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23 1953

ARMY PENSIONS ACT, 1953

PART III.

Increases of Pensions and Allowances under the Acts.

Appropriate sum.

12. —(1) For the purposes of this Part, “the appropriate sum” in relation to a pension means—

(a) where the amount of the pension does not exceed £100 a year, 50 per cent. of the amount of the pension,

(b) where the amount of the pension exceeds £100 a year but does not exceed £125 a year, £50 a year,

(c) where the amount of the pension exceeds £125 a year but does not exceed £150 a year, 40 per cent. of the amount of the pension,

(d) where the amount of the pension exceeds £150 a year but does not exceed £200 a year, £60 a year,

(e) where the amount of the pension exceeds £200 a year but does not exceed £346 3s. 1d. a year, 30 per cent. of the amount of the pension,

(f) where the amount of the pension exceeds £346 3s. 1d. a year, sufficient to bring the amount of the pension to £450 a year.

(2) For the purposes of subsection (1) of this section the amount of a pension shall be the amount of the full pension, whether the pension is in course of payment in full, in part or not at all.

(3) In this section “pension” does not include a further pension under section 2 or section 3 of the Act of 1923, or a married pension.

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

13. —Subsection (1) of section 3 of the Act of 1937 is hereby amended by the substitution in paragraph (c) (which relates to the allowance payable to each sister of a Signatory of the Proclamation published on Easter Monday, 1916) of “two hundred and fifty pounds” for “one hundred pounds”.

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

14. —(1) A wound pension granted under section 1 of the Act of 1923 to an officer discharged from the forces before the 1st day of October, 1924, which under the Acts is payable at the rate mentioned in column (2) of the First Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of the said First Schedule at that reference number.

(2) The amount of a wound pension granted under section 1 of the Act of 1923 to an officer discharged from the forces on or after the 1st day of October, 1924, shall be whichever of the following amounts is the lesser—

(a) the amount of such wound pension which would be payable if the Increase Act of 1949 had not been passed, increased by the appropriate sum,

(b) the amount which would be payable under the Acts if the officer had been discharged from the forces on the 2nd day of September, 1946, and his rank and service in that rank on that date were the same as those on the date of his actual discharge.

(3) A wound pension granted under section 1 of the Act of 1923 to a soldier which under the Acts is payable at the rate mentioned in column (2) of the Second Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of the said Second Schedule at that reference number.

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

15. —(1) A wound pension granted under section 3 of the Act of 1923 to a person deemed to have held the rank of officer in the forces which under the Acts is payable at the rate mentioned in column (2) of the First Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of the said First Schedule at that reference number.

(2) A wound pension granted under section 3 of the Act of 1923 to a person deemed to have held the rank of soldier in the forces which under the Acts is payable at the rate mentioned in column (2) of the Second Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of the said Second Schedule at that reference number.

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

16. —A further pension payable under section 2 or under section 3 of the Act of 1923 shall be increased by twenty-five per cent.

Amendment of Second Schedule to the Act of 1923.

17. —In the Second Schedule to the Act of 1923 there shall be substituted—

(a) in paragraph 2 and in paragraph 3, “£36” for “£24” and “£60” for “£40” in both cases where those figures occur, and

(b) in paragraph 5, “£1 10s.” for “£1”.

Amendment of Third Schedule to the Act of 1923.

18. —In the Third Schedule to the Act of 1923 there shall be substituted—

(a) in paragraph 1, “£1 6s. 3d.” for “17s. 6d.”, and

(b) in paragraph 4, “£1 2s. 6d.” for “15s.”.

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

19. —(1) A disability pension granted under subsection (1) of section 9 of the Act of 1927 to an officer which under the Acts is payable at the rate mentioned in column (2) of the First Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of the said First Schedule at that reference number.

(2) A disability pension granted under subsection (1) of section 9 of the Act of 1927 to a soldier which under the Acts is payable at the rate mentioned in column (2) of the Second Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of the said Second Schedule at that reference number.

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

20. —(1) The amount of a disability pension granted under subsection (1) of section 10 of the Act of 1927 to an officer discharged from the forces before the 2nd day of April, 1950, shall be determined in accordance with the provisions set out in the Third Schedule to this Act.

