Number 12 of 1927.
ARMY PENSIONS ACT, 1927.
ARRANGEMENT OF SECTIONS
Section | |
Allowances and gratuities to dependants in certain other cases. | |
Acts Referred to | |
No. 26 of 1923 | |
Number 12 of 1927.
ARMY PENSIONS ACT, 1927.
Definitions.
1.—In this Act—
the expression “the Principal Act” means the Army Pensions Act, 1923 (No. 26 of 1923);
the expression “the Minister” means the Minister for Defence;
the expression “degree of disablement” when used in relation to a disablement caused by disease means the degree of disablement assessed in respect of such disablement by the Army Pensions Board;
the expression “minimum degree of disablement” means eighty per cent. degree of disablement;
the expression “military service” when used in reference to a person who was a member of the Irish Volunteers or of the Irish Citizen Army means whenever such member was on duty, or was under arrest as the result of his activities as such member, or was evading capture or pursuit by the armed forces of the British Government, or was detained in a prison or internment camp by or by order of the British Government;
the word “wound” means an interruption of the normal continuity of body tissue caused by direct or indirect violence but does not include any injury due to the serious negligence or misconduct of the person suffering therefrom;
the word “disablement” means any injury of a permanent nature resulting in impairment of function caused by wound or disease and not due to the serious negligence or misconduct of the person suffering therefrom; and
other expressions and words which are also used in the Principal Act as amended by this Act shall, if not otherwise defined in this Act, have the same meanings respectively as such expressions and words have respectively in the Principal Act as so amended.
Construction of certain expressions.
2.—(1) The expression “discharged from the forces” when used in the Principal Act or in this Act in relation to an officer shall include and, when so used in the Principal Act, shall be deemed always to have included the demobilisation of such officer and, in the case of an officer holding a commission, the with-drawal of his commission for any reason, and the noun “discharge” when used as aforesaid shall be and be deemed always to have been construed accordingly.
(2) The word “killed” when used in the Principal Act or in this Act shall include and, when used in the Principal Act, shall be deemed always to have included death by drowning.
Amendments of the Principal Act.
3.—The Principal Act shall be construed and have effect as if the sections and sub-sections thereof mentioned in the first column of the First Schedule to this Act were respectively amended in the manner set out in the second column of that Schedule opposite each such section and sub-section respectively.
Alterations of scales under Principal Act in certain cases.
4.—(1) In the case of an officer who is discharged from the forces on or after the 1st day of October, 1924 (whether before or after the passing of this Act) and to whom a wound pension could be granted on such discharge under the Principal Act as amended by this Act, that Act as so amended shall apply to such officer as if the scales of pensions contained in the Third Schedule to this Act were inserted in the Principal Act in lieu of the scales of pensions contained in the First Schedule to that Act.
(2) In the case of those persons who signed the Proclamation published on Easter Monday in the year 1916 in connection with the rising of April and May of that year and in respect of whom the Minister may give or shall have given certificates under section 8 of the Principal Act, the Second Schedule to the Principal Act shall as from the passing of this Act apply and have effect as if the respective amounts of the several allowances and gratuities specified in that Schedule were double the amounts actually specified therein.
Establishment of Army Pensions Board.
5.—(1) There shall be established a board to be called the Army Pensions Board, which shall consist of a chairman and two ordinary members.
(2) The two ordinary members of the Army Pensions Board shall be duly qualified medical practitioners of whom one, but only one, shall be an officer of the Army Medical Service.
(3) The chairman of the Army Pensions Board and the ordinary member of that Board who is not an officer of the Army Medical Service shall be appointed by the Minister with the concurrence of the Minister for Finance and the ordinary member of the said Board who is an officer of the Army Medical Service shall be appointed by the Minister.
(4) Every member of the Army Pensions Board shall hold office during the pleasure of the Minister, but no member appointed with the concurrence of the Minister for Finance shall be removed from office without the concurrence of that Minister.
(5) There may be paid, out of moneys provided by the Oireachtas, to any member of the Army Pensions 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 functions and procedure of the Army Pensions Board.
(7) The Army Pensions Board may for the purpose of carrying out the duties imposed on them by this Act make all such inquiries, summon all such witnesses, and take such evidence on oath (which they are hereby empowered to administer) or otherwise, as they may deem necessary.
Temporary incapacity of member of Army Pensions Board.
6.—(1) Whenever the chairman or an ordinary member of the Army Pensions Board is through ill-health or other sufficient cause temporarily incapacitated from performing his duties as such chairman or member, the Minister may, if he so thinks fit, appoint another person to be chairman or an ordinary member (as the case may be) of the Army Pensions Board in the place of the chairman or ordinary member so incapacitated for so long as such incapacity continues.
(2) Every person appointed under this section in the place of an ordinary member of the Army Pensions Board shall possess the same qualifications as are required by this Act to be possessed by the ordinary member in whose place he is so appointed.
(3) No appointment under this section of a person in the place of the chairman of the Army Pensions Board or of the ordinary member of the said Board who is not an officer of the Army Medical Service shall be made without the concurrence of the Minister for Finance.
Reference of applications to Army Pensions Board.
7.—(1) Every application for the grant of a pension, gratuity, or allowance under the Principal Act which is pending at the date of the passing of this Act and every application for the grant of a pension, gratuity, or allowance under the Principal Act as amended by this Act or under this Act (save as is hereinafter otherwise provided) shall be referred by the Minister to the Army Pensions Board.
(2) The Army Pensions Board shall report to the Minister in the prescribed form on every application referred to them under this section and for the purpose of such report shall cause every such application to be investigated in such manner as shall be prescribed by regulations made under this Act with the consent of the Minister for Finance.
(3) No application for a pension, allowance, or gratuity under this Act which is based on a wound received on or after the 1st day of October, 1924, or on the death of a person killed on or after that date shall be referred to the Army Pensions Board.
Assessment of degree of disability.
8.—(1) Whenever the Army Pensions Board report that a person is suffering from a disablement caused by disease they shall assess and state in such report the degree of the disablement from which such person is suffering.
(2) Every assessment under this section of a degree of disablement shall be made on a percentage basis, and total disablement shall be assessed at one hundred per cent. and every disablement less than total disablement shall be assessed as a percentage of total disablement.
Disability pensions in certain cases.
