S.I. No. 222/1974:

ARMY PENSIONS (INCREASE) REGULATIONS, 1974.

ARMY PENSIONS (INCREASE) REGULATIONS, 1974.

ARRANGEMENT OF PARAGRAPHS.

PART I.

Preliminary.

Paragraph

1. Short title.

2. Definitions.

PART II.

Pensions and Allowances, including Special Allowances payable under the Army Pensions Acts, 1923 to 1973.

3. Amendment of paragraph 3 of Increase Regulations of 1969.

4. Amendment of paragraph 4 of Increase Regulations of 1969.

5. Amendment of paragraph 5 of Increase Regulations of 1969.

6. Amendment of paragraph 6 of Increase Regulations of 1969.

7. Amendment of Third Schedule to the Act of 1927.

8. Amendment of Section 3 of the Act of 1943.

9. Amendment of paragraph 9 of Increase Regulations of 1969.

10. Amendment of paragraph 10 of Increase Regulations of 1969.

11. Amendment of paragraph 11 of Increase Regulations of 1969.

12. Amendment of paragraph 12 of Increase Regulations of 1969.

13. Amendment of paragraph 13 of Increase Regulations of 1969.

14. Amendment of paragraph 14 of Increase Regulations of 1969.

15. Amendment of Second Schedule to the Act of 1932.

16. Increase of allowances to certain relatives of Signatories to the Proclamation published on Easter Monday, 1916.

17. Increase of pensions under section 26 of the Act of 1937, section 6 of the Act of 1941, section 6 of the Act of 1943, and section 5 of the No. 2 Act of 1960.

18. Amendment of paragraph 18 of Increase Regulations of 1969.

19. Amendment of First Schedule to the Act of 1962.

20. Amendment of Second Schedule to the Act of 1962.

21. Amendment of paragraph 21 of Increase Regulations of 1969.

22. Increase of allowances under section 4 of the Act of 1953.

23. Increase of allowances to certain children of Signatories to the Proclamation published on Easter Monday, 1916.

24. Increase of allowances under section 1 of the Army Pensions Act, 1971.

25. Commencement.

S.I. No. 222 of 1974.

ARMY PENSIONS (INCREASE) REGULATIONS, 1974.

I, PÁDRAIG S. Ó DONNAGÁIN, Minister for Defence in exercise of the powers conferred on me by section 7 of the Army Pensions Act, 1968 (No. 12 of 1968), as adapted by the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 294 of 1973 ), and with the consent of the Minister for the Public Service, hereby make the following Regulations:

PART I. Preliminary.

1. These Regulations may be cited as the Army Pensions (Increase) Regulations, 1974.

2. (1) In these Regulations--

"the Act of 1927" means the Army Pensions Act, 1927 (No. 12 of 1927);

"the Act of 1932" means the Army Pensions Act, 1932 (No. 24 of 1932);

"the Act of 1937" means the Army Pensions Act, 1937 (No. 15 of 1937);

"the Act of 1941" means the Army Pensions Act, 1941 (No. 2 of 1941);

"the Act of 1943" means the Army Pensions Act, 1943 (No. 14 of 1943);

"the Act of 1953" means the Army Pensions Act, 1953 (No. 23 of 1953);

"the Act of 1959" means the Army Pensions Act, 1959 (No. 15 of 1959);

"the No. 2 Act of 1960" means the Army Pensions (No. 2) Act, 1960 (No. 39 of 1960);

"the Act of 1962" means the Army Pensions Act, 1962 (No. 22 of 1962);

"the Acts" means the Army Pensions Acts, 1923 to 1973;

"the Increase Regulations of 1969" means the Army Pensions (Increase) Regulations, 1969 ( S.I. No. 191 of 1969 );

"the Increase Regulations of 1973" means the Army Pensions (Increase) Regulations, 1973 ( S.I. No. 141 of 1973 ).

(2) These Regulations shall be construed as one with the Acts, the Increase Regulations of 1969, the Army Pensions (Increase) (No. 2) Regulations, 1969 ( S.I. No. 236 of 1969 ), the Army Pensions (Increase) Regulations, 1971 ( S.I. No. 51 of 1971 ), the Army Pensions (Increase) Regulations, 1972 ( S.I. No. 101 of 1972 ) and the Increase Regulations of 1973.

(3) References in these Regulations to any enactment shall be construed as references to that enactment as amended by any subsequent enactment or regulations.

PART II. Pensions and Allowances, including Special Allowances, payable under the Army Pensions Acts, 1923 to 1973.