(2) A disability pension granted under subsection (1) of section 10 of the Act of 1927 to a soldier suffering at the date of his discharge from a disablement caused by disease attributable to service in the forces during the April, 1922-September, 1924, period shall, in lieu of being payable at the rate specified in that behalf in those provisions of the Fourth Schedule to the Increase Act of 1949 which are applicable to his case, be payable at the increased rate specified in that behalf in those provisions of the Fourth Schedule to this Act which are applicable to his case.

(3) A disability pension granted under subsection (1) of section 10 of the Act of 1927 to a soldier who was at the date of his discharge from the forces suffering from a disablement caused by disease attributable to service in the forces during the emergency period and which under the Acts is payable at the rate mentioned in column (2) of the Second Schedule to this Act at any reference number shall be paid at the increased rate mentioned in column (3) of the said Second Schedule at that reference number.

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

21. —(1) A wound pension granted under subsection (1) of section 11 of the Act of 1927 to an officer which under the Acts is payable at the rate mentioned in column (2) of the First Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of the said First Schedule at that reference number.

(2) A wound pension granted under subsection (1) of section 11 of the Act of 1927 to a soldier which under the Acts is payable at the rate mentioned in column (2) of the Second Schedule to this Act shall be payable at the increased rate mentioned in column (3) of the said Second Schedule at that reference number.

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

22. —(1) The amount of a wound pension granted under subsection (1) of section 12 of the Act of 1927 to an officer discharged from the forces before the 2nd day of September, 1946, shall be determined in accordance with the provisions set out in the Third Schedule to this Act.

(2) A wound pension granted under subsection (1) of section 12 of the Act of 1927 to a soldier who was discharged from the forces before the 30th day of July, 1949, and who at the date of his discharge was suffering from a disablement due to a wound attributable to service in the forces other than during the emergency period shall, in lieu of being payable at the rate specified in that behalf in those provisions of the Fourth Schedule to the Increase Act of 1949 which are applicable to his case, be payable at the increased rate specified in that behalf in those provisions of the Fourth Schedule to this Act which are applicable to his case.

(3) A wound pension granted under subsection (1) of section 12 of the Act of 1927 to a soldier who was discharged from the forces before the 30th day of July, 1949, and who was at the date of his discharge from the forces suffering from a disablement due to a wound attributable to service in the forces during the emergency period and which under the Acts is payable at the rate mentioned in column (2) of the Second Schedule to this Act at any reference number shall be paid at the increased rate mentioned in column (3) of the said Second Schedule at that reference number.

(4) The First Schedule to the Act of 1949 is hereby amended by the substitution for Part II (which relates to the amount of a wound pension payable to a soldier who was discharged from the forces on or after the 30th day of July, 1949) of the following:

“PART II.

Wound Pensions—Soldiers.

Degree of Disablement

Rate of Pension per week

Per cent.

£

s.

d.

100

3

 1

 2

90

2

16

8

80

2

10

5

70

2

4

0

60

1

17

 9

50

1

11

6

40

1

5

2

30

18

11

20

12

 6

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

23. —(1) A disability pension granted under subsection (1) of section 13 of the Act of 1927 to an officer discharged from the forces before the 1st day of October, 1924, or to a person determined to have been an officer which under the Acts is payable at the rate mentioned in column (2) of the First Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of the said First Schedule at that reference number.

(2) The amount of a disability pension granted under subsection (1) of section 13 of the Act of 1927 to an officer discharged from the forces on or after the 1st day of October, 1924, shall be whichever of the following amounts is the lesser—

(a) the amount of such disability pension as would be payable if the Increase Act of 1949 had not been passed, increased by the appropriate sum,

(b) the amount which would be payable under the Acts if the officer had been discharged from the forces on the 2nd day of September, 1946, and his rank and service in that rank on that date were the same as those on the date of his actual discharge.

(3) A disability pension granted under subsection (1) of section 13 of the Act of 1927 to a soldier discharged from the forces before the 1st day of October, 1924, or to a person determined to have been a soldier which is payable at the rate mentioned in column (2) of the Second Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of the said Second Schedule at that reference number.

(4) A disability pension granted under subsection (1) of section 13 of the Act of 1927 to a soldier discharged from the forces on or after the 1st day of October, 1924, shall, in lieu of being payable at the rate specified in that behalf in those provisions of the Fourth Schedule to the Increase Act of 1949 which are applicable to his case, be payable at the increased rate specified in that behalf in those provisions of the Fourth Schedule to this Act which are applicable to his case.

