Number 24 of 1932.
ARMY PENSIONS ACT, 1932.
ARRANGEMENT OF SECTIONS
Preliminary
Section | |
Extension of the Army Pensions Acts, 1923 and 1927
Grant of allowances and gratuities to certain classes of persons. | |
Grant of allowances and gratuities to certain widows and children. | |
Amendment of the Army Pensions Acts, 1923 and 1927
Revision of final grants of pensions under the Acts of 1923 and 1927. | |
Amendment of Sixth and Seventh Schedules to the Act of 1927. |
Acts Referred to | |
No. 26 of 1923 | |
No. 12 of 1927 | |
Number 24 of 1932.
ARMY PENSIONS ACT, 1932.
PART I.
Preliminary.
Short title and citation.
1.—(1) This Act may be cited as the Army Pensions Act, 1932.
(2) The Army Pensions Acts, 1923 and 1927, and this Act may be cited together as the Army Pensions Acts, 1923 to 1932.
Definitions.
2.—In this Act—
the expression “the Act of 1923” means the Army Pensions Act, 1923 (No. 26 of 1923);
the expression “the Act of 1927” means the Army Pensions Act, 1927 (No. 12 of 1927);
the expression “the Acts of 1923 and 1927” means the Army Pensions Acts, 1923 and 1927.
Construction.
3.—This Act shall be construed as one with the Acts of 1923 and 1927, and accordingly every word and expression to which a particular meaning is assigned in those Acts has in this Act that particular meaning, save as is otherwise expressly provided by this Act.
PART II.
Extension of the Army Pensions Acts, 1923 and 1927.
Application of this Part.
4.—This Part of this Act applies to the following organisations, that is to say:—
(a) Oglaigh na hEireann (Irish Republican Army),
(b) The Irish Volunteers,
(c) The Irish Citizen Army,
(d) Fianna Eireann,
(e) The Hibernian Rifles,
(f) Cumann na mBan.
Definitions and interpretation of this Part.
5.—(1) A person shall for the purposes of this Part of this Act be deemed to have been engaged in military service when, but only when, he was on duty as a member of an organisation to which this Part of this Act applies, or was under arrest as a result of his activities as such member, or being such member was evading capture or pursuit by the armed forces of the British Government or of the Government of Saorstát Eireann or of the Provisional Government or of the Government of Northern Ireland, or being such member was detained in a prison or ship, or an internment camp by or by order of any of the said Governments, and the expression “military service” shall, in this Part of this Act, be construed accordingly.
(2) In this Part of this Act—
the expression “pre-truce military service” means military service during any part of the period beginning on the 1st day of April, 1916, and ending on the 11th day of July, 1921;
the expression “post-truce military service” means military service during any part of the period beginning on the 12th day of July, 1921, and ending on the 30th day of September, 1923 ;
the word “killed” includes (in addition to the matters included therein by the Acts of 1923 and 1927) death as an immediate result of refusing to take nourishment while detained in prison and death by violence while a prisoner.
(3) Notwithstanding anything contained in the foregoing sub-sections of this section, a person who was engaged in military service before the 1st day of October, 1923, and who, at any time during the period beginning on the 1st day of October, 1923 and ending on the 30th day of September, 1924, received a wound or contracted a disease while refusing to take nourishment in prison, or undergoing imprisonment, or evading capture or arrest shall, for the purposes of this Part of this Act, be deemed to have been engaged in post-truce military service at the time he received such wound or contracted such disease.
Establishment of Military Service Registration Board.
6.—(1) There shall be established a board to be styled and known as the Military Service Registration Board (in this Part of this Act referred to as the Registration Board) which shall consist of three members, that is to say, a chairman and two ordinary members.
(2) Every member of the Registration Board shall be appointed by the Minister with the concurrence of the Minister for Finance.
(3) The chairman of the Registration Board shall be that member thereof who is for the time being nominated by the Minister, with the concurrence of the Minister for Finance, to be the chairman thereof.
(4) Every member of the Registration Board shall hold office during the pleasure of the Minister, but no such member shall be removed from office without the concurrence of the Minister for Finance.
(5) There may be paid, out of moneys provided by the Oireachtas, to any member of the Registration Board such fees or remuneration as the Minister for Finance may determine.