3. (1) A wound pension or disability pension to which paragraph 3 of the Increase Regulations of 1969 applies, and which is payable at a rate mentioned in column (2) of the Table to paragraph 3 of the Increase Regulations of 1973, shall be payable at the increased rate mentioned in column (2) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

(2) A further or married pension to which paragraph 3 of the Increase Regulations of 1969 applies, and which is payable at a rate mentioned in column (3) of the Table to paragraph 3 of the Increase Regulations of 1973, shall be payable at the increased rate in column (3) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

TABLE

4. A wound or disability pension to which paragraph 4 of the Increase Regulations of 1969 applies, and which is payable to an officer discharged from the forces before the 2nd day of July, 1973, shall be increased to the amount which would be payable to such officer under the Acts if he had been discharged from the forces on the 2nd day of July, 1973, and his rank and service in that rank on that date were the same as those on the date of his actual discharge.

5. A wound or disability pension to which paragraph 5 of the Increase Regulations of 1969 applies, and which is payable at a rate mentioned in column (2) of the Table to paragraph 5 of the Increase Regulations of 1973, shall be payable at the increased rate mentioned in column (2) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

TABLE

6. A further or married pension to which paragraph 6 of the Increase Regulations of 1969 applies, and which is payable at a rate mentioned in column (2) of the Table to paragraph 6 of the Increase Regulations of 1973, shall be payable at the increased rate mentioned in column (2) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

TABLE

7. The Third Schedule to the Act of 1927 (as amended by paragraph 7 of the Increase Regulations of 1973) shall be construed as if--

( a ) for the reference in Part I to a married pension of £99.36 per annum there were substituted a reference to a married pension of £113.28 per annum, and for the reference in Part II to a married pension of £1.25 a week there were substituted a reference to a married pension of £1.43 a week, and the said Schedule, as so amended, is set out in the Table to this paragraph.

TABLE.

THIRD SCHEDULE.

PART I.

Officers.

The married pension payable to an officer in receipt of a pension under this Schedule who is entitled to a married pension shall be at the rate of £113.28 per annum.

PART II.

Soldiers.

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 £1.43 a week.

8. Section 3 of the Act of 1943 (as amended by paragraph 8 of the Increase Regulations of 1973) shall be construed as if for the reference in the Table to subsection (5) to a married pension of £147.00 per annum there were substituted a reference to a married pension of £167.64 per annum, and the said Table, as so amended, is set out in the Table to this paragraph.

TABLE.

THIRD SCHEDULE.

PART I.

Officers.

The married pension payable to an officer in receipt of a pension under this Schedule who is entitled to a married pension shall be at the rate of £167.64 per annum.

9. A married pension to which paragraph 9 of the Increase Regulations of 1969 applies, and which is payable at a rate mentioned in columns (2) and (3) of the Table to paragraph 9 of the Increase Regulations of 1973, shall be payable at the increased rate mentioned in columns (2) and (3) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

TABLE

10. An allowance to which paragraph 10 of the Increase Regulations of 1969 applies, and which is payable at a rate mentioned in the Table to paragraph 10 of the Increase Regulations of 1973 at a particular reference number, shall be payable at the increased rate mentioned in the Table to this paragraph at that reference number.

TABLE

11. An allowance to which paragraph 11 of the Increase Regulations of 1969 applies, and which is payable at the rate mentioned in the Table to paragraph 11 of the Increase Regulations of 1973 at a particular reference number, shall be payable at the increased rate mentioned in the Table to this paragraph at that reference number.

TABLE

12. A gratuity to which paragraph 12 of the Increase Regulations of 1969 applies and which is payable at a rate mentioned in the Table to paragraph 12 of the Increase Regulations of 1973 at a particular reference number, shall be payable at the increased rate mentioned in the Table to this paragraph at that reference number.

TABLE

13. A wound or disability pension to which paragraph 13 of the Increase Regulations of 1969 applies, and which is payable at a rate mentioned in column (2) of the Table to paragraph 13 of the Increase Regulations of 1973, shall be payable at the increased rate mentioned in column (2) of the Table to this paragraph corresponding to the degree of disablement mentioned in column (1) of that Table.

TABLE

14. (1) A wound pension or disability pension granted under section 10 (1) or 10 (2) of the Act of 1932, which is payable at a rate mentioned in column (2) of the Table to paragraph 14 of the Increase Regulations of 1973, shall be payable at the increased rate mentioned in column (2) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

(2) A married pension granted under section 10 (3) of the Act of 1932, which is payable at a rate mentioned in column (3) of the Table to paragraph 14 of the Increase Regulations of 1973, shall be payable at the increased rate mentioned in column (3) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

TABLE

15. The Second Schedule (which specifies allowances to certain classes of persons) to the Act of 1932, as amended by paragraph 15 of the Increase Regulations of 1973, is hereby further amended--

( a ) by the substitution in paragraph 1 of the Part I of "£479.04" for "£420.12",

( b ) by the substitution in paragraphs 2 and 3 of Part I of "£127.68" and "£214.56" for "£111.96" and "£188.16", respectively and

( c ) by the substitution in paragraph 5 of Part II of "£5.39" for "£4.72", and the said Schedule, as so amended, is set out in the Table to this paragraph.