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

24. —A married pension payable under section 9, section 10, section 11, section 12 or section 13 of the Act of 1927 or under section 5 of the Act of 1946 shall be increased by twenty-five per cent.

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

25. —The allowances payable under subsection (2) of section 15 of the Act of 1927 and mentioned at paragraphs 1 and 3 of Part I, and at paragraphs 1 and 3 of Part II, of the Seventh Schedule to the Act of 1927 (inserted therein by section 27 of this Act) to the dependants of an officer or soldier who—

(a) was killed while serving in the forces (whether before or after the passing of this Act) in the course of his duty as a member of the forces or in circumstances attributable to his service in the forces, or

(b) receives (whether before or after the passing of this Act) while serving in the forces a wound attributable to his service in the forces and dies solely from such wound but within four years after receiving such wound,

shall be increased by 50 per cent.

Amendment of Sixth Schedule to the Act of 1927.

26. —In paragraph 1 of Part II of the Sixth Schedule to the Act of 1927, “£1 6s. 3d.” shall be substituted for “17s. 6d.”.

Amendment of Seventh Schedule to the Act of 1927.

27. —(1) The following Parts shall be substituted for Part I and Part II of the Seventh Schedule to the Act of 1927:

Allowances to Dependants.

PART I.

Officers.

1. Widow of second lieutenant, lieutenant or captain.

£90 per annum during widowhood.

Widow of major, lieutenant-colonel or commandant.

£135 per annum during widowhood.

Widow of colonel or officer of higher rank.

£170 per annum during widowhood.

2. Widow of officer (any rank)

£120 gratuity on first re-marriage.

3. Children who are, in the case of sons, under the age of 18, and in the case of daughters, unmarried and under the age of 21.

(a) while mother is living, £27 per annum for each child.

(b) after death of mother, £50 per annum for each child.

4. Children over the age of 11 and under the age of 18.

Repayment of amount proved to have been in fact necessarily and properly expended in educational fees but not exceeding £60 in any one calendar year in respect of any one child. This allowance is additional to the allowance stated at No. 3.

PART II.

Soldiers.

1. Widow

18/9d. per week during widowhood.

2. Widow

Gratuity of £50 on first re-marriage.

3. Children who are, in the case of sons, under the age of 18, and in the case of daughters, unmarried and under the age of 18.

(a) while mother is living, 7/- per week for each child.

(b) after death of mother, 14/- per week for each child.

4. Children over the age of 11 and under the age of 18.

Repayment of amount proved to have been in fact necessarily and properly expended in educational fees but not exceeding £60 in any one calendar year in respect of any one child. This allowance is additional to the allowance stated at No. 3.”

(2) Part III of the Seventh Schedule to the Act of 1927 (inserted by subsection (5) of section 5 of the Act of 1943) as amended by subsection (1) of section 10 of the Act of 1946, shall be construed as if there were substituted for the figure “£52” in paragraph 6 the figure “£78”.

(3) Part IV of the Seventh Schedule to the Act of 1927 (inserted by subsection (5) of section 5 of the Act of 1943) as amended by subsection (1) of section 10 of the Act of 1946, shall be construed as if there were substituted for the figure “£26” in paragraph 6 the figure “£39”.

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

28. —(1) A wound pension or a disability pension granted under subsection (1) or under subsection (2) of section 10 of the Act of 1932 which is payable at the rate mentioned in column (2) of the Fifth Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (4) of the said Schedule at that reference number.

(2) A married pension granted under subsection (3) of section 10 of the Act of 1932 which is payable at the rate mentioned in column (3) of the Fifth Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (5) of the said Schedule at that reference number.

Amendment of Second Schedule to the Act of 1932.

29. —(1) There shall be substituted in Part I of the Second Schedule to the Act of 1932—

(a) “£101 5s. 0d.” for “£67 10s.”,

(b) “£27” for “£18” in each case where the latter occurs,

(c) “£45” for “£30” in each case where the latter occurs, and

(d) “£52” for “£26”.

(2) There shall be substituted in Part II of the Second Schedule to the Act of 1932 “22s. 6d.” for “15s.”.

