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15 1937

ARMY PENSIONS ACT, 1937

PART IV.

Amendment of Part II of the Army Pensions Act, 1932 .

Amendment of section 8 of the Act of 1932.

15. —(1) Sub-section (1) of section 8 of the Act of 1932 is hereby amended by the insertion therein of the following paragraph in lieu of paragraph (d) now contained therein, and the said sub-section shall be construed and have effect accordingly, that is to say:—

“(d) whether there is any evidence that such person contracted any disease during his military service, and, if so, the particulars of such evidence, and, if such person is dead, the date of his death, and”.

(2) Section 8 of the Act of 1932 is hereby amended by the insertion therein of the following two sub-sections in lieu of sub-section (2) now contained therein and the said section shall be construed and have effect and be deemed always to have had effect accordingly, that is to say:—

“(2) Every certificate (in this Act referred to as a service certificate) issued by the Registration Board to the Minister in pursuance of this section shall be in the prescribed form and shall, subject to any variation of such certificate made by the Registration Board under sub-section (3) of this section, be final and conclusive evidence of the matters of fact certified therein.

(3) The Minister may, on the ground that evidence not available prior to the issue of such certificate has since become available, at any time request the Registration Board to review any service certificate, and thereupon the Registration Board shall review such certificate and may, after such review, either, as they think proper, confirm or vary such certificate.”

Provisions consequential on variation of service certificates.

16. —(1) Where a service certificate, which was issued in respect of a person who made an application for a pension or a gratuity under Part II of the Act of 1932, is reviewed under sub-section (3) of section 8 of the Act of 1932, and varied on such review, the following provisions shall have effect, that is to say:—

(a) in case it appeared from such certificate, as originally issued, that such person was not a person (in this sub-section referred to as a qualified person) to whom a pension or gratuity could be granted under Part II of the Act of 1932, and it appears from such certificate, as so varied, that such person is a qualified person, then—

(i) the provisions of section 9 of the Act of 1932 shall apply in respect of such application in like manner as if it appeared from such certificate, before such variation, that such person was a qualified person,

(ii) in case such application was for the grant under Part II of the Act of 1932 of a pension or gratuity in respect of a wound, the refusal of such application shall, for the purposes of section 18 of the Act of 1932, be deemed not to be the refusal of an award,

(iii) any pension granted under Part II of the Act of 1932 to such person shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine;

(b) in case it appeared from such certificate, as originally issued, that such person was a qualified person and a pension was granted under Part II of the Act of 1932 to him accordingly, and it appears from such certificate, as so varied, that such person is not a qualified person, the Minister shall by order revoke such pension as from the date of such order;

(c) in case it appeared from such certificate, as originally issued, that such person was a qualified person and a pension was granted under Part II of the Act of 1932 to him accordingly, and it appears from such certificate as so varied, that such person is a qualified person, and the amount of such pension is greater or less than the amount to which, having regard to the terms of such certificate as so varied, he is entitled, the Minister shall by order decrease or increase such pension accordingly from the date of such order.

(2) Where a service certificate, which was issued in respect of a deceased person in respect of whom an application was made for an allowance or gratuity under Part II of the Act of 1932, is reviewed under sub-section (3) of section 8 of the Act of 1932, and varied on such review, the following provisions shall have effect, that is to say:—

(a) in case it appeared from such certificate, as originally issued, that such deceased person was not a person (in this sub-section referred to as a qualified person) in respect of whom an allowance or gratuity could be granted under Part II of the Act of 1932, and it appears from such certificate, as so varied, that such deceased person is a qualified person, then—

(i) the provisions of section 9 of the Act of 1932 shall apply in respect of such application in like manner as if it appeared from such service certificate, before such variation, that such deceased person was a qualified person,

(ii) any allowance granted under Part II of the Act of 1932 in respect of such deceased person shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine;

(b) in case it appeared from such certificate, as originally issued, that such deceased person was a qualified person and an allowance in respect of such deceased person was accordingly granted under Part II of the Act of 1932, and it appears from such certificate, as so varied, that such deceased person is not a qualified person, the Minister shall by order revoke such allowance as from the date of such order.

(3) References in this section to the Act of 1932 shall be construed as meaning the Act of 1932, or the Act of 1932 as amended by this Part of this Act.

Amendment of section 10 of the Act of 1932.

17. —(1) Where—

(a) a service certificate has been issued in respect of a person, and

(b) it appears from such service certificate that such person was a member of an organisation to which Part II of the Act of 1932 applies, and

(c) such person being such a member was during any period ending before the 30th day of September, 1923, interned or imprisoned by or by order of the British Government, the Government of Saorstát Eireann, the Provisional Government, or the Government of Northern Ireland, and

(d) such person lost from any cause, while so interned or imprisoned, a leg, an arm, or an eye,

the following provisions shall have effect, that is to say:—

(i) such loss shall be deemed, for the purposes of sub-section (1) of section 10 of the Act of 1932, to be a disablement due to a wound attributable to military service, and Part II of the Act of 1932 shall be construed and have effect accordingly;

(ii) the critical date for the purposes of sub-section (4) of the said section 10 shall be the date on which such person suffered such loss;

(iii) any pension granted to such person under the said sub-section (1) shall, notwithstanding anything contained in sub-section (1) of section 15 of the Act of 1932, commence as on and from the date of the passing of this Act.