(6) The Minister may, with the consent of the Minister for Finance, make rules regulating the procedure of the Registration Board.
(7) The Registration Board may, for the purpose of carrying out the duties imposed on them by this Act, make all such inquiries, have access to and power to call for the production of all such public records, summon all such witnesses, and take such evidence on oath (which they are hereby empowered to administer) or otherwise as they may deem necessary.
(8) The Registration Board shall keep a register of all cases dealt with by them under this Part of this Act and enter in such register such particulars of such cases as the Minister may direct.
Temporary incapacity of member of Registration Board.
7.—Whenever a member of the Registration Board is, through ill-health or other sufficient cause, temporarily incapacitated from performing his duties as such member, the Minister may, with the concurrence of the Minister for Finance, appoint another person to be a member of the Registration Board in place of the member so incapacitated for so long as such incapacity continues.
Reference of applications to the Registration Board.
8.—(1) Every application for the grant under this Part of this Act of a pension or gratuity to or an allowance or gratuity in respect of a person alleged to have been a member of an organisation to which this Part of this Act applies shall (notwithstanding anything contained in Section 7 of the Act of 1927) be referred by the Minister to the Registration Board, and thereupon the Registration Board shall ascertain and certify to the Minister the following particulars in respect of such person, that is to say:—
(a) whether such person was a member of any and, if so, which of the said organisations, and
(b) whether such person was engaged in military service and, if so, the prescribed particulars of such service, and
(c) whether such person received a wound while engaged in military service and, if so, the prescribed particulars of such wound and, if such person is dead, the date of his death, and
(d) whether such person contracted any disease during his military service and, if so, the prescribed particulars of such disease, and if such person is dead, the date of his death, and
(e) if such person is dead, whether he was killed while engaged in military service and, if so, the prescribed particulars of the circumstances of his death, and
(f) such other particulars in respect of such person as the Minister may request the Registration Board to ascertain and certify.
(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 be final and conclusive evidence for the purposes of this Part of this Act of the matters of fact certified therein.
Reference of applications to Army Pensions Board.
9.—Whenever the Minister, after referring under the immediately preceding section to the Registration Board an application for the grant under this Part of this Act of a pension or gratuity to or an allowance or gratuity in respect of any person, receives from the Registration Board a service certificate in respect of such person, the Minister shall (unless it appears from such service certificate that such person is not a person to whom a pension or gratuity or in respect of whom an allowance or gratuity could be granted under this Part of this Act) refer the said application to the Army Pensions Board in pursuance of Section 7 of the Act of 1927, and thereupon that section and Section 8 of that Act shall apply subject to the modification that the Army Pensions Board shall not investigate or report on any matter which is, under this Part of this Act, the subject of ascertainment and certification by the Registration Board.
Grant of pensions and gratuities to certain persons.
10.—(1) Whenever a person in respect of whom a service certificate has been issued is examined by the Army Pensions Board and is at the date of his examination by that Board suffering from a disablement due to a wound attributable to military service, then—
(a) if the degree of such disablement (otherwise than by reason of the serious negligence or misconduct of such person) is at the date of his said examination not less than twenty per cent., such person may be granted a pension at the rate mentioned in the second column of the First Schedule to this Act opposite to the appropriate degree of disablement in the first column of that Schedule, or
(b) if the degree of such disablement (otherwise than by reason of the serious negligence or misconduct of such person) is at the date of his said examination less than twenty per cent., such person may be granted a gratuity of such amount, not exceeding seventy-five pounds, as the Minister, having regard to all the circumstances of the case, shall with the consent of the Minister for Finance determine.
(2) Whenever a person in respect of whom a service certificate has been issued is examined by the Army Pensions Board and is at the date of his examination by that Board suffering from a disease attributable to military service and the degree of disablement (otherwise than by reason of the serious negligence or misconduct of such person) is at the date of his said examination not less than the minimum degree of disablement, such person may be granted a pension at the rate mentioned in the second column of the First Schedule to this Act opposite the appropriate degree of disablement in the first column of that Schedule.