TABLE.

SECOND SCHEDULE.

PART I.

PART II

16. Section 3 (1) of the Act of 1937, as amended by paragraph 16 of the Increase Regulations of 1973, is hereby further amended by the substitution in paragraph (c) (which relates to the allowance payable to each sister of a Signatory to the Proclamation published on Easter Monday, 1916) of "nine hundred and fifty-four pounds twenty-four new pence" for "eight hundred and thirty-seven pounds" and the said section 3 (1), as so amended, is set out in the Table to this paragraph.

TABLE.

3 (1) There shall be paid out of moneys provided by the Oireachtas--

(c) to each sister of a Signatory, an annual allowance of nine hundred and fifty-four pounds twenty-four new pence during her life.

17. (1) Every final pension under section 26 of the Act of 1937, section 6 of the Act of 1941, section 6 of the Act of 1943 and section 5 of the No. 2 Act of 1960, which is payable at the rate of four pounds seventy-two new pence per week, shall be payable at the rate of five pounds thirty-nine new pence per week.

(2) Every final pension under section 26 of the Act of 1937, section 6 of the Act of 1941, section 6 of the Act of 1943 and section 5 of the No. 2 Act of 1960, which is payable at the rate of six pounds twenty-six new pence per week, shall be payable at the rate of seven pounds fourteen new pence per week.

18. A pension to which paragraph 18 of the Increase Regulations of 1969 applies, and which is payable at the rate mentioned in column (2) of the Table to paragraph 18 of the Increase Regulations of 1973, shall be payable at the increased rate mentioned in column (2) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

TABLE

19. The First Schedule to the Act of 1962, as amended by paragraph 19 of the Increase Regulations of 1973, is hereby further amended--

( a ) by the substitution of the following Table for the Table to Part I:

"

( b ) by the substitution of the following Table for the Table to Part II:

"

", and

( c ) by the substitution of the following Table for the Table to Part III:

"

"

20. The Second Schedule (which specifies allowances to dependants of certain deceased persons) to the Act of 1962 as amended by paragraph 20 of the Increase Regulations of 1973, is hereby further amended by the substitution of "£4.51", "£1.66" and "£3.38" for "£3.95", "£1.45" and "£2.96", respectively and the said Schedule, as so amended, is set out in the Table to this paragraph.

TABLE.

SECOND SCHEDULE.

21. (1) Paragraph 21 (a) of the Increase Regulations of 1969, as amended by paragraph 21 of the Increase Regulations of 1973, is hereby further amended by the substitution of--

( a ) "£238" for "£215" in clauses (i) and (ii),

( b ) "£258" for "£235" in clauses (iii) and (v), and

( c ) "£281" for "£258" in clauses (iv) and (vi) and the said paragraph 21 (a), as so amended, is set out in the Table to this paragraph.

TABLE.

21 ( a ) the expression "the appropriate annual sum" means, in respect of a person whose age is seventy years or more--

(i) in relation to a single man or woman or to a widower or widow with no children, £238;

(ii) in relation to a widower or widow who has children, the sum of the following amounts, namely, £238 and £12 in respect of each child;

(iii) in relation to a married man or woman whose spouse is living and who has no children and who is in receipt of an old age (contributory) pension under the Social Welfare Acts, 1952 to 1973, or whose spouse is in receipt of such pension or of an old age (non-contributory) pension or a blind pension under the Old Age Pensions Acts, 1908 to 1973, £258;

(iv) in relation to any married man or woman not mentioned in subparagraph (iii) above whose spouse is living and who has no children, £281;

(v) in relation to a married man or woman whose spouse is living and who has children and who is in receipt of an old age (contributory) pension under the Social Welfare Acts, 1952 to 1973, or whose spouse is in receipt of such pension or of an old age (non-contributory) pension or a blind pension under the Old Age Pensions Acts, 1908 to 1973, the sum of the following amounts, namely, £258 and £12 in respect of each child;

(vi) in relation to any married man or woman not mentioned in subparagraph (v) above whose spouse is living and who has children, the sum of the following amounts, namely, £281 and £12 in respect of each child.

(2) Paragraph 21 (b) of the Increase Regulations of 1969, as amended by paragraph 21 of the Increase Regulations of 1973, is hereby further amended by the substitution of--

( a ) "£264" for "£241" in clauses (i) and (ii), and

( b ) "£290" for "£267" in clauses (iii) and (iv), and the said paragraph 21 (b), as so amended, is set out in the Table to this paragraph.

TABLE.