9.—(1) Every person who was discharged from the forces before the 1st day of October, 1924, and was at the date of his discharge suffering from a disablement caused by disease attributable to service in the forces during the period which commenced on the 1st day of April, 1922, and ended on the 30th day of September, 1924, may, 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 examination by the Army Pensions Board or becomes after such date but within four years after his discharge not less than the minimum degree of disablement, be granted a disability pension at the rate mentioned in the appropriate column of the Second Schedule to this Act opposite to the appropriate degree of disablement mentioned in the first column of that Schedule.
(2) If a person to whom a pension is granted under this section was married before the date of his discharge from the forces and is at the date of the commencement of such pension a married man for the purposes of this Act then he shall for so long after such commencement as he continues to be a married man for the purposes of this Act be entitled to be paid and receive a married pension at the rate mentioned in the appropriate column of the Second Schedule to this Act opposite to the appropriate degree of disablement mentioned in the first column of that Schedule.
(3) Every pension granted under this section shall commence from such date as the Minister, having regard to all the circumstances of the case, shall determine but such date shall not be earlier than the 16th day of December, 1926, nor than the date on which the disablement first amounted or amounts to the minimum degree of disablement.
Disability pensions in certain other cases.
10.—(1) Every person who is discharged from the forces on or after the 1st day of October, 1924 (whether before or after the passing of this Act), and is at the date of his discharge suffering from a disablement caused by disease attributable to service in the forces during the period which commenced on the 1st day of April, 1922, and ended on the 30th day of September, 1924, may, 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 examination by the Army Pensions Board or becomes after such date but within four years after his discharge not less than the minimum degree of disablement, be granted a disability pension at the rate specified in that behalf in those provisions of the Third Schedule to this Act which are applicable to the case of such persons.
(2) If a person to whom a pension is granted under this section was married before the 1st day of October, 1924, and is at the commencement of such pension a married man for the purposes of this Act then he shall for so long after such commencement as he continues to be a married man for the purposes of this Act be entitled to be paid and receive a married pension at the rate specified in that behalf in those provisions of the Third Schedule to this Act which are applicable to the case of such person.
(3) Every pension granted under this section shall commence from such date as the Minister, having regard to all the circumstances of the case, shall determine, but such date shall not be earlier than—
(a) in the case of a person who is discharged from the forces before the passing of this Act, the 16th day of December, 1926, nor
(b) in the case of a person who is discharged from the forces on the day of or after the passing of this Act, the day after the date of such discharge, nor
(c) in any case, the date on which the disablement first amounts to the minimum degree of disablement.
Wound pensions and gratuities in certain cases.
11.—(1) Every person who was discharged from the forces before the 1st day of October, 1924, and was at the date of such discharge suffering from a disablement due to a wound attributable to his service in the forces and received on or after the 1st day of October, 1923, while he was a member of the forces may, if the degree of such disablement is at the date of his examination by the Army Pensions Board not less than twenty per cent., be granted a wound pension at the rate mentioned in the appropriate column of the Second Schedule to this Act opposite to the appropriate degree of disablement mentioned in the first column of that Schedule.
(2) If a person to whom a pension is granted under this section was married before the date of his discharge from the forces and is at the date of the commencement of such pension a married man for the purposes of this Act then he shall for so long after such commencement as he continues to be a married man for the purposes of this Act be entitled to be paid and receive a married pension at the rate mentioned in the appropriate column of the Second Schedule to this Act opposite to the appropriate degree of disablement mentioned in the first column of that Schedule.
(3) Every pension granted under this section shall commence from such date as the Minister, having regard to all the circumstances of the case, shall determine but such date shall not in any case be earlier than the day next after the date on which the person to whom the pension was granted was discharged from the forces.
(4) Every person who was discharged from the forces before the 1st day of October, 1924, and was at the date of such discharge suffering from a disablement due to a wound attributable to his service in the forces and received on or after the 1st day of October, 1923, while he was a member of the forces may, if the degree of such disablement is at the date of his examination by the Army Pensions Board less than twenty per cent., be granted a gratuity of such amount as the Minister having regard to all the circumstances of the case shall with the consent of the Minister for Finance determine, but no such gratuity shall, in the case of a person who immediately before his discharge from the forces was an officer, exceed one hundred pounds or, in the case of a person who immediately before his discharge from the forces was a soldier, exceed sixty pounds.
(5) In the case of a person who at the date of his discharge from the forces is suffering from any of the disablements mentioned in the first column of the Fourth Schedule to this Act, the degree of such person's disablement for the purposes of this section shall be the degree set out in the second column of that Schedule opposite to the disablement from which such person is so suffering.
(6) In the case of a person who at the date of his discharge from the forces is suffering from a disablement not mentioned in the first column of the Fourth Schedule to this Act, the degree of such person's disablement for the purposes of this section shall be the degree assessed in that behalf by the Army Pensions Board.
Wound pensions and gratuities in certain other cases.
12.—(1) Every person who is discharged from the forces on or after the 1st day of October, 1924 (whether before or after the passing of this Act) and is at the date of such discharge suffering from a disablement due to a wound attributable to his service in the forces and received on or after the 1st day of October, 1923 (whether before or after the passing of this Act) while he was a member of the forces may, if the degree of such disablement is at the date of his examination by the Army Pensions Board or on behalf of the Minister (as the case may be) not less than twenty per cent., be granted a wound pension at the rate specified in that behalf in those provisions of the Third Schedule to this Act which are applicable to the case of such person.
(2) If a person to whom a pension is granted under this section was at the date on which he received the wound, in the case of an officer, a married man for the purposes of this Act or, in the case of a soldier, in receipt of marriage allowance as a married soldier and, in any case, is at the commencement of such pension a married man for the purposes of this Act then he shall for so long after such commencement as he continues to be a married man for the purposes of this Act be entitled to be paid and to receive a married pension at the rate specified in that behalf in those provisions of the Third Schedule to this Act which are applicable to his case.
(3) Every pension granted under this section shall, in the case of a person who is discharged from the forces on the date of or after the passing of this Act, commence from the date of such discharge or, in the case of a person who is discharged from the forces before the date of the passing of this Act, commence from such date not earlier than the day next after the date of such discharge nor later than the date of the passing of this Act as the Minister, having regard to all the circumstances of the case, shall determine.