(3) If a person to whom a pension is granted under this section was married before the critical date as defined by the next following sub-section of this section and is at the date of the commencement of such pension a married man for the purposes of this Part of this Act, such person shall, for so long after such commencement as he continues to be a married man for those purposes be entitled to be paid and receive a married pension at the rate mentioned in the third column of the First Schedule to this Act opposite to the appropriate degree of disablement mentioned in the first column of that Schedule.
(4) For the purposes of the foregoing sub-section of this section the critical date shall be—
(a) in the case of a person suffering from disablement due to a wound—the date on which he received such wound; and
(b) in the case of a person who is suffering from disablement due to a disease and was engaged in pre-truce military service only—the 1st day of July, 1922; and
(c) in the case of a person who is suffering from disablement due to disease and was engaged in post-truce military service (whether he was or was not also engaged in pre-truce military service)—the 1st day of October, 1924.
(5) Whenever a person in respect of whom a service certificate has been issued and who was engaged in post-truce military service (whether he was or was not also engaged in pre-truce military service) is examined by the Army Pensions Board and at the date of his examination by that Board either is suffering from a disablement due to a wound attributable to military service which is less than twenty per cent. or is not suffering from any such disablement, then, if the Minister is satisfied that such person, at any time before his said examination, suffered during a substantial period from a disablement due to a wound attributable to military service and substantially exceeding twenty per cent., and that the case of such person was one of special hardship, the Minister, if he thinks proper so to do having regard to all the circumstances of the case, may—
(a) if such person is granted a gratuity of less than £75 under sub-section (1) of this section, grant to such person, in addition to the gratuity under the said sub-section (1), a gratuity of such amount, not exceeding the sum by which the gratuity under the said sub-section (1) falls short of £75, as the Minister shall, with the consent of the Minister for Finance, determine, or
(b) if such person is not granted a gratuity under the said sub-section (1), grant to such person a gratuity of such amount not exceeding £75 as the Minister shall, with the consent of the Minister for Finance, determine.
Definition of “married man.”
11.—(1) A person shall be a married man for the purposes of this Part of this Act from the date of his marriage until the happening of whichever of the following events first happens and (save as is hereinafter provided) no longer, that is to say, his own death, the death of his wife, the lawful annulment of the marriage, or the lawful dissolution of the marriage.
(2) A person shall be a married man for the purposes of this Part of this Act for so long after the death of his wife or the lawful annulment or lawful dissolution of his marriage as he lives and has a child living who is, if a son, under the age of eighteen years, or, if a daughter, under the age of twenty-one years and unmarried.
Grant of allowances and gratuities to certain classes of persons.
12.—(1) The Minister may, on account of the death of a person to whom this section applies, do either but not both of the following things, that is to say:—
(a) if the widow of such person has not re-married before the passing of this Act, grant to the widow and children of such person the several allowances and gratuities specified in Part I. of the Second Schedule to this Act, or
(b) grant to such one or more as the Minister shall determine of the dependants mentioned in Part II. of the Second Schedule to this Act of such person such allowance or gratuity as is mentioned in the said Part II.
(2) The rules contained in Part III. of the Second Schedule to this Act shall have effect in relation to allowances and gratuities granted under the immediately preceding sub-section.
(3) This section applies to every person who was a member of an organisation to which this Part of this Act applies and who complied with one of the following conditions, that is to say:—
(a) such person was killed while engaged in military service and was so killed in circumstances attributable to such service; or
(b) such person was engaged in pre-truce military service only and received a wound attributable to such service and died within four years after receiving such wound and his death was due to such wound; or
(c) such person was engaged in pre-truce military service only and died before the 11th day of July, 1925 and his death was due to disease attributable to such service; or
(d) such person was engaged in post-truce military service (either in addition to or without pre-truce military service) and died from a wound or disease attributable to such service.
(4) Where—
(a) a deceased member of an organisation to which this Part of this Act applies was engaged in post-truce military service (either in addition to or without pre-truce military service) and died (whether before or after the passing of this Act) from a wound or disease attributable to such service, and
(b) such member leaves a widow, and
(c) the marriage of such widow to such member took place, in case his death was due to a wound, after the date of 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 this section to any person on account of the death of such member, and
(ii) in case such member dies after the passing of this Act and was not granted a pension in respect of such wound or disease under this Part of this Act, or died before the passing of this Act, the Minister 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.