(2) Sub-section (2) of section 10 of the Act of 1932 is hereby amended by the insertion, after the words “his said examination” now contained therein, of the words and figures “or, in case such date falls before the 30th day of June, 1938, becomes, by reason of matters definitely attributable to military service, after such date but before the 1st day of July, 1938,” and Part II of the Act of 1932 shall be construed and have effect accordingly.

(3) Where, by virtue of the amendment of sub-section (2) of section 10 of the Act of 1932 effected by this section, a pension is granted under the said sub-section (2) to any person, such pension shall, notwithstanding anything contained in sub-section (1) of section 15 of the Act of 1932 or in this Act, commence as on and from such date as the Minister may, having regard to all the circumstances of the case, determine, but such date shall not be earlier than the date of his examination by the Army Pensions Board at which his disablement was assessed at a degree not less than the minimum degree of disablement.

Amendment of section 12 of the Act of 1932.

18. —(1) Where—

(a) an allowance is payable under section 12 of the Act of 1932 to the widow of any person (other than a person who signed the Proclamation published on Easter Monday, 1916), and

(b) such person was killed or executed in the Rising of 1916,

Part I of the Second Schedule to the Act of 1932 shall, in relation to such widow, be construed and have effect, as on and from the date of the passing of this Act, as if there were substituted for the words and figures “£67 10s. per annum during widowhood and a gratuity of £90 on first re-marriage” the words and figures “£90 per annum during widowhood and gratuity of £120 on first re-marriage.”

(2) Sub-section (1) of section 12 of the Act of 1932 shall be construed and have effect as if in paragraph (b) of the said sub-section there were substituted for the expression “or gratuity as is mentioned in the said Part II” now contained therein the expression “as is mentioned in the said Part II or such gratuity as is mentioned in Part III of the said Schedule.”

Further amendment of section 12 of the Act of 1932.

19. —(1) Section 12 of the Act of 1932 shall (in addition to the persons to whom the said section applies by virtue of paragraphs (a) (b) and (c) of sub-section (3) of the said section) also apply to every person who was a member of an organisation to which Part II of the Act of 1932 applies and who complied with one of the following conditions, that is to say:—

(a) such person was engaged in post-truce military service (either in addition to or without pre-truce military service) and died before the date of the passing of this Act from—

(i) a wound attributable to pre-truce military service or post-truce military service, or

(ii) a disease attributable to pre-truce military service or post-truce military service or pre-truce military service and post-truce military service;

(b) such person died while engaged in military service from a disease not attributable to military service, and so died either while a member of an Active Service Unit or while detained in a prison or ship or an internment camp.

(2) Where—

(a) a deceased member of an organisation to which Part II of the Act of 1932 applies was engaged in post-truce military service (either in addition to or without pre-truce military service), and

(b) such member died before the date of the passing of this Act, and

(c) such member died from either—

(i) a wound attributable to pre-truce military service or post-truce military service, or

(ii) a disease attributable to pre-truce military service or post-truce military service or pre-truce military service and post-truce military service, and

(d) such member leaves a widow, and

(e) the marriage of such widow to such member took place, in case his death was due to a wound, after the date on which he received such wound or, in case his death was due to disease, after the 1st day of October, 1928,

the following provisions shall have effect, that is to say:—

(i) no allowance or gratuity shall be granted under sub-section (1) of section 12 of the Act of 1932 to any person on account of the death of such member, and

(ii) in case such person died on or after the 10th day of December, 1932, and was not granted a pension in respect of such wound or disease under Part II of the Act of 1932, or died before the 10th day of December, 1932, the Minister, with the consent of the Minister for Finance, may on account of the death of such member grant to the widow or children of such member a gratuity of one hundred and twelve pounds and ten shillings.

(3) Where—

(a) a deceased member of an organisation to which Part II of the Act of 1932 applies was engaged in post-truce military service (either in addition to or without pre-truce military service), and

(b) such member died on or after the 10th day of December, 1932, and

(c) such member died either from—

(i) a wound attributable to pre-truce military service or post-truce military service, or

(ii) a disease attributable to pre-truce military service or post-truce military service or pre-truce military service and post-truce military service, and

(d) such member was granted a pension in respect of such wound or disease under Part II of the Act of 1932,

no allowance or gratuity shall be granted under sub-section (1) of section 12 of the Act of 1932 to any person on account of the death of such member but, the Minister may, if such member was not granted a married pension and leaves a widow or children and his marriage to such widow took place before the 1st day of June, 1937, grant to such widow or children a gratuity of one hundred and twelve pounds and ten shillings.

(4) An allowance granted under sub-section (1) of section 12 of the Act of 1932 on account of the death of a person to whom the said section 12 applies by virtue of sub-section (1) of this section shall, notwithstanding anything contained in sub-sections (2) and (3) of section 15 of the Act of 1932, commence as on and from the date of the passing of this Act.

