Army Pensions Act, 1946

• Jurisdiction: Ireland

Number 3 of 1946.
ARMY PENSIONS ACT, 1946.
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Grant of allowances and gratuities to widow and children of deceased person entitled to wound pension and extra pension under the Act of 1923. 3. Amendment of section 13 of the Act of 1923 and consequential amendments. 4. Married pensions of persons entitled to pensions under section 10 or section 12 of the Act of 1927 in respect of disablement caused by disease or due to a wound attributable to service during the emergency period. 5. Pension under section 12 of the Act of 1927 in respect of disablement caused by disease or due to a wound attributable to service during the emergency period where pensioner in receipt of a wound pension under the Acts. 6. Construction of section 10 of the Act of 1927 and section 5 of this Act as regards occupation by officers of married quarters, etc. 7. Pension under section 10 of the Act of 1927 in respect of disablement caused by disease attributable to service during the emergency period or pension or gratuity under section 12 of the Act of 1927 in respect of disablement due to a wound attributable to such service, where pensioner was granted a wound gratuity under the Acts. 8. Amendment of section 18 of the Act of 1927. 9. Amendment of section 21 of the Act of 1927, and consequential amendments. 10. Amendment of section 5 of the Act of 1943. 11. Amendment of section 11 of the Act of 1937. 12. Pensions to members of the Forces in respect of tuberculosis aggravated, etc., by service during the emergency period. 13. Amendment of section 3 of the Act of 1943. 14. Amendment of section 7 of the Act of 1943. 15. Amendment of section 10 of the Act of 1943. 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
Number 3 of 1946.
ARMY PENSIONS ACT, 1946.
AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1943. [27th February, 1946.]
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, and the Act of 1943;
	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;
	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);
	the expression “the Acts” means the Army Pensions Acts, 1923 to 1943;
	the expression “the appropriate existing (married pension) rate” means—
	(a) in relation to a married pension payable to a person who was immediately before his discharge an officer, the rate of thirty pounds per annum,
	(b) in relation to a married pension payable to a person who was immediately before his discharge a soldier, the rate, applicable to his degree of disablement, set out in the third column of the Part substituted, by subsection (6) of section 3 of the Act of 1943, for Part II of the Third Schedule to the Act of 1927;
	the expression “the appropriate new (married pension) rate” means, in relation to a married pension payable to any person, the rate, applicable to his degree of disablement, set out in the First Schedule to this Act;
	the expression “married pension” means a married pension under subsection (2) of section 10 of the Act of 1927 or under subsection (2) of section 12 of the Act of 1927;
	the expression “the operative date” means the date of the passing of this Act
	(2) References in this Act to the discharge of a person shall be construed as references to his discharge from the forces on or after the 3rd day of September, 1939.
	(3) 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.
	Grant of allowances and gratuities to widow and children of deceased person entitled to wound pension and extra pension under the Act of 1923.	2.—(1) The allowances and gratuities specified in the Second and Third Schedule to the Act of 1923 may be granted to the widow and children of a deceased person who—
	(a) was immediately before his death in receipt of a wound pension under the Act of 1923 and a further pension under section 2 of the Act of 1923, and
	(b) died solely from the wound in respect of which the wound pension was granted.
	(2) Every allowance granted under this section shall commence on the day next following the day on which the person, in respect of whom the allowance is granted, died.
	Amendment of section 13 of the Act of 1923 and consequential amendments.	3.—(1) Subsection (2) of section 13 of the Act of 1923 is hereby amended by the addition at the end thereof of the following words:—
	“and if such compensation is received after the award of any such pension or allowance the Minister may review the award and, having regard to the amount of such compensation, either terminate the pension or allowance or reduce the amount thereof.”
	(2) References in any of the Acts to section 13 of the Act of 1923 shall be construed as references to the said section 13 as amended by subsection (1) of this section.
	Married pensions of persons entitled to pensions under section 10 or section 12 of the Act of 1927 in respect of disablement caused by disease or due to a wound attributable to service during the emergency period.	4.—(1) Where—
	(a) a person (being a person who was immediately before his discharge an officer and was commissioned before the operative date or being a person who was immediately before his discharge a soldier and was enlisted before the operative date) was, before the operative date, or is, on or after the operative date, granted an emergency-period pension, and
	(b) such person is entitled to a married pension,
	the following provisions shall have effect, that is to say:—
	(i) the Minister shall, in case the emergency-period pension was granted before the operative date, as soon as may be after the operative date or, in case the emergency-period pension is granted on or after the operative date, as soon as may be after the grant of the emergency-period pension, cause to be served by post on such person a notice requiring him, within a specified time (not being earlier than twenty-eight days after the date on which the notice is posted), to send to the Minister a statement in writing setting out whether he elects to have the married pension paid at the appropriate existing (married pension) rate or at the appropriate new (married pension) rate,
	(ii) if such person complies with the notice, the married pension shall be payable, in case the emergency-period pension was granted before the operative date, as on and from the operative date or, in case the emergency-period pension was granted on or after the operative date, as on and from the commencement of the emergency-period pension, at whichever of the said rates such person so elects to have it paid,
	(iii) if such person does not comply with the notice, the married pension shall be payable, in case the emergency-period pension was granted before the operative date, as on and from the operative date or, in case the emergency-period pension was granted on or after the operative date, as on and from the commencement of the emergency-period pension, at whichever of the said rates the Minister directs.
	(2) Where—
	(a) a person (being a person who was immediately before his discharge an officer and was commissioned on or after the operative date or being a person who was immediately before his discharge a soldier and was enlisted on or after the operative date) is granted an emergency-period pension, and
	(b) such person is entitled to a married pension,
	such married pension shall be payable at the appropriate new (married pension) rate.
	(3) In this section, the expression “emergency-period pension” means a pension being—
	(a) a pension under section 10 of the Act of 1927 in respect of a disablement caused by disease attributable to service in the forces during the emergency period, or
	(b) a pension under section 12 of the Act of 1927 in respect of a disablement due to a wound attributable to such service.
	(4) Subsections (1) and (2) of this section shall not apply in respect of a person who is, by virtue of section 5 of this Act, granted a pension under section 12 of the Act of 1927.
	Pension under section 12 of the Act of 1927 in respect of...