(5) Where—
(a) a deceased member of an organisation to which this Part of this Act applies was engaged in post-truce military service (either in addition to or without pre-truce military service) and dies after the passing of this Act from a wound or disease attributable to such service, and
(b) such member was granted a pension in respect of such wound or disease under this Part of this Act,
no allowance or gratuity shall be granted under sub-section (1) of this section to any person on account of the death of such member.
Grant of allowances and gratuities to certain widows and children.
13.—(1) If a person to whom a pension and a married pension have been granted under this Part of this Act dies while in receipt of both those pensions and his death is due to the wound or disease which was the cause of the disablement on account of which such pensions were granted, the Minister may grant to the widow and children of such person the several allowances and gratuities specified in Part I of the Second Schedule to this Act.
(2) The rules contained in Part III of the Second Schedule to this Act shall, so far as applicable, have effect in relation to allowances and gratuities granted under this section.
Prohibition of applications by certain persons.
14.—No person who under the Act of 1923, or under the Act of 1927 duly applied for and was refused a pension, allowance, or gratuity under those Acts or either of them shall be entitled to apply for or be granted a pension, allowance, or gratuity under this Part of this Act.
Commencement of pensions and allowances.
15.—(1) All pensions (including married pensions) granted under this Part of this Act shall commence as on and from the 1st day of April, 1932.
(2) All allowances granted under this Part of this Act to the widow, children, or dependants of a person who died before the 1st day of April, 1932, shall commence as on and from that date.
(3) All allowances granted under this Part of this Act to the widow, children, or dependants of a person who dies after the 1st day of April, 1932 (whether before or after the passing of this Act) shall commence as on and from the day after the day on which such person dies.
Times for making applications.
16.—(1) Every application by a person who was a member of an organisation to which this Part of this Act applies for the grant of a pension or gratuity under this Part of this Act shall be made within twelve months after the passing of this Act.
(2) Every application for the grant of an allowance or gratuity under this Part of this Act to the widow, children, or dependants of a person who died on or before the day on which this Act is passed shall be made within twelve months after the passing of this Act.
(3) Every application for the grant of an allowance or gratuity under this Part of this Act to the widow, children, or dependants of a person who died after the day on which this Act is passed shall be made within twelve months after the death of such person.
Time limit for application for allowances and gratuities under this part by widows, children and dependants of certain persons.
17.—(1) Where—
(a) a person dies more than twelve months after the date of 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 duly apply for a pension in respect of such wound or disease under this Part of this Act,
no claim in respect of the death of such person for an allowance or gratuity under this Part of this Act 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.
Finality of awards under this Part.
18.—(1) Where an award of a gratuity under this Part of this Act in respect of a wound is made or an award of a pension or gratuity under this Part of this Act in respect of a wound is refused, such award or the refusal of such award (as the case may be) shall, save as is otherwise provided by this section, be final and incapable of reconsideration or review.
(2) Any person to whom an award of a gratuity under this Part of this Act in respect of a wound was made or any person to whom an award of a pension or gratuity under this Part of this Act in respect of a wound was refused solely on the ground that such person was not suffering from any disablement may, within five years from the date of such award or the refusal of such award (as the case may be), apply to the Minister to have the amount of such award or the refusal of such award (as the case may be) re-considered and thereupon the Minister, if he thinks proper so to do, may refer the matter to the Army Pensions Board for re-consideration and may, on the report of the Army Pensions Board, grant such pension or gratuity (if any) as could have been granted if such report had been made when the case was first investigated under this Part of this Act, subject to the limitation that any pension so granted shall not commence on a date earlier than the date which is found by the Army Pensions Board to be the date on which the disablement in respect of which such pension is granted first attained to twenty per cent.
Revision of final grants of pensions under this Part.