(4) Every person who is discharged from the forces on or after the 1st day of October, 1924 (whether before or after the passing of this Act) and is at the date of his discharge suffering from a disablement due to a wound attributable to his service in the forces and received on or after the 1st day of October, 1923 (whether before or after the passing of this Act) while he was a member of the forces may, if the degree of such disablement is at the date of his examination by the Army Pensions Board or on behalf of the Minister (as the case may be) less than twenty per cent., be granted—
(a) in the case of a person who immediately before his discharge from the forces is an officer, a gratuity of such amount, not exceeding eighty pounds, as the Minister having regard to all the circumstances of the case shall with the consent of the Minister for Finance determine, together with a further gratuity calculated at the rate of five pounds for each completed year of such person's service in the forces, or
(b) in the case of a person who immediately before his discharge from the forces is a soldier, a gratuity of such amount, not exceeding forty pounds, as the Minister having regard to all the circumstances of the case shall with the consent of the Minister for Finance determine, together with a further gratuity calculated at the rate of two pounds and ten shillings for each completed year of such person's service in the forces.
(5) In the case of a person who at the date of his discharge from the forces is suffering from any of the disablements mentioned in the first column of the Fourth Schedule to this Act, the degree of such person's disablement for the purposes of this section shall be the degree set out in the second column of that Schedule opposite to the disablement from which such person is so suffering.
(6) In the case of a person who at the date of his discharge from the forces is suffering from a disablement not mentioned in the first column of the Fourth Schedule to this Act, the degree of such person's disablement for the purposes of this section shall, if the wound to which the disablement is due was received before the 1st day of October, 1924, be the degree assessed in that behalf by the Army Pensions Board and, if such wound was received on or after the 1st day of October, 1924, be the degree assessed in that behalf by the Minister.
Disability pensions in certain special cases.
13.—(1) Any person who is certified by the Minister to have been a member of the Irish Volunteers or of the Irish Citizen Army and is at the date of his examination by the Army Pensions Board suffering from a disablement caused by disease attributable to military service in the Irish Volunteers or the Irish Citizen Army (as the case may be) or to such military service and service in the forces during the period which commenced on the 1st day of April, 1922, and ended on the 30th day of September, 1924, may, if the degree of his disablement is at the date of his examination by the Army Pensions Board not less than the minimum degree of disablement, be granted a disability pension at the following rate, that is to say:—
(a) if he did not serve in the forces or if he served in the forces and was discharged therefrom before the 1st day of October, 1924, at the rate mentioned in the appropriate column of the Second Schedule to this Act opposite to the appropriate degree of disablement mentioned in the first column of that Schedule, or
(b) if he served in the forces and was discharged therefrom on or after the 1st day of October, 1924, at the rate specified in those provisions of the Third Schedule to this Act which are applicable to his case.
(2) If a person to whom a pension is granted under this section was married before the 1st day of July, 1922, and is at the date of the commencement of such pension a married man for the purposes of this Act then he shall for so long after such commencement as he continues to be a married man for the purpose of this Act be entitled to be paid and receive a married pension either (as the case may require) at the rate mentioned in the appropriate column of the Second Schedule to this Act opposite to the appropriate degree of disablement mentioned in the first column of that Schedule or at the rate specified in those provisions of the Third Schedule to this Act which are applicable to his case.
(3) Every pension granted under this section shall commence from such date, not being earlier than the 16th day of December, 1926, as the Minister having regard to all the circumstances of the case shall determine.
(4) For the purpose of determining in the case of a person who did not serve in the forces whether a disability pension granted to such person under this section and the married pension (if any) payable to him under this section are to be paid at the rates appropriate to an officer or at the rates appropriate to a soldier, the Minister shall determine, having regard to the position actually held by such person in the Irish Volunteers or the Irish Citizen Army (as the case may be), whether such person was an officer or was a soldier and such determination shall be final and conclusive for the purposes aforesaid.
Allowances and gratuities to dependants in certain cases.
14.—(1) The Minister may, on or on account of the death of any person to whom this sub-section applies, do either but not both of the following things, that is to say:—
(i) grant to such one or more as the Minister shall determine of the dependants mentioned in the appropriate Part of the Fifth Schedule to this Act of such person a gratuity of such amount as the Minister shall, with the consent of the Minister for Finance, determine, or
(ii) grant to the widow and children of such person the several allowances and gratuities specified in the appropriate Part of the Sixth Schedule to this Act in respect of widows and children.
This sub-section applies to—
(a) every person who died before the 1st day of October, 1924 while serving in the forces and whose death was due solely to disease attributable to service in the forces during the period (in this sub-section called “the said period”) which commenced on the 1st day of April, 1922 and ended on the 30th day of September, 1924, and
(b) every person who, having served in the forces during the said period and been discharged therefrom before the 1st day of October, 1924, dies (whether before or after the passing of this Act) within four years after such discharge and so dies solely from disease attributable to service in the forces during the said period, and
(c) every person who, not having served in the forces, died before the 11th day of July, 1925, and is certified by the Minister to have been a member of the Irish Volunteers or of the Irish Citizen Army and whose death was due solely to disease attributable to his military service in the Irish Volunteers or the Irish Citizen Army (as the case may be), and
(d) every person who is certified by the Minister to have been a member of the Irish Volunteers or of the Irish Citizen Army and, having served in the forces, either died before the 1st day of October, 1924 while so serving or was discharged from the forces before the 1st day of October, 1924 and died (whether before or after the passing of this Act) within four years after such discharge and in any case so died solely from disease attributable to military service in the Irish Volunteers or the Irish Citizen Army (as the case may be) or to such military service and service in the forces during the said period, and
(e) every person who, having been immediately before his death in receipt of a disability pension granted to him under this Act in accordance with the scale of pensions contained in the Second Schedule to this Act, dies solely from the disease in respect of which such pension was granted.
(2) The Minister may, on or on account of the death of any person to whom this sub-section applies, do either but not both of the following things, that is to say:—
(i) grant to such one or more as the Minister shall determine of the widow and children of such person a gratuity of such amount as the Minister shall, with the consent of the Minister for Finance, determine, or
(ii) grant to the widow and children of such person the several allowances and gratuities specified in the appropriate Part of the Seventh Schedule to this Act in respect of widows and children.
