pensions Act, 1953.

(2) The Acts and this Act may be cited together as the Army Pensions Acts, 1923 to 1953.

Interpretation.

2.—(1) In this Act—

“the Act of 1923” means the Army Pensions Act, 1923 (No. 26 of 1923);

“the Act of 1927” means the Army Pensions Act, 1927 (No. 12 of 1927);

“the Act of 1932” means the Army Pensions Act, 1932 (No. 24 of 1932);

“the Act of 1937” means the Army Pensions Act, 1937 (No. 15 of 1937);

“the Act of 1941” means the Army Pensions Act, 1941 (No. 2 of 1941);

“the Act of 1943” means the Army Pensions Act, 1943 (No. 14 of 1943);

“the Act of 1946” means the Army Pensions Act, 1946 (No. 3 of 1946);

“the Act of 1949” means the Army Pensions Act, 1949 (No. 19 of 1949);

“the Increase Act of 1949” means the Army Pensions (Increase) Act, 1949 (No. 28 of 1949);

“the Acts” means the Army Pensions Acts, 1923 to 1949, but does not include this Act;

“the April, 1922-September, 1924, period” means the period which commenced on the 1st day of April, 1922, and ended on the 30th September, 1924;

“military service” has the meaning assigned to that expression by subsection (1) of section 5 of the Act of 1932 for the purposes of Part II of that Act;

“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;

“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.

(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.

PART II.

Allowances to Relatives of Deceased Persons with Pre-Truce Service.

Application of this Part.

3.—(1) This Part applies in respect of—

(a) every deceased person who was engaged in pre-truce military service and in respect of whom section 7 or section 8 of the Act of 1923 applies;

(b) every deceased person to whom section 14 of the Act of 1927 applies and who was engaged in pre-truce military service and—

(i) who, having served in the forces, died before the 1st day of October, 1927, while serving in the forces or, having been discharged from the forces, died within four years after such discharge and before the 1st day of October, 1927, and whose death was due solely to 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, 1923, or

(ii) who, not having served in the forces, died before the 11th day of July, 1925, and was a member of the Irish Volunteers or of the Irish Citizen Army and whose death was due solely to disease attributable to his military service in the Irish Volunteers or the Irish Citizen Army (as the case may be), or

(iii) who, having served in the forces, died before the 1st day of October, 1927, while serving in the forces or, having been discharged from the forces, died within four years after such discharge and before the 1st day of October, 1927, and was a member of the Irish Volunteers or of the Irish Citizen Army and whose death was due solely to disease attributable to military service in the Irish Volunteers or the Irish Citizen Army (as the case may be) or to such military service and service in the forces during the period which commenced on the 1st day of April, 1922, and ended on the 30th day of September, 1923;

(c) every deceased person who was a member of an organisation to which Part II of the Act of 1932 applies and—

(i) who was engaged in pre-truce military service and was killed before the 1st day of October, 1923, while engaged in either pre-truce military service or post-truce military service in circumstances attributable to such service, or

(ii) who was engaged in pre-truce military service only and received a wound attributable to such service and died within four years after receiving such wound and whose death was due to such wound, or

(iii) who was engaged in pre-truce military service only...

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