19.—(1) Where a final grant of a pension to any person has been made under this Part of this Act and such person at any time or times within ten years from the date of such final grant represents to the Minister that the degree of his disablement at the time of such representation is, in case such person is then in actual receipt of such pension, ten per cent. or more in excess of his previous degree of his disablement, or in case such pension is then suspended under this section, is not less than the relevant minimum, and furnishes prima facie evidence which is in the opinion of the Minister satisfactory, in support of such representation, the Minister may request the Army Pensions Board to re-examine medically such person and re-assess his degree of disablement, and upon such re-assessment being made the following provisions shall have effect, that is to say:—
(a) in case such person is at the time in actual receipt of such pension then—
(i) if the degree of his disablement is found on such re-assessment to be greater than his previous degree of disablement or less than his previous degree of disablement but not less than the relevant minimum, the Minister may, if he so thinks fit, increase or reduce (in accordance with such reassessment) the amount of such pension to an amount appropriate under this Part of this Act to the case of a person suffering from a degree of disablement corresponding to the degree so reassessed, or
(ii) if the degree of his disablement is found on such re-assessment to be less than the relevant minimum, the Minister shall suspend such pension, without prejudice however to the right of such person to make a further representation under this section within the time limited by this section; or
(b) in case the pension of such person is at the time suspended under this section, then—
(i) if the degree of his disablement is found on such re-assessment to be not less than the relevant minimum, the Minister may, if he so thinks fit, remove such suspension and fix the pension at an amount appropriate under this Part of this Act to the case of a person suffering from a degree of disablement corresponding to the degree so reassessed, or
(ii) if the degree of his disablement is found on such re-assessment to be less than the relevant minimum, such pension shall continue to be suspended without prejudice however to the right of such person to make a further representation under this section within the time limited by this section.
(2) Every increase of a pension or removal of suspension of payment of a pension under this section shall take effect from such date (not being earlier in any case than the 1st day of April, 1932) as the Minister thinks proper and every decrease of a pension or suspension of a pension under this section shall take effect from such date (not being earlier than the date of the reassessment which resulted in such decrease or suspension) as the Minister thinks proper.
(3) In this section the expression “relevant minimum” means, in relation to a disablement attributable to a wound, 20 per cent. and in relation to a disablement attributable to disease, 80 per cent.
(4) Reference in this section to the previous degree of disablement of a person making a representation under this section shall be construed as referring to the degree of disablement by reference to which the amount of the final grant of the pension to such person was made or if the degree of disablement of that person was re-assessed under this section, to the degree of disablement as last re-assessed before the making of such representation.
Application of certain sections of previous Acts.
20.—(1) Sections 5, 6, and 9 to 15 of the Act of 1923, as amended by the Act of 1927 and this Act, and sections 17, 20, 21, 23, and 24 of the Act of 1927 shall apply in respect of pensions, allowances, and gratuities under this Part of this Act, persons who are or claim to be entitled to such pensions, allowances, and gratuities, persons to whom such pensions, allowances, and gratuities are granted, and persons applying for such pensions, allowances, and gratuities as if such pensions, allowances, and gratuities were the pensions, allowances, and gratuities mentioned in those sections respectively.
(2) The reference in section 21 of the Act of 1927 to persons attending in the city or county of Dublin as applicants or witnesses before the Army Pensions Board pursuant to a summons by that Board shall be construed as including a reference to persons attending in the city or county of Dublin as applicants or witnesses before the Military Service Registration Board pursuant to a summons by that Board.
(3) Section 25 (except sub-section (4) thereof) of the Act of 1927 shall apply to persons to whom pensions are granted under this Part of this Act and for the purposes of such application every reference in that section to a pension in relation to any such person shall be construed as a reference to the pension granted to him under this Part of this Act.
(4) The Minister may by order make regulations under section 27 of the Act of 1927 in regard to any matter or thing referred to in this Part of this Act as prescribed, and the said section 27 shall apply to such regulations in like manner as it applies to the regulations mentioned therein.
PART III.
Amendment of the Army Pensions Acts, 1923 and 1927.
Amendment of section 10 of Act of 1923.
21.—Sub-section (3) of section 10 of the Act of 1923 shall be construed and have effect as if for the words “the Minister” now contained therein there were substituted the words “any Minister or Department of State.”
Amendment of Second and Third Schedules to the Act of 1923.