This sub-section applies to—
(a) every person who dies (whether before or after the passing of this Act) on or after the 1st day of October, 1924 while serving in the forces and whose death is due solely to disease attributable to service in the forces during the period (in this sub-section called “the said period”) which commenced on the 1st day of April, 1922 and ended on the 30th day of September, 1924, and
(b) every person who, having served in the forces during the said period, is discharged therefrom on or after the 1st day of October, 1924 (whether before or after the passing of this Act) and dies within four years after such discharge and so dies solely from disease attributable to service in the forces during the said period, and
(c) every person who is certified by the Minister to have been a member of the Irish Volunteers or of the Irish Citizen Army and, having served in the forces during the said period, either dies on or after the 1st day of October, 1924 (whether before or after the passing of this Act) while so serving or is discharged from the forces on or after the 1st day of October, 1924 (whether before or after the passing of this Act) and dies within four years after such discharge and, in any case, so dies solely from disease attributable to military service in the Irish Volunteers or the Irish Citizen Army (as the case may be) or to such military service and service in the forces during the said period, and
(d) every person who, having been immediately before his death in receipt of a disability pension granted to him under this Act in accordance with the scale of pensions contained in the Third Schedule to this Act and also of a married pension payable to him under this Act, dies solely from the disease in respect of which such disability pension was granted.
(3) The gratuity or the total amount of the gratuities (as the case may be) granted on or on account of the death of any person to dependants of that person under sub-section (1) of this section or to the widow and children of that person under sub-section (2) of this section shall not exceed the sum of three hundred pounds.
(4) Any gratuity granted under this section may, if the Minister so thinks proper, be paid in instalments of such amounts and at such times as the Minister, having regard to all the circumstances of the case, shall consider expedient.
(5) No allowance or gratuity shall be granted under this section on or on account of the death of any person whose death was or is due to any serious negligence or misconduct on his part.
(6) No allowance or gratuity shall be granted under sub-section (2) of this section to the widow or child of any person who was not, if an officer, a married man for the purposes of this Act or, if a soldier, in receipt of marriage allowance as a married soldier at the following time, that is to say, if he died while serving in the forces, at the time of his death or, if he died after having been discharged from the forces, immediately before such discharge.
(7) For the purpose of the application of the Fifth and Sixth Schedules to this Act in respect of a person who is certified under sub-section (1) of this section to have been a member of the Irish Volunteers or of the Irish Citizen Army and who did not serve in the forces, the Minister shall determine, having regard to the position actually held by such person in the Irish Volunteers or the Irish Citizen Army (as the case may be) whether such person was an officer or a soldier, and such determination shall be final and conclusive for the purpose aforesaid.
(8) Every allowance granted under this section on account of the death of a person who died before the 1st day of April, 1926, shall commence on that date, and every allowance granted under this section on or on account of the death of a person who dies on or after the 1st day of April, 1926 (whether before or after the passing of this Act) shall commence on the day after the day on which such person so dies.
(9) A person's death shall be deemed to be due solely to disease within the meaning of this section notwithstanding that such death was in part due to or was hastened or contributed to by a wound received by such person during and attributable to service in the like forces or body (though not necessarily in the same period) as the service to which such disease is attributable.
Allowances and gratuities to dependants in certain other cases.
15.—(1) The several allowances and gratuities specified in the appropriate Part of the Sixth Schedule to this Act may be granted to the widow, children, dependants, and partial dependants of any of the following persons, that is to say:—
(a) every person who while serving in the forces was killed on or after the 1st day of October, 1923 and before the 1st day of October, 1924 in the course of his duty as a member of the forces or in circumstances attributable to his service in the forces, and
(b) every person who while serving in the forces received on or after the 1st day of October, 1923 and before the 1st day of October, 1924 a wound attributable to his service in the forces and died before the 1st day of October, 1924 solely from such wound while still serving in the forces, and
(c) every person who while serving in the forces received on or after the 1st day of October, 1923, and before the 1st day of October, 1924 a wound attributable to his service in the forces and was discharged from the forces before the 1st day of October, 1924 and dies (whether before or after the passing of this Act) solely from such wound within four years after receiving such wound, and
(d) every person who having served in the forces was discharged therefrom before the 1st day of October, 1924 and dies (whether before or after the passing of this Act) while in receipt of a wound pension granted to him under this Act and also of a married pension payable to him under this Act and so dies solely from the wound in respect of which such wound pension was so granted to him.
(2) The several allowances and gratuities specified in the appropriate Part of the Seventh Schedule to this Act may be granted to the widow and children of any of the following persons, that is to say:—
(a) every person who while serving in the forces is killed on or after the 1st day of October, 1924 (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, and
(b) every person who while serving in the forces receives on or after the 1st day of October, 1923 (whether before or after the passing of this Act) a wound attributable to his service in the forces and dies solely from such wound while serving in the forces and so dies on or after the 1st day of October, 1924 but within four years after receiving such wound, and
(c) every person who while serving in the forces receives on or after the 1st day of October, 1923 (whether before or after the passing of this Act) a wound attributable to his service in the forces and, having been discharged from the forces on or after the 1st day of October, 1924 dies solely from such wound within four years after receiving such wound, and
(d) every person who having served in the forces is discharged therefrom on or after the 1st day of October, 1924 (whether before or after the passing of this Act) and dies while in receipt of a wound pension granted to him under this Act and also of a married pension payable to him under this Act and so dies solely from the wound in respect of which such wound pension was granted to him.
(3) No allowance or gratuity shall be granted to the widow or a child, dependant, or partial dependant under sub-section (1) of this section or to the widow or a child under sub-section (2) of this section of any person who was killed as a result of any serious negligence or misconduct on his part or whose death was or is due to any serious negligence or misconduct on his part.
(4) No allowance or gratuity shall be granted under sub-section (2) of this section to the widow or a child of any person who was not, if an officer, a married man for the purposes of this Act or, if a soldier, in receipt of marriage allowance as a married soldier at the following time, that is to say, if he was killed while serving in the forces, at the time of his death or, if his death was due to a wound, at the time he received such wound.
(5) Every allowance granted under this section to the widow or a child or dependent of a person who died or was killed before the 1st day of April, 1926 shall commence on that date and every allowance granted under this section to the widow or a child or dependent of a person who dies or is killed on or after the 1st day of April, 1926 (whether before or after the passing of this Act) shall commence on the day after the day on which such person so dies or is killed.
(6) A person's death shall be deemed to be due solely to a wound within the meaning of this section notwithstanding that such death was in part due to or was hastened or contributed to by disease attributable to service in the like forces or body (though not necessarily in the same period) as the service to which such wound is attributable.
Accounting for ex gratia allowances in certain cases.
16.—Whenever an allowance is granted under this Act to or for the benefit of a person and such allowance commences on a date prior to the passing of this Act and an ex gratia allowance has prior to the passing of this Act been paid by the Minister to or for the benefit of such person, all payments made (whether before or after the passing of this Act) on foot of such ex gratia allowance shall, in so far as they were or are made in respect of a period subsequent to the date of the commencement of the said allowance granted under this Act, be deemed to have been made on account of the last-mentioned allowance and shall be accounted for accordingly.
