Army Pensions Act, 1959

• Jurisdiction: Ireland
• Citation: IR No. 15/1959
• Year: 1959

Number 15 of 1959.
ARMY PENSIONS ACT, 1959.
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Amendment of sections 7 and 8 of and the Second and Third Schedules to the Act of 1923. 3. Amendment of section 14 (1) and section 15 (1) of and the Sixth Schedule to the Act of 1927. 4. Construction of section 14 (2) (d) and section 15 (2) (d) of the Act of 1927. 5. Restrictions on grant of widows' and children's allowances under sections 14 (2) and 15 of the Act 1927. 6. Amendment of section 7 of the Act of 1943. 7. Restrictions on grant of widows' and children's allowances under section 2 (1) of the Act of 1946. 8. Amendment of section 4 (1) of the Act of 1953. 9. Amendment of section 6 of the Act of 1953. 10. Amendment of section 39 (3) or the Act of 1953. 11. Amendment of section 49 (1) the Act of 1953. 12. Restrictions on grant of further and married pensions. 13. Provisions in relation to adopted children. 14. Repeals. 15. Short title and collective citation.
SCHEDULE
Enactments Repealed
Acts Referred to Army Pensions Act, 1923 1923, No. 26. Army Pensions Act, 1927 1927, No. 12. Army Pensions Act, 1932 1932, No. 24. Army Pensions Act, 1943 1943, No. 14. Army Pensions Act, 1946 1946, No. 3. Army Pensions Act, 1949 1949, No. 19. Army Pensions Act, 1953 1953, No. 23. Army Pensions Act, 1957 1957, No. 19. Adoption Act, 1952 1952, No. 25.
Number 15 of 1959.
ARMY PENSIONS ACT, 1959.
AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1957. [21st July, 1959.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
	Interpretation.	1.—(1) In this Act—
	“the Act of 1923” means the Army Pensions Act, 1923 ;
	“the Act of 1927” means the Army Pensions Act, 1927 ;
	“the Act of 1932” means the Army Pensions Act, 1932 ;
	“the Act of 1943” means the Army Pensions Act, 1943 ;
	“the Act of 1946” means the Army Pensions Act, 1946 ;
	“the Act of 1949” means the Army Pensions Act, 1949 ;
	“the Act of 1953” means the Army Pensions Act, 1953 ;
	“the Act of 1957” means the Army Pensions Act, 1957 ;
	“the Acts” means the Army Pensions Acts, 1923 to 1957;
	“the operative date” means the date of the passing of this Act.
	(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 including this Act.
	Amendment of sections 7 and 8 of and the Second and Third Schedules to the Act of 1923.	2.—(1) Notwithstanding anything contained in section 8 or 9 of the Second Schedule to the Act of 1923, an allowance may be granted under section 7 or 8 of the Act of 1923 to the widow or child of a deceased officer, whether such widow or child was or was not wholly or partially dependent on such deceased officer at the date of his death.
	(2) Notwithstanding anything contained in section 7 or 8 of the Third Schedule to the Act of 1923, an allowance may be granted under section 7 or 8 of the Act of 1923 to the widow or child of a deceased soldier, whether such widow or child was or was not wholly or partially dependent on such deceased soldier at the date of his death.
	(3) Where an allowance is granted, by virtue of subsection (1) of this section, to the widow or child of a deceased officer or, by virtue of subsection (2) of this section, to the widow or child of a deceased soldier—
	(a) the allowance shall commence on such date (not earlier than the operative date) as the Minister may determine,
	(b) neither subsection (2) of section 7 of the Act of 1923 nor subsection (2) of section 8 of the Act of 1923 shall apply in relation to the commencement of the allowance.
	(4) Notwithstanding anything contained in the Acts, an application for the grant of an allowance, which may be granted by virtue of subsection (1) or (2) of this section, may be made not later than twelve months after the operative date.
	Amendment of section 14 (1) and section 15 (1) of and the Sixth Schedule to the Act of 1927.	3.—(1) Notwithstanding anything contained in section 8 or 9 of Part 1 of the Sixth Schedule to the Act of 1927, an allowance may be granted under paragraph (ii) of subsection (1) of section 14 of the Act of 1927 or under subsection (1) of section 15 of the Act of 1927 to the widow or child of a deceased officer, whether such widow or child was or was not wholly or partially dependent on such deceased officer at the date of his death.