22.—(1) The Second Schedule to the Act of 1923 is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—
(a) by the insertion in section 3 of the said Schedule of the word “unmarried” before the word “daughter”; and
(b) by the insertion in section 5 (c) of the said Schedule of the words “permanently invalided unmarried” before the word “sister”; and
(c) by the insertion in section 6 of the said Schedule of the word “unmarried” before the word “sister.”
(2) The Third Schedule to the Act of 1923 is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—
(a) by the insertion in section 2 of the said Schedule of the words “unmarried and” after the word “daughters”; and
(b) by the insertion in section 4 (c) of the said Schedule of the words “permanently invalided unmarried” before the word “sister”; and
(c) by the insertion in section 5 of the said Schedule of the word “unmarried” before the word “sister.”
(3) Where it appears to the Minister that a person to whom an allowance has been granted under section 3, section 5 (a), section 5 (c) or section 6 of the Second Schedule to the Act of 1923 as amended by this section or under section 3, section 4 (a) or section 4 (c) or section 5 of the Third Schedule to the Act of 1923 as amended by this section has married since the commencement of such allowance or that a person to whom an allowance has been granted under section 5 (c) of the Second Schedule to the Act of 1923, or section 4 (c) of the Third Schedule to the Act of 1923 has recovered, the Minister may reconsider such allowance and, if he thinks fit, reduce or terminate such allowance.
Finality of awards under previous Acts.
23.—(1) Where before the passing of this Act an award of a gratuity under the Acts of 1923 and 1927 in respect of a wound was made or an award of a pension or gratuity under the said Acts in respect of a wound was refused, such award or the refusal of such award (as the case may be) shall, save as is otherwise provided by this section, be final and incapable of reconsideration or review.
(2) Any person to whom an award of a gratuity under the Acts of 1923 and 1927 in respect of a wound was made before the passing of this Act or any person to whom an award of a pension or gratuity under the said Acts in respect of a wound was refused before the passing of this Act solely on the ground that such person was not suffering from any disablement may apply within twelve months after the passing of this Act to the Minister to have the amount of such award or the refusal of such award (as the case may be) re-considered and thereupon the Minister, if he thinks proper so to do, may refer the matter to the Army Pensions Board for re-consideration and may, on the report of the Army Pensions Board, grant such pension or gratuity (if any) as could have been granted if such report had been made when the case was first investigated under the Acts of 1923 and 1927, subject to the limitation that any pension so granted shall commence on whichever of the following dates is the later, that is to say, the 1st day of April, 1932 or the date which is found by the Army Pensions Board to be the date on which the disablement in respect of which such pension is granted first attained to twenty per cent.
Revision of final grants of pensions under the Acts of 1923 and 1927.
24.—(1) Where a final grant of a pension to any person has been made under the Acts of 1923 and 1927, and such person at any time or times within ten years from the date of such final grant represents to the Minister that the degree of his disablement at the time of such representation is, in case such person is then in actual receipt of such pension, ten per cent. or more in excess of his previous degree of his disablement, or in case such pension is then suspended under this section, is not less than the relevant minimum, and furnishes prima facie evidence which is in the opinion of the Minister satisfactory in support of such representation, the Minister may request the Army Pensions Board to re-examine medically such person and re-assess his degree of disablement, and upon such re-assessment being made the following provisions shall have effect, that is to say:—
(a) in case such person is at the time in actual receipt of such pension, then—
(i) if the degree of his disablement is found on such re-assessment to be greater than his previous degree of disablement or less than his previous degree of disablement but not less than the relevant minimum, the Minister may, if he so thinks fit, increase or reduce (in accordance with such assessment) the amount of such pension to an amount appropriate under the said Act to the case of a person suffering from a degree of disablement corresponding to the degree so re-assessed, or
(ii) if the degree of his disablement is found on such re-assessment to be less than the relevant minimum the Minister may, if he so thinks fit, suspend such pension, without prejudice however to the right of such person to make a further representation under this section within the time limited by this section; or
(b) in case the pension of such person is at the time suspended under this section, then—
(i) if the degree of his disablement is found on such re-assessment to be not less than the relevant minimum, the Minister may, if he so thinks fit, remove such suspension and fix the pension at an amount appropriate under the said Act to the case of a person suffering from a degree of disablement corresponding to the degree so re-assessed, or
(ii) if the degree of his disablement is found on such re-assessment to be less than the relevant minimum, such pension shall continue to be suspended without prejudice however to the right of such person to make a further representation under this section within the time limited by this section.