Form of application for pension, etc.
17.—Every application for the grant of a pension, gratuity, or allowance under the Principal Act as amended by this Act or under this Act shall be made to the Minister in the prescribed form and shall contain the prescribed particulars.
Time limit for claims for pensions, etc.
18.—(1) Every application by a person who claims to have been a member of the Irish Volunteers or Irish Citizen Army and did not serve in the forces for the grant of a wound pension or gratuity under the Principal Act as amended by this Act or for the grant of a pension under this Act shall be made within twelve months from the passing of this Act.
(2) Every application by a person who was discharged from the forces before the passing of this Act for the grant of a wound pension or gratuity under the Principal Act as amended by this Act or for the grant of a wound pension or gratuity under this Act shall be made within twelve months from the passing of this Act.
(3) Every application by a person discharged from the forces (whether before or after the passing of this Act) for the grant of a disability pension under this Act shall be made before which ever of the following dates is the later, that is to say, the expiration of four years from the date of such discharge or the expiration of twelve months from the passing of this Act.
(4) Every application for the grant of an allowance or gratuity under the Principal Act as amended by this Act or under this Act in respect of a person who has died before or on the date of the passing of this Act shall be made within twelve months from the passing of this Act.
(5) Every application for the grant of an allowance or gratuity under the Principal Act as amended by this Act or under this Act in respect of a person who shall die after the passing of this Act shall be made within twelve months from the date of the death of such person.
Renewal of applications refused under Principal Act.
19.—Any person whose application before the passing of this Act for a pension, allowance, or gratuity under the Principal Act was refused on the ground that that Act did not then apply to him may, if the Principal Act as amended by this Act applies to him, apply for and in a proper case be granted such pension, allowance, or gratuity under the Principal Act as amended by this Act.
Prohibition of double pensions.
20.—Save as is otherwise expressly provided by this Act, no pension or gratuity (other than a married pension) shall be granted under the Principal Act as amended by this Act or under this Act to any person to whom a pension or gratuity has previously been granted under the Principal Act or under that Act as amended by this Act or under this Act.
Travelling expenses and subsistence allowances.
21.—(1) Payments for travelling expenses and for subsistence allowance may be made by the Minister out of moneys provided by the Oireachtas to applicants for pensions, allowances, or gratuities under the Principal Act as amended by this Act or under this Act when attending in the city or county of Dublin for medical examination by direction of the Army Pensions Board and to persons attending in the city or county of Dublin as witnesses before the Army Pensions Board pursuant to a summons by that Board.
(2) The amounts of the payments which may be made for travelling expenses and for subsistence allowance under the foregoing sub-section and the circumstances in which and conditions under which such payments may be made shall be prescribed by regulations made under this Act with the consent of the Minister for Finance and no such payment shall be made otherwise than in accordance with such regulations.
Definition of “married man.”
22.—(1) A person shall be a married man for the purposes 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 who served in the forces shall be a married man for the purposes 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, in the case of a person who was an officer immediately before his discharge from the forces, is a son under the age of eighteen years or a daughter under the age of twenty-one years or, in the case of a person who was a soldier immediately before his discharge from the forces, is a son under the age of sixteen years or a daughter under the age of eighteen years.
(3) A person who did not serve in the forces but was a member of the Irish Volunteers or of the Irish Citizen Army shall be a married man for the purposes 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 children who, in the case of any such person whose disability pension is payable under this Act at the rate appropriate to an officer, is a son under the age of eighteen years or a daughter under the age of twenty-one years, or, in the case of any such person whose disability pension is payable under this Act at the rate appropriate to a soldier, is a son under the age of sixteen years or a daughter under the age of eighteen years.
Application of pensions in certain cases.
23.—(1) Whenever the Minister is satisfied that a person in receipt of a pension granted to him under the Principal Act or under the Principal Act as amended by this Act or under this Act is under a legal obligation to maintain his wife and children or any of them and is neglecting to fulfil such obligation, such pension may, if and whenever and for so long as the Minister so directs, in lieu of being paid to such person be paid to his wife or applied for the maintenance, education, or benefit of his child or children, as the case may require.
(2) A married pension payable under this Act to any person may, if and whenever and for so long as the Minister so directs, in lieu of being paid to such person be paid to his wife or applied for the maintenance, education, or benefit of his child or all or any of his children.
Double disablement.
24.—When a person is suffering from a disablement (hereinafter called the disease disablement) the degree of which is less than the minimum degree of disablement and the circumstances are such that such person could be granted a disability pension under this Act in respect of such disablement if the degree of such disablement equalled or exceeded the minimum degree of disablement, and such person is also suffering from a disablement (hereinafter called the wound disablement) in respect of which he has or could be granted or could if the degree of such disablement equalled or exceeded twenty per cent. be granted a wound pension under the Principal Act or under that Act as amended by this Act or under this Act then, for the purpose of determining whether a pension shall or shall not be granted to such person and the rate of such pension (if any) or whether a pension already granted to him shall or shall not be increased and the amount of such increase (if any), the following provisions shall have effect, that is to say:—
(a) the degree of his disablement shall be the sum total of the degree of the disease disablement and the degree of the wound disablement,
(b) if the said sum total exceeds one hundred per cent. the degree of his disablement shall be reckoned as one hundred per cent.,
(c) the whole of his disablement shall be deemed to have been occasioned by the cause which occasioned the disease disablement or the cause which occasioned the wound disablement, as may be most favourable to him, and
(d) if a pension is granted to him by virtue of this section, the pension (if any) previously granted to him shall cease on the commencement of the pension granted to him by virtue of this section.
Conditions attaching to pensions.
25.—(1) This section applies to every person to whom a pension is granted (whether before or after the passing of this Act) under the Principal Act or under that Act as amended by this Act or under this Act, and in this section every reference to a pension in relation to any such person shall be construed as a reference to the pension so granted to him.
(2) The continuance of the pension granted (otherwise than as a final grant within the meaning of section 6 of the Principal Act and the regulations made thereunder) to a person to whom this section applies shall be conditional on such person under going, whenever so required by the Minister, such medical examination or treatment or surgical operation as the Minister shall from time to time direct, and if any such person shall refuse or neglect to undergo when so required any such medical examination or treatment or surgical operation the pension granted to him may immediately on such refusal or neglect be absolutely terminated by the Minister if he so thinks proper.
