PART II.

Increases of Pensions, Allowances and Gratuities under the Acts.

3. —(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, fifteen 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, £15 a year.

(c) where the amount of the pension exceeds £125 a year but does not exceed £150 a year, twelve 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, £18 a year,

(e) where the amount of the pension exceeds £200 a year but does not exceed £300 a year, nine per cent. of the amount of the pension,

(f) where the amount of the pension exceeds £300 a year but does not exceed £450 a year, £27 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.

4. —(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 that 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, and before the 2nd day of April, 1950, shall, in lieu of being an amount calculated in accordance with subsection (2) of section 14 of the Act of 1953, be whichever of the following amounts is the lesser—

(a) the amount payable to such officer under subsection (2) of the said section 14, increased by the appropriate sum,

(b) the amount which would be payable to such officer under the Acts if he had been discharged from the forces on the 2nd day of November, 1952, and his rank and service in that rank on that date were the same as those on the date of his actual discharge and the scale of pension applicable to him were the appropriate scale contained in the Tables to this subsection.

TABLE I

Officer who was a married officer within the meaning of the Defence Force Regulations governing the pay of officers in force on the day before the day of his discharge from the forces.

TABLE II

Officer who was not a married officer within the meaning of the Defence Force Regulations governing the pay of officers in force on the day before the day of his discharge from the forces.

(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 that Schedule at that reference number.

(4) Section 1 of the Act of 1923 is hereby amended by the substitution, in subsection (3), of “£175” for “£100” and “£105” for “£60”, and section 3 of the Act of 1923 (in so far as it relates to the grant of a gratuity) shall have effect accordingly.

5. —(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 that 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 that Schedule at that reference number.

6. —(1) In the Second Schedule to the Act of 1923 (which specifies allowances for dependants of certain deceased officers) there shall be substituted—

(a) in paragraph 1, “£151” for “£90” and “£188” for “£120”,

(b) in paragraph 2 and in paragraph 3, “£41 10s.” for “£36” and “£69” for “£60”,

(c) in paragraph 4, “£60” for “£35”, and

(d) in paragraph 5, “£1 14s. 6d.” for “£1 10s.”.

(2) Section 4 of the Army Pensions (Increase) Act, 1949 (No. 28 of 1949), is hereby repealed.

7. —In the Third Schedule to the Act of 1923 (which specifies allowances for dependants of certain deceased soldiers) there shall be substituted—

(a) in paragraph 1, “£1 10s. 3d.” for “£1 6s. 3d.” and “£78 10s.” for “£45 10s. 0d.”,

(b) in paragraph 2, “8s. 9d.”, “6s.” and “14s. 9d.” for “5s.”, “3s. 6d.” and “8s. 6d.”, respectively,

(c) in paragraph 3, “£60” for “£35”, and

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

8. —(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 that 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 that Schedule at that reference number.

9. —(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 Act of 1953 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 a particular reference number shall be payable at the increased rate mentioned in column (3) of that Schedule at that reference number.

10. —(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 that 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 at a particular reference number shall be payable at the increased rate mentioned in column (3) of that Schedule at that reference number.

(3) Subsection (4) of section 11 of the Act of 1927 is hereby amended by the substitution of “one hundred and seventy-five pounds” for “one hundred pounds” and “one hundred and five pounds” for “sixty pounds.”

11. —(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 April, 1950, 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 Act of 1953 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 at the date of his discharge was 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 a particular reference number shall be payable at the increased rate mentioned in column (3) of that Schedule at that reference number.

(4) Subsection (4) of section 12 of the Act of 1927 is hereby amended—

(i) by the substitution in paragraph (a) of “one hundred and forty pounds” for “eighty pounds” and “eight pounds and fifteen shillings” for “five pounds”,

(ii) by the substitution in paragraph (b) of “seventy pounds” for “forty pounds” and “four pounds seven shillings and sixpence” for “two pounds and ten shillings”.

(5) The First Schedule to the Act of 1949 is hereby amended by the substitution for Part II (which specifies 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.

”

12. —(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 that 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, and before the 2nd day of April, 1950, shall, in lieu of being an amount calculated in accordance with subsection (2) of section 23 of the Act of 1953, be whichever of the following is the lesser—

(a) the amount payable to such officer under subsection (2) of the said section 23, increased by the appropriate sum,

(b) the amount which would be payable to such officer under the Acts if he had been discharged from the forces on the 2nd day of November, 1952, and his rank and service in that rank on that date were the same as those on the date of his actual discharge and the scale of pension applicable to him were the appropriate scale contained in the Tables to subsection (2) of section 4 of this Act.

(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 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 that 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 Act of 1953 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.

13. —In the Sixth Schedule to the Act of 1927 (which specifies allowances to dependants of certain deceased members of the forces)—

(a) in paragraph 1 of Part I, “£151” and “£188” shall be substituted for “£135” and “£120”, respectively,

(b) in paragraphs 2 and 3 of Part I, “£41 10s.” and “£69” shall be substituted for “£24”, and “£40”, respectively,

(c) in paragraph 4 of Part I, “£60” shall be substituted for “£35”,

(d) in paragraph 1 of Part II, “£1 10s. 3d.” and “£78 10s.” shall be substituted for “£1 6s. 3d.” and “£45 10s.”, respectively,

(e) in paragraph 2 of Part II, “8s. 9d.”, “6s.” and “14s. 9d.” shall be substituted for “5s.”, “3s. 6d.” and “8s. 6d.”, respectively, and

(f) in paragraph 3 of Part II, “£60” shall be substituted for “£35”.