(2) Every increase of a pension or removal of suspension of payment of a pension under this section shall take effect from such date (not being earlier in any case than the 1st day of April, 1932,) as the Minister thinks proper and every decrease of a pension or suspension of a pension under this section shall take effect from such date (not being earlier than the date of the re-assessment which resulted in such decrease or suspension) as the Minister thinks proper.
(3) In this section the expression “relevant minimum” means in relation to a disablement attributable to a wound 20 per cent. and in relation to a disablement attributable to disease 80 per cent.
(4) References in this section to the previous degree of disablement of a person making a representation under this section shall be construed as referring to the degree of disablement by reference to which the amount of the final grant of the pension to such person was made or if the degree of disablement of that person was re-assessed under this section, to the degree of disablement as last so re-assessed before the making of such representation.
Amendment of section 14 of the Act of 1927.
25.—(1) Notwithstanding anything in paragraph (ii) of sub-section (1) of section 14 of the Act of 1927, the Minister shall not on or on account of the death of any person to whom, by virtue of paragraph (e) of the said sub-section, the said sub-section applies grant to the widow or any child of such person any of the allowances or gratuities on re-marriage specified in the appropriate Part of the Sixth Schedule to the Act of 1927 in respect of widows and children unless, in case of the widow, she was married to such person before his discharge from the forces or, in the case of the children, such children are the children of a marriage contracted before his discharge from the forces.
(2) No allowance or gratuity shall after the passing of this Act be granted under sub-section (2) of section 14 of the Act of 1927 to the widow or child of an officer unless the marriage of such widow to such officer took place before the 1st day of October, 1924.
Amendment of section 18 of the Act of 1927.
26.—Sub-sections (2) and (3) of section 18 of the Act of 1927 are hereby repealed and in lieu thereof it is hereby enacted as follows, that is to say:—
(a) every application by a person discharged from the forces (whether before or after the passing of this Act) for the grant of a wound pension, or gratuity under the Act of 1923 as amended by the Act of 1927 or under the Act of 1927 on account of a wound attributable to service shall be made within twelve months after the day on which such wound was received or the date of the passing of this Act, whichever is the later;
(b) every application for the grant of a disability pension under the Act of 1927 shall be made within twelve months after the date of the passing of this Act.
Time limit for application for allowances and gratuities under the Act of 1927 by widows, children and dependants of certain persons.
27.—(1) Where—
(a) a person dies more than twelve months after the date of the passing of this Act, and
(b) such person's death is due to disease, and
(c) such person was not immediately before his death in receipt of a disability pension under the Act of 1927 in respect of such disease, and
(d) such person did not within twelve months after the date of the passing of this Act duly apply for a disability pension in respect of such disease,
no claim in respect of the death of such person for an allowance or gratuity under the Act of 1927 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 (5) of section 18 of the Act of 1927.
Amendment of Sixth and Seventh Schedules to the Act of 1927.
28.—(1) The Sixth Schedule to the Act of 1927 is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—
(a) by the insertion in section 3 of Part I of the said Schedule of the word “unmarried” before the word “daughter”; and
(b) by the insertion in section 5 (c) of the said Part I of the words “permanently invalided unmarried” before the word “sister”; and
(c) by the insertion in section 6 of the said Part I of the word “unmarried” before the word “sister”; and
(d) by the insertion in section 2 of Part II of the said, Schedule of the words “unmarried and” after the word “daughters”; and
(e) by the insertion in section 4 (c) of the said Part II of the words “permanently invalided unmarried” before the word “sister”; and
(f) by the insertion in section 5 of the said Part II of the word “unmarried” before the word “sister.”
(2) The Seventh Schedule to the Act of 1927 is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—
(a) by the insertion in section 3 of Part I of the said Schedule of the words “who are in the case of sons under the age of 18 and in the case of daughters unmarried and” after the word “children”; and
(b) by the insertion in section 2 of Part II of the said, Schedule of the words “who are in the case of sons under the age of 18 and in the case of daughters unmarried and” after the word “children.”