21 ( b ) the expression "the appropriate annual sum" means, in respect of a person whose age is less than seventy years

(i) in relation to a single man or woman or to a widower or widow with no children, £264;

(ii) in relation to a widower or widow who has children, the sum of the following amounts, namely, £264 and £12 in respect of each child;

(iii) in relation to a married man or woman whose spouse is living but who has no children, £290;

(iv) in relation to a married man or woman whose spouse is living and who has children, the sum of the following amounts, namely, £290, and £12 in respect of each child.

22. Section 4 (1) of the Act of 1953 (which provides for allowances to certain relatives of certain deceased persons with pre-truce military service), as amended by paragraph 22 of the Increase Regulations of 1973, is hereby further amended--

(i) by the substitution in paragraph (a) of "£954.24" for "£837",

(ii) by the substitution in paragraphs (aa) and (ab) (inserted by section 8 of the Act of 1959) of "£479.04" for "£420.12",

(iii) by the substitution in paragraph (b) of "£689.04 " for "£604.32" and

(iv) by the substitution in paragraphs (c) and (d) of "£479.04" for "£420.12", and the said section 4 (1), as so amended, is set out in the Table to this paragraph.

TABLE

4 (1) The Minister may, on account of the death of any person to whom this Part applies, on application being made to him--

( a ) grant to the widow of such deceased person provided such widow has not remarried, an annual allowance of £954.24 during widowhood;

( b ) grant to any parent of such deceased person an annual allowance of £689.04;

(aa) grant to any permanently invalided son of such deceased person an annual allowance of £479.04, provided the permanent invalidism of such son existed before he attained the age of 18 years;

(ab) grant to any permanently invalided daughter of such deceased person, provided such daughter is unmarried or a widow, an annual allowance of £479.04, while she remains unmarried or a widow (as the case may be) and provided the permanent invalidism of such daughter existed before she attained the age of 21 years;

( c ) grant to any sister of such deceased person, provided such sister is unmarried or a widow, an annual allowance of £479.04, while she remains unmarried or a widow (as the case may be) and provided such sister--

(i) was dependent on such deceased person at the date of his death, or

(ii) should, in the opinion of the Minister for the Public Service, be treated, having regard to all the circumstances of the case, as a dependent on such deceased person;

( d ) grant to any permanently invalided brother of such deceased person, an annual allowance of £479.04, provided such brother--

(i) was dependant on such deceased person at the date of his death, or

(ii) should, in the opinion of the Minister for the Public Service, be treated, having regard to all the circumstances of the case, as a dependant of such deceased person.

23. Section 45 (1) of the Act of 1953 (which relates to the allowances payable to certain children of Signatories to the Proclamation published on Easter Monday, 1916, as amended by paragraph 23 of the Increase Regulations of 1973, is hereby further amended by the substitution of "£479.04" for "£420.12", and the said section 45 (1), as so amended is set out in the Table to this paragraph.

TABLE

45 (1) There shall be paid out of moneys provided by the Oireachtas, on application being made to the Minister, an annual allowance of £479.04 to--

( a ) each daughter of a Signatory to the Proclamation published on Easter Monday, 1916, and

( b ) each son of such Signatory, where the Minister is satisfied that such son is incapable of self-support by reason of age or permanent infirmity of body or mind.

24. Section 1 (1) of the Army Pensions Act, 1971 (No. 26 of 1971), as amended by paragraph 24 of the Increase Regulations of 1973, is hereby further amended--

(i) by the substitution in paragraph (a) of "£80.52" for "£70.56",

(ii) by the substitution in paragraph (b) of "1973" for "1972" and the said section 1 (1) as so amended, is set out in the Table to this paragraph.

TABLE.

1 (1) The Minister may grant to the widow (provided she has not remarried) of a person who was granted a pension under the Military Service Pensions Act, 1924 , or the Military Service Pensions Act, 1934 , or a pension under the Connaught Rangers (Pensions) Act, 1936 , an allowance of--

(a) £80.52 per annum, or

(b) one half of the annual rate of pension payable under any of the said Acts to her husband on the 1st day of October, 1973, or which would be payable to him if he were alive on that date,

whichever is the greater.

25. These Regulations shall be deemed to have come into operation on the 1st day of October, 1973.

GIVEN under my Official Seal, this 16th day of July, 1974.

PÁDRAIG S. Ó DONNAGÁIN,

The Minister for the Public Service hereby consents to the making of the foregoing regulations.

GIVEN under the Official Seal of the Minister for the Public Service, this 16th

day of July, 1974.

RICHIE RYAN.

EXPLANATORY NOTE.

These Regulations provide for the Budgetary increases effective from 1st October, 1973 in pensions, allowances (including special allowances) and gratuities payable under the Army Pensions Acts, 1923 to 1973 and the Army Pensions (Increase) Regulations, 1969.