	(2) Notwithstanding anything contained in section 7 or 8 of Part II of the Sixth Schedule to the Act of 1927, an allowance may be granted under paragraph (ii) of subsection (1) of section 14 of the Act of 1927 or under subsection (1) of section 15 of the Act of 1927 to the widow or child of a deceased soldier, whether such widow or child was or was not wholly or partially dependent on such deceased soldier at the date of his death.
	(3) Where an allowance is granted by virtue of subsection (1) of this section, to the widow or child of a deceased officer or, by virtue of subsection (2) of this section, to the widow or child of a deceased soldier—
	(a) the allowance shall commence on—
	(i) in case the officer or soldier died before the operative date—the operative date, or
	(ii) in case the officer or soldier died on or after the operative date—such date (not earlier than the date of his death) as the Minister may determine,
	(b) neither subsection (8) of section 14 of the Act of 1927 nor subsection (5) of section 15 of the Act of 1927 shall apply in relation to the commencement of the allowance.
	(4) Notwithstanding anything contained in the Acts, an application for the grant of an allowance, which may be granted by virtue of subsection (1) or (2) of this section, may be made not later than twelve months after the operative date.
	(5) Where before the operative date a gratuity has been granted, under paragraph (i) of subsection (1) of section 14 of the Act of 1927, to the widow of a deceased person, then, notwithstanding anything contained in the said subsection (1), an allowance may be granted under paragraph (ii) of the said subsection (1) to such widow, and if the allowance is granted to her, then, the amount paid in respect of the gratuity shall be treated as an advance on foot of the allowance.
	Construction of section 14 (2) (d) and section 15 (2) (d) of the Act of 1927.	4.—(1) This section applies to a deceased person—
	(a) who served in the Forces, and
	(b) who was granted a pension and
	(c) who was also granted a married pension at either a rate set out in the First Schedule to the Act of 1946 or a rate set out in Part III of the First Schedule to the Act of 1949, and
	(d) who, by reason of the death of his wife and of the fact that there were no children of his marriage in respect of whom a married pension was payable, was not in receipt of a married pension at the date of his death, and
	(e) who—
	(i) if the pension granted to him was a wound pension—had at the date of his death a child living (being the child of a marriage contracted before he received the wound in respect of which the pension was granted) who, in case he was an officer, was a son under the age of eighteen years or a daughter under the age of twenty-one years or, in case he was a soldier, was a son under the age of sixteen years or a daughter under the age of eighteen years, or
	(ii) if the pension granted to him was a disability pension—had at the date of his death a child living (being the child of a marriage contracted before his discharge from the forces) who, in case he was an officer, was a son under the age of eighteen years or a daughter under the age of twenty-one years or, in case he was a soldier, was a son under the age of sixteen years or a daughter under the age of eighteen years.
	(2) A deceased person to whom this section applies shall, for the purposes of the following provisions of the Act of 1927, namely, paragraph (d) of subsection (2) of section 14 and paragraph (d) of subsection (2) of section 15, be deemed to have been in receipt of a married pension at the date of his death.
	(3) Any allowances granted by virtue of the amendments effected by subsection (2) of this section shall not be paid from a date earlier than the operative date.
	Restrictions on grant of widows' and children's allowances under sections 14 (2) and 15 of the Act of 1927.	5.—(1) Notwithstanding anything contained in subsection (2) of section 14 of the Act of 1927 or the said subsection as amended by section 4 of this Act, the Minister shall not, on or on account of the death of any person to whom, by virtue of paragraph (b), (c) or (d) of the said subsection, the said subsection applies, grant under the said subsection to the widow or any child of such person any allowance or gratuity unless, in the case of the widow, she was married to such person before his discharge from the forces or, in the case of a child, the child was the child of a marriage contracted before his discharge from the forces.
	(2) Notwithstanding anything contained in subsection (1) of section 15 of the Act of 1927 or the said subsection as amended by section 3 of this Act, the Minister shall not, on or on account of the death of any person to whom, by virtue of paragraph (c) or (d) of the said subsection, the said subsection applies, grant under the said subsection to the widow or any child of such person any allowance or gratuity unless, in the case of the widow, she was married to such person before he received the wound from which he died or, in the case of a child, the child was the child of a marriage contracted before he received the said wound.
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