(3) Where it appears to the Minister that a woman to whom an allowance has been granted under section 3, section 5 (a), section 5 (c), or section 6 of Part I of the Sixth Schedule of the Act of 1927 as amended by this section or under section 2, section 4 (a), section 4 (c), or section 5 of Part II of that Schedule or under section 3 of Part I of the Seventh Schedule to the Act of 1927 as amended by this section or under section 2 of Part II of that Schedule has been married since the commencement of such allowance or that a person to whom an allowance has been granted under section 5 (c) of Part I of the said Schedule or under section 4 (c) of Part II of the said Schedule has recovered, the Minister may reconsider and, if he thinks fit, reduce or terminate such allowance.
FIRST SCHEDULE.
Rates of Pensions.
Degree of Disablement | Disablement Pension | Married Pension | |
per cent. | per annum | per | week |
s. | d. | ||
100 | £150 | 11 | 3 |
90 | £135 | 10 | 0 |
80 | £120 | 9 | 0 |
70 | £105 | 7 | 9 |
60 | £ 90 | 6 | 9 |
50 | £ 75 | 5 | 6 |
40 | £ 60 | 4 | 6 |
30 | £ 45 | 3 | 3 |
20 | £ 30 | 2 | 3 |
Note.—The degrees of disablement mentioned in the first column shall be taken to refer to the degrees of disablement as measured by the Fourth Schedule to the Act of 1927.
SECOND SCHEDULE.
Allowances and Gratuities to Dependants.
PART I.
1. Widow | £67 10s. per annum during widowhood, and a gratuity of £90 on first re-marriage. |
2. Each son under the age of 18 | (a) While mother is living, £18 per annum. |
(b) After death of mother, £30 per annum. | |
3. Each unmarried daughter under the the age of 21. | (a) While mother is living, £18 per annum. |
(b) After death of mother £30 per annum. | |
4. Each child of or over the age of 12 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 £26 in any one calendar year. |
PART II.
5. (a) Mother (b) Father over 60 years of age or incapacitated by ill-health (c) Permanently invalided brother or permanently invalided unmarried sister (d) Grandparents | One allowance at the rate of 15s. per week. If there are two or more such dependants, only one allowance shall be payable to such one of the dependants as the Minister for Defence shall direct. |
6. Each brother under the age of 18, and each unmarried sister under the age of 21 | An allowance of 5s. per week, but the total allowances under this section shall not in the case of any deceased person exceed 15s. per week, and no allowance shall be payable under this section in any case in which any allowance is payable under any of the foregoing sections. |
PART III.
7. No allowance shall be payable to any person under Part II of this Schedule unless such person was, at the date of the death of the deceased person in respect of whom such allowance is claimed, wholly dependent on such deceased person.
8. Where a deceased person leaves persons partially dependent on him, such persons shall not be granted any allowances, but in necessitous cases or other special circumstances a gratuity or gratuities may be granted to all or any of such partial dependants. The total amount of the gratuities granted under this paragraph in respect of any one deceased person shall not exceed the sum of £112 10s.
9. Whenever any dependant was wholly or partially dependent on more than one deceased person, such dependant shall not receive, in respect of such deceased persons, allowances or gratuitites exceeding in the whole the maximum allowance which would be granted to such dependant under Part II of this Schedule in respect of any one of such deceased persons.
10. Whenever it appears to the Minister that a woman to whom an allowance has been granted under Section 3 of Part I of this Schedule or under Sections 5 (a) or 5 (c) of Part II of this Schedule has married since the commencement of such allowance or that a person to whom an allowance has been granted under Section 5 (c) of the said Part II has recovered, the Minister may reconsider such allowance and, if he thinks fit, reduce or terminate such allowance.
11. No gratuity under Section 8 of Part III of this Schedule shall be payable to the widower of a deceased member of Cumann na mBan and no allowance under Part I of this Schedule or a gratuity under Section 8 of Part III of this Schedule shall be payable in respect of any child of a deceased member of Cumann na mBan during the lifetime of the father of such child, unless the Minister is satisfied, that suchfather is unable to support such child.