(5) The following provisions of section 12 of the Act of 1932 are hereby repealed, that is to say, paragraph (d) of sub-section (3), and sub-sections (4) and (5).

Application of section 14 of the Act of 1932.

20. —The expression “this Part of this Act” in section 14 of the Act of 1932 shall be construed as meaning Part II of the Act of 1932 or Part II of the Act of 1932 as amended by this Part of this Act.

Amendment of section 15 of the Act of 1932.

21. —(1) Where—

(a) a pension (including a married pension) is after the date of the passing of this Act granted under Part II of the Act of 1932, and

(b) the application for such pension was not duly made before the 11th day of December, 1933,

such pension shall, notwithstanding anything contained in sub-section (1) of section 15 of the Act of 1932, commence, save where otherwise expressly provided by this Part of this Act, as on and from the date of the passing of this Act.

(2) Where—

(a) an allowance is, after the date of the passing of this Act, granted under Part II of the Act of 1932 to the widow, children, or dependants of a person who died before the 11th day of December, 1932, and

(b) the application for such allowance was not duly made before the 11th day of December, 1933,

such allowance shall, notwithstanding anything contained in sub-section (2) or sub-section (3) of section 15 of the Act of 1932, commence as on and from the date of the passing of this Act.

(3) Where—

(a) an allowance is, after the date of the passing of this Act, granted under Part II of the Act of 1932 to the widow, children or dependants of a person who died on or after the 11th day of December, 1932, and before the date of the passing of this Act, and

(b) the application for such allowance was not duly made within twelve months after the death of such person,

such allowance shall, notwithstanding anything contained in sub-section (3) of section 15 of the Act of 1932, commence as on and from the date of the passing of this Act.

(4) Sub-section (2) of section 15 of the Act of 1932 is hereby amended by the insertion in the said sub-section of the words “or on” after the word “before” now contained therein, and the said sub-section shall be construed and have effect accordingly.

Time limit for making applications for pensions, etc., under Part II of Act of 1932.

22. —(1) Every application by a person who was a member of an organisation to which Part II of the Act of 1932 applies for the grant of a pension or gratuity under the said Part II, or under the said Part II as amended by this Act, shall be made within twelve months after the date of the passing of this Act.

(2) Every application for the grant of an allowance or gratuity under the said Part II, or under the said Part II as amended by this Act, to the widow, children or dependants of a person who died on or before the date on which this Act is passed shall be made before the 1st day of July, 1938.

(3) Every application for the grant of an allowance or gratuity under the said Part II, or under the said Part II as amended by this Act, to the widow, children or dependants of a person who dies after the day on which this Act is passed shall be made before the 1st day of July, 1938, or before the expiration of twelve months after the date of the death of such person, whichever is the later.

(4) Where an application was duly made before the passing of this Act by any person for a pension, allowance or gratuity under Part II of the Act of 1932, and such application was refused, the following provisions shall have effect, that is to say:—

(a) in case such application was refused on the ground that Part II of the Act of 1932 did not apply to him, and the said Part II as amended by this Part of this Act applies to him, such person may renew such application;

(b) in any other case such person shall not be entitled, by virtue of any of the preceding sub-sections of this section, to renew such application.

(5) Section 16 of the Act of 1932 is hereby repealed.

Time limit for application for allowances and gratuities under Part II of the Act of 1932 by widows, children and dependants of certain persons.

23. —(1) Where—

(a) a person dies more than twelve months after the passing of this Act, and

(b) such person's death is due to a wound or disease, and

(c) such person did not within twelve months after the date of the passing of this Act apply for a pension in respect of such wound or disease under Part II of the Act of 1932, as amended by this Act,

no claim in respect of the death of such person for an allowance or gratuity under the said Part II, as so amended, by the widow or any child or dependant of such person shall be entertained.

(2) Nothing in this section shall be construed as limiting the operation of sub-section (3) of the immediately preceding section.

(3) Section 17 of the Act of 1932 is hereby repealed.

Revocation of final grants of pensions under Part II of the Act of 1932.

24. —Where a final grant of a pension to any person has been made under Part II of the Act of 1932, or Part II of the Act of 1932 as amended by this Part of this Act, and the Minister, in exercise of the powers conferred on him by sub-section (1) of section 19 of the Act of 1932, increases, reduces or suspends such pension, the Minister may, on the recommendation of the Army Pensions Board, direct that such final grant be revoked, and in that case the following provisions shall have effect, that is to say:—

(a) such final grant shall be revoked;

(b) notwithstanding anything contained in the said sub-section (1), such person shall, in the event of a final grant of such pension being subsequently made, not be entitled to make any representation to the Minister under the said sub-section (1) after the expiration of ten years from the date on which the final grant so revoked was made.

Application of certain sections of Part II of the Act of 1932.

25. —The expression “under this Part of this Act” wherever it occurs in sections 11 , 13 , 18 and 19 of the Act of 1932 shall be construed as including Part II of the Act of 1932 as amended by this Part of this Act.