(3) The Minister may, with the consent of the Minister for Finance, defray the cost of any medical examination or treatment or surgical operation undergone by direction of the Minister by a person to whom this section applies in a hospital, nursing home, or other like institution or in such person's home, and also the cost of the maintenance of such person while undergoing or while detained in any such institution for the purposes of such examination, treatment, or operation, and also any travelling or other expenses incurred in the travelling or conveyance of such person to or from any place for the purpose of any such examination, treatment, or operation.
(4) The Minister may increase by such amount as he shall think proper the pension of any person to whom this section applies while such person is undergoing any medical examination or treatment or surgical operation by direction of the Minister but in determining the amount of any such increase the Minister shall have regard to any national health insurance benefits or other benefits or grants of a like nature to which such person may be entitled, and the Minister may also when making such increase provide for the deduction from the increased pension of any sums payable in respect of the maintenance of such persons in any hospital, nursing home, or other like institution while detained therein for the purpose of such examination, treatment, or operation.
(5) The Minister may by regulations made under this Act prescribe the rules to be observed in any military hospital or in respect of any person to whom this section applies who is detained in such hospital by direction of the Minister for the purpose of undergoing any medical examination or treatment or surgical operation, the infliction of penalties for breaches of any such rule (including, in the case of breaches by the person so detained in such institution, removal from such institution or stoppage of pension) and the persons by whom such alleged breaches may be inquired into and by whom such penalties may be imposed.
(6) The Minister may, with the sanction of the Minister for Finance, and in accordance with regulations made under this Act with the consent of the Minister for Finance, defray out of moneys to be provided by the Oireachtas the funeral expenses of any person to whom this section applies who dies in any hospital, nursing home, or other like institution while detained therein by direction of the Minister for the purpose of undergoing any medical examination or treatment or surgical operation.
Application of certain sections of the Principal Act.
26.—(1) The expression “under this Act” whenever it occurs in sections 5, 6, and 9 to 15 of the Principal Act as amended by this Act shall be construed as meaning under the Principal Act or under the Principal Act as amended by this present Act or under this present Act, and the said sections shall have effect accordingly.
(2) The expression “wound pension” wherever it occurs in any of the sections of the Principal Act mentioned in the foregoing sub-sections shall in the application of such section to pensions granted under this Act be construed and have effect as including disability pension.
Regulations.
27.—(1) The Minister may by order make regulations in regard to any matter or thing referred to in this Act as prescribed or as being or to be prescribed by regulations made under this Act, but where such regulations are referred to in this Act as being or to be made with the consent of the Minister for Finance the same shall not be made without such consent.
(2) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is laid before it annulling such regulation such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulation.
Short title and citation.
28.—This Act may be cited as the Army Pensions Act, 1927, and the Principal Act and this Act may be cited together as the Army Pensions Acts, 1923 and 1927.
FIRST SCHEDULE.
AMENDMENTS OF THE PRINCIPAL ACT.
Section and sub-section of the Principal Act. | How amended. |
Section 1, sub-sections (1), (2), and (3). | (a) By the deletion of the words “as medically unfit for further service” wherever those words occur; (b) By the insertion of the words and figures “and before the 1st day of October, 1923” after the figures “1922” wherever those figures occur. |
Section 1, sub-section (4). | By the deletion of the word “so” wherever that word occurs and deletion of the words “as aforesaid.” |
Section 3, sub-section (1). | (a) By the deletion of the words and figures “before the 1st day of April, 1922” and the insertion in lieu thereof of the words “while serving in the Irish Volunteers or the Irish Citizen Army”; (b) By the insertion of the words and figures “and before the 1st day of October, 1923” after the figures “1922” where those figures secondly occur; (c) By the deletion of the words “as medically unfit for further service.” |
Section 4, sub-section (3). | By the deletion of all words from the words “unless such person became” to the end of the sub-section and the insertion in lieu thereof of the words “but if such person became a member of the forces such pension shall not be payable for or in respect of the period during which he was or shall be a member of the forces.” |
By the insertion at the end of the section of a new sub-section as follows:— “(4) Any wound pension granted to a person who was wounded while performing his duty as a member of the Irish Volunteers on or after the 1st day of April, 1922 shall commence on the date on which such person was wounded, but if such person became a member of the forces such pension shall not be payable for or in respect of the period during which he was or shall be a member of the forces.” | |
Section 5, sub-section (1). | By the deletion of the sub-section and the insertion in lieu thereof of a new sub-section, as follows:— “(1) The Minister may from time to time, with the consent of the Minister for Finance, supply to any person to whom a wound pension (whether temporary or permanent) or a gratuity has been granted under this Act such surgical and medical appliances as his case may require, and provide for the repair or renewal of any such appliances.” |
Section 5, sub-section (2). | By the deletion of the words “officer or soldier” wherever those words occur and the insertion in lieu thereof of the word “person.” |
Section 6, sub-section (1). | By the deletion of the words “officers and soldiers” and the insertion in lieu thereof of the word “persons.” |
Section 6, sub-section (2). | By the deletion of the words “officer or soldier” and the insertion in lieu thereof of the word “person.” |
Section 7, sub-section (1). | By the insertion of the words and figures “and before the 1st day of October, 1923” after the figures “1922” wherever those figures occur. |
Section 7, sub-section (1). | By the deletion in paragraph (b) of the words “three years” and the insertion in lieu thereof of the words “four years.” |
Section 8, sub-section (1). | (a) By the deletion of the words and figures “before the 1st day of April, 1922” where those words and figures firstly and secondly occur and the insertion in lieu thereof in each case of the words “while serving in the Irish Volunteers or the Irish Citizen Army”; (b) By the insertion of the words and figures “and before the 1st day of October, 1923” after the figures “1922” where those figures thirdly occur. |
Section 8, sub-section (1). | By the deletion of the words “within three years” and the insertion in lieu thereof of the words “within four years.” |
Section 8, sub-section (2). | By the deletion of the sub-section and the insertion in lieu thereof of a new sub-section as follows:— “(2) Every allowance granted under this section shall commence on the 1st day of April, 1922 or the date of the death of the person in respect of whom the same is payable, whichever of those dates is the later.” |
Section 11, sub-section (1). | By the deletion of the words “officer or soldier” wherever those words occur and the insertion in lieu thereof of the word “person.” |
Section 12, sub-section (1). | By the deletion of the sub-section and the insertion in lieu thereof of a new sub-section as follows:— “(1) Every person who, with a view to obtaining the grant or payment of a pension, allowance or gratuity under this Act either for himself or for any other person, makes, signs, or uses any declaration, application, or other written statement knowing the same to be false shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.” |
Section 13, sub-sections (1), and (2). | By the deletion of the words “officer or soldier” wherever those words occur and the insertion in lieu thereof of the word “person.” |
Section 13, sub-section (2). | By the insertion of the words “or any compensation awarded by the Minister for Finance on the recommendation of the Personal Injuries Committee” after the words “officer or soldier” where those words firstly occur. |
First Schedule | By the deletion of the words and figures:— | |||||
Loss of all toes, both feet | 20 | 40 | 8/4 | 3 | 2 | |
And the insertion in lieu thereof of the words and figures:— | ||||||
Loss of all toes, both feet | 30 | 60 | 12/7 | 4/6 | 3 | |
SECOND SCHEDULE.
