No. 28/1949:

ARMY PENSIONS (INCREASE) ACT, 1949

ARRANGEMENT OF SECTIONS

1 Interpretation.

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

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

4 Increase of certain widows' a allowance under sections 7 and 8 of the Act of 1923.

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

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

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

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

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

10 Amendment of Sixth Schedule to Act of 1927.

11 Amendment of Seventh Schedule to Act of 1927.

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

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

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

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

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

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

18 Restrictions on increase of pensions.

19 Commencement.

20 Short title and collective citation.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

TABLE TO THIRD SCHEDULE

FOURTH SCHEDULE

FIFTH SCHEDULE

SIXTH SCHEDULE

AN ACT TO INCREASE RETROSPECTIVELY CERTAIN WOUND AND DISABILITY PENSIONS AND CERTAIN ALLOWANCES PAYABLE UNDER THE ARMY PENSIONS ACTS, 1923 TO 1949.

[6th December, 1949.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act—

the expression "the Act of 1923" means the Army Pensions Act, 1923 (No. 26 of 1923), and, where the context so permits, shall be construed as meaning that Act as amended by the Act of 1927 and Part III of the Act of 1932, and Part III of the Act of 1937, and the Act of 1946 and the Act of 1949;

the expression "the Act of 1927" means the Army Pensions Act, 1927 (No. 12 of 1927), and, where the context so permits, shall be construed as meaning that Act as amended by Part III of the Act of 1932, and Part III of the Act of 1937, and the Act of 1941, and the Act of 1943, and the Act of 1946 and the Act of 1949;

the expression "the Act of 1932" means the Army Pensions Act, 1932 (No. 24 of 1932), and, where the context so permits, shall be construed as meaning that Act as amended by Part IV of the Act of 1937, and the Act of 1941, and the Act of 1943, and the Act of 1949;

the expression "the Act of 1937" means the Army Pensions Act, 1937 (No. 15 of 1937), and, where the context so permits, shall be construed as meaning that Act as amended by the Act of 1941 and the Act of 1943, and the Act of 1946, and the Act of 1949;

the expression "the Act of 1941" means the Army Pensions Act, 1941 (No. 2 of 1941), and, where the context so permits, shall be construed as meaning that Act as amended by the Act of 1943, and the Act of 1949;

the expression "the Act of 1943" means the Army Pensions Act, 1943 (No. 14 of 1943), and, where the context so permits, shall be construed as meaning that Act as amended by the Act of 1946, and the Act of 1949;

the expression "the Act of 1946" means the Army Pensions Act, 1946 (No. 3 of 1946), as amended by the Act of 1949;

the expression "the Act of 1949" means the Army Pensions Act, 1949 (No. 19 of 1949);

the expression "the Acts" means the Army Pensions Acts, 1923 to 1949, but does not include this Act;

the expression "the April, 1922—September, 1924, period" means the period which commenced on the 1st day of April, 1922, and ended on the 30th September, 1924;

the word "pension" does not (except in section 18 of this Act) include a further pension under section 2 or section 3 of the Act of 1923 or a married pension.

(2) This Act shall be construed as one with the Acts.

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

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

( a ) a sum equal to one-sixth of the pension,

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

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

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

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

4.—(1) This section applies to—

( a ) an allowance payable, under section 7 of the Act of 1923, during widowhood to the widow of an officer,

( b ) an allowance, payable under section 8 of the Act of 1923 during widowhood to the widow of a person deemed under that section to have held in the forces the rank of officer, other than any such allowance to which subsection (2) of section 4 of the Act of 1927 applies.

(2) Every allowance to which this section applies shall be payable at the rate of £135 per annum in lieu of the rate of £90 per annum.

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

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

6.—(1) A disability pension granted under subsection (1) of section 10 of the Act of 1927 to an officer shall be increased in accordance with the provisions set out in the Third Schedule to this Act.

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

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

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

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

8.—(1) A wound pension granted under subsection (1) of section 12 of the Act of 1927 to an officer shall be increased in accordance with the provisions set out in the Third Schedule to this Act.

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

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

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

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

( a ) a sum equal to one-sixth of the pension,

( b ) the sum required to bring the amount of the pension up to that which would have been payable if the officer had been discharged from the forces on the 2nd day of September, 1946, and his rank and service in that rank on that date were the same as those on the date of his actual discharge.

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

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

10.—In paragraph 1 of Part I of the Sixth Schedule to the Act of 1927, the figure "£135" shall be substituted for the figure "£90".

11.—In Part 1 of the Seventh Schedule to the Act of 1927, the following paragraph shall be substituted for paragraph 1—

12.—A wound or disability pension granted under subsection (1) or (2) of section 10 of the Act of 1932 which is payable at the rate mentioned in column (2) of the Fifth Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of the said Fifth Schedule at that reference number.

13.—(1) Every final pension under section 26 of the Act of 1937 which is payable at the rate of fifteen shillings per week shall be payable at the rate of seventeen shillings and three pence per week,

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

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

15.—(1) Every final pension under section 6 of the Act of 1941 which is payable at the rate of fifteen shillings per week shall be payable at the rate of seventeen shillings and three pence per week.

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

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

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

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

"SECOND SCHEDULE

RATES OF PENSIONS UNDER SECTION 12 OF THIS ACT.