14. —(1) The following Parts shall be substituted for Part I and Part II of the Seventh Schedule to the Act of 1927 (which specifies allowances to dependants of certain deceased members of the forces):

“Allowances to Dependants.

PART I.

Officers.

PART II.

Soldiers.

(2) The reference in section 25 of the Act of 1953 to paragraphs 1 and 3 of Part I and paragraphs 1 and 3 of Part II of the Seventh Schedule to the Act of 1927 shall be deemed to be a reference to paragraphs 1 and 3 of Part I and paragraphs 1 and 3 of Part II of the Seventh Schedule to the Act of 1927 as amended by subsection (1) of this section.

(3) Part III of the Seventh Schedule to the Act of 1927 (inserted by subsection (5) of section 5 of the Act of 1943) shall be construed as if, “£90” and “£180” were substituted in paragraph 6 for “£78” and “£112 10s.”, respectively.

(4) Part IV of the Seventh Schedule to the Act of 1927 (inserted by subsection (5) of section 5 of the Act of 1943) shall be construed as if “£45” and “£180” were substituted in paragraph 6 for “£39” and “£112 10s.”, respectively.

15. —(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 that Schedule at that reference number.

(2) Subsection (1) of section 10 of the Act of 1932 is hereby amended by the substitution of “one hundred and thirty pounds” for “seventy-five pounds”.

(3) 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 that Schedule at that reference number.

16. —In the Second Schedule to the Act of 1932 (which specifies allowances and gratuities to certain classes of persons)—

(a) in paragraph 1 in Part I, “£116” and “£150” shall be substituted for “£101 5s. 0d.” and “£90”, respectively,

(b) in paragraphs 2 and 3 in Part I, “£31” and “£52” shall be substituted for “£27” and “£45”, respectively,

(c) in paragraph 5 in Part II, “26s.” shall be substituted for “22s. 6d.”.

17. —section 19 of the Act of 1937 (which provides for gratuities to dependants of deceased members of certain organisations) is hereby amended by the substitution, in sub-section (3), of “one hundred and eighty pounds” for “one hundred and twelve pounds and ten shillings”.

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

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

19. —Section 28 and section 29 of the Act of 1937 (which provide for pensions to former members of the forces and members of certain organisations in respect of wounds or disease aggravated by service) shall have effect as if, for the Schedule to that Act, there were substituted the Sixth Schedule to this Act.

20. —In subsection (2) and in paragraph (d) of subsection (3) of section 37 of the Act of 1937 (which provides for allowances to certain relatives of deceased members of certain organisations) there shall be substituted “sixty-nine pounds” for “sixty pounds”.

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

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

22. —The following Schedule shall be substituted for the Schedule to section 4 of the Act of 1943 (which extends certain provisions of the Act of 1927 to members of the Army Nursing Service):

“SCHEDULE.

Scale of disability pensions and wound pensions for members of the Army Nursing Service.

”

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

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

24. —section 12 of the Act of 1946 (which provides for pensions in respect of tuberculosis aggravated by service during the emergency period) 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.

”

25. —Section 16 of the Act of 1953 (which provides for an increase of further pensions under sections 2 and 3 of the Act of 1923) is hereby amended by the substitution of “thirty-five per cent.” for “twenty-five per cent.”.

26. —Section 24 of the Act of 1953 (which provides for an increase of married pensions under sections 9 to 13 of the Act of 1927 and section 5 of the Act of 1946) is hereby amended by the substitution of “thirty-five per cent.” for “twenty-five per cent.”.

27. —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 or less per annum and that aggregate amount would, if the disablement pension were increased under the preceding provisions of this Act, exceed £477 per annum,

then, the disablement pension shall be increased only by such amount as will bring the aggregate amount of the disablement pension and of the net amount of the Defence Forces pension up to £477 per annum.

28. —The preceding provisions of this Part shall not apply to any disablement pension payable to a person discharged from the forces before the 2nd day of April, 1950, the amount of which, either alone or when aggregated with a Defence Forces pension, exceeds £450 per annum.

29. —Where a person discharged from the forces before the 2nd day of April, 1950, is in receipt of a disablement pension the amount of which, either alone or when aggregated with any Defence Forces pension payable to such person, exceeds £450 per annum, then, the disablement pension shall be increased to whichever of the following amounts is the lesser—

(a) the amount of the disablement pension increased by six per cent.,

(b) the amount of the disablement pension which would be payable to such person if he had been discharged from the forces on the 2nd day of November, 1952, and his rank and service in that rank on that date were the same as those on the date of his actual discharge and the scale of pension applicable to him were the appropriate scale contained in the Tables to subsection (2) of section 4 of this Act.

30. —This Part shall be deemed to have come into operation on the 1st day of August, 1956, and the increase in pensions (including further and married pensions), allowances and gratuities provided by this Part shall have effect from that date.