Scales of disability pensions, wound pensions, and married pensions for persons discharged from the forces before the 1st day of October, 1924.
Officers. | Soldiers. | ||||||
Degree of disablement. | Disability pension. | Married pension. | Disability pension. | Married pension. | |||
Per cent. | Per annum. | Per week. | Per week. | Per week. | |||
100 | £200 | 15s. | 0d. | £2 | 2. | 0. | 10s. |
90 | £180 | 13s. | 6d. | £1 | 17. | 9. | 9s. |
80 | £160 | 12s. | 0d. | £1 | 13. | 7. | 8s. |
70 | £140 | 10s. | 6d. | £1 | 9. | 4. | 7s. |
60 | £120 | 9s. | 0d. | £1 | 5. | 2. | 6s. |
50 | £100 | 7s. | 6d. | £1 | 1. | 0. | 5s. |
40 | £80 | 6s. | 0d. | 16. | 9. | 4s. | |
30 | £60 | 4s. | 6d. | 12. | 7. | 3s. | |
20 | £40 | 3s. | 0d. | 8. | 4. | 2s. | |
THIRD SCHEDULE.
Scale of disability pensions, wound pensions, and married pensions for persons discharged from the forces on or after the 1st day of October, 1924.
PART I.
OFFICERS.
Degree of disablement. | SCALE OF PENSION. | ||||||||||||
100 | per | cent. | 60 | per | cent. | of | annual | pay | at | the | date | of | discharge. |
90 | ” | ” | 54 | ” | ” | ” | ” | ” | ” | ” | ” | ” | ” |
80 | ” | ” | 48 | ” | ” | ” | ” | ” | ” | ” | ” | ” | ” |
70 | ” | ” | 42 | ” | ” | ” | ” | ” | ” | ” | ” | ” | ” |
60 | ” | ” | 36 | ” | ” | ” | ” | ” | ” | ” | ” | ” | ” |
50 | ” | ” | 30 | ” | ” | ” | ” | ” | ” | ” | ” | ” | ” |
40 | ” | ” | 24 | ” | ” | ” | ” | ” | ” | ” | ” | ” | ” |
30 | ” | ” | 18 | ” | ” | ” | ” | ” | ” | ” | ” | ” | ” |
20 | ” | ” | 12 | ” | ” | ” | ” | ” | ” | ” | ” | ” | ” |
Note.—“Annual Pay” does not include allowances, or additional pay in respect of temporary, probationary or acting duty.
The married pension payable to an officer in respect of a pension under this Schedule who is entitled to a married pension shall be at the rate of £20 per annum.
PART II.
SOLDIERS.
Rank of discharge from Forces. | Group. | Rates of Pension per week according to degree of disablement | ||||||||||||||||||
100% | 90% | 80% | 70% | 60% | 50% | 40% | 30% | 20% | ||||||||||||
s. | d. | s. | d. | s. | d. | s. | d. | s. | d. | s. | d. | s. | d. | s. | d. | s. | d. | |||
Private | I | 26 | 0 | 23 | 5 | 20 | 10 | 18 | 2 | 15 | 7 | 13 | 0 | 10 | 5 | 7 | 10 | 5 | 2 | |
Corporal | II | 30 | 0 | 27 | 0 | 24 | 0 | 21 | 0 | 18 | 0 | 15 | 0 | 12 | 0 | 9 | 0 | 6 | 0 | |
Sergeant Co. Q.M. Sergt. | } | III | 34 | 0 | 30 | 7 | 27 | 2 | 23 | 10 | 20 | 5 | 17 | 0 | 13 | 7 | 10 | 2 | 6 | 10 |
Co. Segt. Batt. Q.M.S. | } | IV | 38 | 0 | 34 | 2 | 30 | 5 | 26 | 7 | 22 | 10 | 19 | 0 | 15 | 2 | 11 | 5 | 7 | 7 |
Sergeant-Major | V | 42 | 0 | 37 | 9 | 33 | 7 | 29 | 4 | 25 | 2 | 21 | 0 | 16 | 9 | 12 | 7 | 8 | 4 | |
The married pension payable to a soldier in receipt of a pension under this Schedule who is entitled to a married pension shall be at the rate of five shillings a week.
FOURTH SCHEDULE.
Scale of Degrees of Disability to Wounds.
Specific Injury | Degree of Disablement |
per cent. | |
Loss of two or more limbs | 100 |
Loss of both hands or of all fingers and thumbs | ” |
Total loss of sight | ” |
Wounds, injuries, or results of them, resulting in a disabled man being totally bedridden | ” |
Wounds, of or injuries to internal, thoracic or abdominal organs involving total permanent disablement | ” |
Total organic paralysis resulting from wounds or injuries to brain or spinal cord | ” |
Loss of an arm and one eye | 90 |
Loss of a leg and one eye | ” |
Loss of a hand and a foot | ” |
Loss of one arm through shoulder | ” |
Loss of both feet | 80 |
Amputation of leg at hip or below hip, with stump not exceeding five inches in length, measured from tip of great trochanter; of right arm below shoulder, with stump not exceeding six inches, measured from tip of acromion; or of left arm through shoulder | ” |
Amputation of leg below hip, with stump exceeding five inches in length, measured from tip of great trochanter, but not below middle thigh; of left arm below shoulder, with stump not exceeding six inches, measured from tip of acromion; or of right arm below shoulder, with stump, exceeding six inches, measured from tip of acromion, through elbow, or below elbow, with stump not exceeding five inches, measured from tip of olecranon | 70 |
Amputation of leg below middle thigh, through knee, or below knee, with stump not exceeding four inches; of left arm below shoulder, with stump exceeding six inches, measured from tip of acromion, through elbow, or below elbow, with stump not exceeding five inches, measured from tip of olecranon; or of right arm below elbow, with stump exceeding five inches, measured from tip of olecranon | 60 |
Amputation of leg below knee, with stump exceeding four inches; or of left arm below elbow, with stump exceeding five inches, measured from tip of olecranon | 50 |
Loss of one eye, the result of G.S.W. or injury | 40 |
Loss of thumb or of four fingers of right hand | 40 |
Loss of thumb or of four fingers of left hand, or three fingers of right hand | 30 |
Lisfranc operation, one foot | 30 |
Loss of all toes, both feet | 30 |
Loss of two fingers, either hand | 20 |
Loss of all toes of one foot | 20 |
Note.—In the case of left-handed men, certified to be such, the compensation in respect of the left arm, etc., will be same as for a right arm hand, etc., and vice versa.