(3) Where, under subsection (1) of section 18 of the Act of 1937, Part I of the Second Schedule to the Act of 1932 is to be construed and have effect as if “£90” were substituted for “£67 10s. 0d.”, the said Part I shall be construed and have effect as if “£135” were substituted for “£90”.

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

30. —(1) Every final pension under section 26 of the Act of 1937 which is payable at the rate of seventeen shillings and three pence per week shall be payable at the rate of one pound two shillings and sixpence per week.

(2) Every final pension under section 26 of the Act of 1937 which is payable at the rate of one pound and three shillings per week shall be payable at the rate of one pound and ten shillings per week.

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

31. —Section 28 and section 29 of the Act of 1937 shall have effect as if, for the Schedule to the Act of 1937, there were substituted the Sixth Schedule to this Act.

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

32. —In subsection (2) and in paragraph (d) of subsection (3) of section 37 of the Act of 1937 there shall be substituted the words “sixty pounds” for the words “forty pounds”.

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

33. —(1) Every final pension under section 6 of the Act of 1941 which is payable at the rate of seventeen shillings and threepence per week shall be payable at the rate of one pound two shillings and sixpence per week.

(2) Every final pension under section 6 of the Act of 1941 which is payable at the rate of one pound and three shillings per week shall be payable at the rate of one pound and ten shillings per week.

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

34. —The following Schedule shall be substituted for the Schedule to section 4 of the Act of 1943:

“SCHEDULE.

Degree of Disablement

Scale of Pension

£

s.

d.

100

per

cent.

160

0

0

per

annum

90

148

10

0

80

132

0

0

70

115

10

0

60

99

0

0

50

82

10

0

40

66

0

0

30

49

10

0

20

33

0

0

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

35. —(1) Every final pension under section 6 of the Act of 1943 which is payable at the rate of seventeen shillings and three pence per week shall be payable at the rate of one pound two shillings and sixpence per week.

(2) Every final pension under section 6 of the Act of 1943 which is payable at the rate of one pound and three shillings per week shall be payable at the rate of one pound and ten shillings per week.

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

36. —Section 12 of the Act of 1946 shall have effect as if for the Second Schedule to that Act there were substituted the following—

“SECOND SCHEDULE.

Rates of Pensions under Section 12 of this Act.

Degree of Disablement

Pension

(1)

(2)

100

per

cent.

£150

per

annum

90

£135

80

£120

Restrictions on increase of pension.

37. —(1) In this section—

the expression “disablement pension” means a wound or disability pension under the Acts, and includes any further pension under section 2 or section 3 of the Act of 1923 and a married pension;

the expression “Defence Forces pension” means retired pay or pension under any scheme made (whether before or after the passing of this Act) under the Defence Forces (Pensions) Acts, 1932 to 1949, as amended by any subsequent enactment.

(2) The provisions of this Part shall not apply to any disablement pension which under the Acts is payable at the rate of £450 a year or any higher rate.

(3) Where under any of the provisions of this Act a disablement pension would, but for this subsection, be increased to an amount exceeding £450 per annum, the disablement pension shall, subject to subsections (4) and (5) of this section, be increased to £450 per annum and no more.

(4) Where—

(a) a person is in receipt of a disablement pension, and

(b) such person is also in receipt of a Defence Forces pension, and

(c) the aggregate amount of—

(i) the disablement pension, and

(ii) the net amount of the Defence Forces pension is £450 per annum or more,

then, no increase of the disablement pension shall be made under this Act.

(5) Where—

(a) a person is in receipt of a disablement pension, and

(b) such person is also in receipt of a Defence Forces pension, and

(c) the aggregate amount of—

(i) the disablement pension, and

(ii) the net amount of the Defence Forces pension is less than £450 per annum, and

(d) the said aggregate amount would, if the disablement pension were increased under the provisions of this Act, exceed £450 per annum,

then, the disablement pension shall be increased only by such amount under this Act as will bring the aggregate amount of the disablement pension and of the net amount of the Defence Forces pension up to £450 per annum.

Commencement of this Part.

38. —This Part shall be deemed to have come into operation on the 1st day of January, 1953, and the increase in pensions (including further and married pensions) and allowances provided by this Part shall have effect from that date.