"

18.—(1) In this section—

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

the expression "military service pension" means a pension under the Military Service Pensions Acts, 1924 to 1945, as amended by any subsequent enactment;

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

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

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

(4) Where—

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

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

( c ) the aggregate amount of—

(i) the disablement pension, and

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

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

(5) Where—

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

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

( c ) the aggregate amount of—

(i) the disablement pension, and

(ii) the net amount of the other pension or pensions, is less than £450 per annum, and

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

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

19.—This Act shall be deemed to have come into operation on the 1st day of April, 1949, and the increase in pensions and allowances provided by this Act shall have effect as on and from that date.

20.—(1) This Act may be cited as the Army Pensions (Increase) Act, 1949 .

(2 ) This Act shall be included in the Acts which may be cited together as the Army Pensions Acts, 1923 to 1949.

Sections 2 (1), 3 (1), 5 (1), 7 (1), 9 (1).

FIRST SCHEDULE

Increased rates of—

( a ) wound pensions granted under section 1 of the Act of 1923 to officers discharged before 1st October, 1924,

( b ) wound pensions granted under section 3 of the Act of 1923 to persons ranking as officers,

( c ) disability pensions granted under section 9 of the Act of 1927 to officers,

( d ) wound pensions granted under section 11 of the Act of 1927 to officers,

( e ) disability pensions granted under section 13 of the Act of 1927 to officers discharged before 1st October, 1924,

( f ) disability pensions granted under section 13 of the act of 1927 to persons ranking as officers.

Sections 2 (3), 3 (2), 5 (2), 6 (3), 7 (2), 8 (3), 9 (3).

SECOND SCHEDULE

Increased rates of—

( a ) wound pensions granted under section 1 of the Act of 1923 to soldiers,

( b ) wound pensions granted under section 3 of the Act of 1923 to persons ranking as soldiers,

( c ) disability pensions granted under section 9 of the Act of 1927 to soldiers,

( d ) disability pensions granted under section 10 of the Act of 1927 to soldiers in respect of disablement caused by disease attributable to service in the forces during the emergency period,

( e ) wound pensions granted under section 11 of the Act of 1927 to soldiers,

( f ) wound pensions granted under section 12 of the Act of 1927, to soldiers discharged from the forces before the 30th day of July, 1949, in respect of disablement caused by a wound attributable to service in the forces during the emergency period,

( g ) disability pensions granted under section 13 of the Act of 1927 to soldiers discharged before 1st October, 1924,

( h ) disability pensions granted under section 13 of the Act 1927 to persons ranking as soldiers.

Section 6 (1).

Section 8 (1).

THIRD SCHEDULE

INCREASED RATES OF PENSIONS GRANTED TO OFFICERS UNDER SECTIONS 10 AND 12 OF THE ACT OF 1927.

1. (1) A disability pension granted under subsection (1) of section 10 of the Act of 1927 to an officer discharged from the forces before the 2nd day of September, 1946, and at the date of his discharge suffering from a disablement caused by disease attributable to service in the forces during the April, 1922 September, 1924, period shall be increased by whichever of the following sums is the lesser—

( a ) a sum equal to one-sixth of the pension,

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

(2) A disability pension granted under subsection (1) of section 10 of the Act of 1927 to an officer discharged from the forces before the 2nd day of September, 1946, and at the date of his discharge suffering from a disablement caused by disease attributable to service in the forces during the emergency period shall be increased by whichever of the following sums is the lesser—

( a ) a sum equal to one-sixth of the pension,

( b ) the sum required to bring the pension up to the amount which would have been payable under the Acts if—

(i) the officer had been discharged from the forces on the 2nd day of September, 1946, and

(ii) his rank and service in that rank on that date were the same as those on the date of his actual discharge, and

(iii) the scale of pension applicable were that set out in the Table to this Schedule.

(3) A disability pension granted under subsection (1) of section 10 of the Act of 1927 to an officer discharged from the forces on or after the 2nd day of September, 1946, shall be increased by the sum required to bring the pension up to the amount which would have been payable if the scale of pension applicable were that set out, in the Table to this Schedule.

2. (1) A wound pension granted under subsection (1) of section 12 of the Act of 1927 to an officer discharged from the forces before the 2nd day of September, 1946, shall be increased by whichever of the following sums is the lesser—

( a ) a sum equal to one-sixth of the pension,

( b ) the sum required to bring the amount of the pension up to that which would have been payable if—

(i) the officer had been discharged from the forces on the 2nd day of September, 1946, and.

(ii) his rank and service in that rank on that date were the same as those on the date of his actual discharge, and

(iii) the se of pension applicable were that act out in the Table to this Schedule.

(2) A wound pension granted under subsection (1) of section 12 of the Act of 1927 to an officer discharged from the forces on or after the 2nd day of September 1946, shall be increased by the sum required to bring the pension up to the amount which would have been payable if the scale of pension applicable were that set out in the Table to this Schedule.

TABLE TO THIRD SCHEDULE

Sections 6 (2), 8 (2), 9 (4).

FOURTH SCHEDULE

Revised scale of pensions granted—

( a ) under section 10 of the Act of 1927 to soldiers suffering from disablement caused by disease attributable to service during April, 1922 - September, 1924, period,

( b ) under section 12 of the Act of 1927 to soldiers discharged before 30th July, 1949, suffering from disablement caused by wound attributable to service (other than service during the emergency period),

( c ) under section 13 of the act of 1927 to soldiers discharged on or after 1st October, 1924.

Section 12.

FIFTH SCHEDULE

INCREASE OF WOUND AND DISABILITY PENSIONS GRANTED UNDER SECTION 10 OF THE ACT OF 1932.

Section 14.

SIXTH SCHEDULE

REVISED RATES OF PENSIONS UNDER PART VI OF THAT ACT OF 1937.