FIFTH SCHEDULE
Dependants to or amongst whom Gratuities may be granted.
PART I.
OFFICERS.
1. Widow.
2. Sons under the age of 18 and daughters under the age of 21.
3. (a) Mother.
(b) Father over the age of 60 or permanently incapacitated by ill-health.
(c) Brothers and sisters permanently incapacitated by ill-health.
(d) Grandparents.
4. Brothers under the age of 18 and sisters under the age of 21.
PART II.
SOLDIERS.
1. Widow.
2. Sons under the age of 16 and daughters under the age of 18.
3. (a) Mother.
(b) Father over the age of 60 or permanently incapacitated by ill-health.
(c) Brothers and sisters permanently incapacitated by ill-health.
(d) Grandparents.
4. Brothers under the age of 16 and sisters under the age of 18.
SIXTH SCHEDULE.
ALLOWANCES TO DEPENDANTS.
PART I.
OFFICERS.
1. Widow | £90 per annum during widowhood, and a gratuity of £120 on first re-marriage. |
2. Each son under the age of 18 | (a) While mother is living, £24 per annum. |
(b) After death of mother, £40 per annum. | |
3. Each daughter under the age of 21 | (a) While mother is living, £24 per annum. |
(b) After death of mother, £40 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 £35 in any one calendar year. |
5. (a) Mother (b) Father ove 60 years of age or incapacitated by ill-health. (c) Permanently invalided brother or sister. (d) Grandparents. | Once allowance at the rate of £1 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 sister under the age of 21. | An Allowance of 7s. 6d. per week, but the total allowances under this section shall not in the case of any one officer exceed £1 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. |
7. Where an officer leaves orphan children in the care of any of the persons mentioned in Section 5 of this Schedule who is dependant on him, the total allowances payable in respect of such person and such children (other than the allowance, if any, payable under Section 4) shall not exceed the total allowances which, if the officer had left a widow, would have been payable under sections 1 and 2 during the widowhood of such widow.
8. No allowance shall be payable to any person under the foregoing provisions of this Schedule unless such person was, at the date of the death of the officer in respect of whom such allowance is claimed, wholly dependant on such officer.
9. Where an officer leaves persons partially dependant 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 such partial dependants. The total amount of the gratuities granted under this section in respect of any one officer shall not exceed the sum of £150.
10. Whenever any dependant was wholly or partially dependent on more than one deceased person, such dependant shall not receive, in respect of such deceased person, allowances or gratuities exceeding in the whole the maximum allowance which could be granted to such dependant under this Schedule in respect of any one of such deceased persons. In this clause the expression “deceased person” includes a deceased officer as well as a deceased soldier.
PART II.
SOLDIERS.
1. Widow | 17s. 6d. per week during widowhood, and a gratuity of £45 10s. 0d. on first re-marriage. |
2. Children who are in the case of sons under the age of 16, or in the case of daughters under the age of 18. | (a) While mother is living, 5s. per week for the first child and 3s. 6d. per week for each other child. |
(b) After the death of mother, 8s. 6d. per week for each child. | |
3. 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 £35, in any one calendar year, where evidence to the satisfaction of the Minister is produced that the child of a soldier would benefit by education of a more advanced nature than that provided in Primary Schools, and would appear to have been deprived of such education owing to the death of his (or her) father. |
4. (a) Mother (b) Father over 60 years of age or incapacitated by ill-health. (c) Permanently invalided brother or 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, and such allowance shall be paid to such one of the dependants as the Minister for Defence shall direct. |
5. Each brother under the age of 16 and each sister unber the age of 18. | Allowance of 5s. per week; but the total allowances under this section shall not in the case of any one soldier exceed 15s. per week. No allowance shall be payable under this section in any case in which any allowance is payable under any of the foregoing sections. |
6. Where a soldier leaves orphan children in the care of a person mentioned in section 4 of this schedule who is dependant on him, the total allowances payable in respect of such person and such children shall not exceed the total allowances which, if the soldier had left a widow, would have been payable under sections 1 and 2 during the widowhood of such widow.
7. No allowance shall be payable to any person under the foregoing provisions of this Schedule unless such person was, at the date of the death of the soldier in respect of whom such allowance is claimed, wholly dependant on such soldier.
8. Where a soldier leaves persons partially dependant on him, such persons shall not be granted any allowance, but in necessitous cases or other special circumstances a gratuity or gratuities may be granted to all or any such partial dependants. The total amount of the gratuities granted under this section in respect of any one soldier shall not exceed the sum of £100.
9. Whenever any dependant was wholly or partially dependant on more than one deceased person, such dependant shall not receive, in respect of such deceased person, allowances or gratuities exceeding in the whole the maximum allowance which could be granted to such dependant under this Schedule in respect of any one of such deceased persons. In this clause the expression “deceased person” includes a deceased officer as well as a deceased soldier.
SEVENTH SCHEDULE.
ALLOWANCES TO DEPENDANTS
PART I.
OFFICERS.
1. Widow of second lieutenant, lieutenant or captain | £60 per annum during widowhood. |
” ” major or commandant | £90 ” ” ” |
” ” colonel or higher rank | £120 ” ” ” |
2. Widow of officer (any rank) | £120 gratuity on first re-marriage. |
3. Children under the age of 18 | (a) While mother is living, £16 per annum for each child, but not exceeding a total of £64 per annum for children of any one officer; (b) After death of mother, £30 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 £30 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 | 12s. 6d. per week during widowhood. |
Gratuity of £50 on first re-marriage. | |
2. Children under the age of 18 | (a) While mother is living, 4s. per week for each child, but not exceeding a total of 16s. per week for children of any one soldier. (b) After death of mother, 8s. per week for each child. |