Army Pensions Act, 1960
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) In this Act—
“the Act of 1923” means the Army Pensions Act, 1923 ;
“the Act of 1927” means the Army Pensions Act, 1927 ;
“the Act of 1932” means the Army Pensions Act, 1932 ;
“the Act of 1937” means the Army Pensions Act, 1937 ;
“the Act of 1941” means the Army Pensions Act, 1941 ;
“the Act of 1943” means the Army Pensions Act, 1943 ;
“the Act of 1946” means the Army Pensions Act, 1946 ;
“the Act of 1949” means the Army Pensions Act, 1949 ;
“the Act of 1953” means the Army Pensions Act, 1953 ;
“the Act of 1957” means the Army Pensions Act, 1957 ;
“the Act of 1959” means the Army Pensions Act, 1959 ;
“the Acts” means the Army Pensions Acts, 1923 to 1959, but does not include this Act;
“the April, 1922-September, 1924, period” means the period which commenced on the 1st day of April, 1922, and ended on the 30th day of September, 1924.
(2) This Act shall be construed as one with the Acts.
(3) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.
num: 2
paragraphs: —(1) A wound pension granted under section 1 of the Act of 1923 to an officer discharged from the forces before the 1st day of October, 1924, which under the Acts is payable at the rate mentioned in column (2) of the First Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of that Schedule at that reference number.
(2) The amount of a wound pension granted under section 1 of the Act of 1923 to an officer discharged from the forces on or after the 1st day of October, 1924, and before the 2nd day of April, 1950, shall, in lieu of being an amount calculated in accordance with subsection (2) of section 4 of the Act of 1957, be whichever of the following amounts is the lesser—
(a) the amount specified in paragraph (a) of subsection (2) of section 4 of the Act of 1957, increased by—
(i) in case such officer was discharged from the forces before the 1st day of September, 1949—six per cent., or
(ii) in case such officer was discharged from the forces on or after the 1st day of September, 1949—four per cent.,
(b) the amount which would be payable to such officer under the Acts if he had been discharged from the forces on the 2nd day of November, 1952, and his rank and service in that rank on that date were the same as those on the date of his actual discharge and the scale of pension applicable to him were the appropriate scale contained in the Tables to subsection (2) of section 4 of the Act of 1957.
num: 3
paragraphs: —(1) A wound pension granted under section 3 of the Act of 1923 to a person deemed to have held the rank of officer in the forces which under the Acts is payable at the rate mentioned in column (2) of the First Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of that Schedule at that reference number.
num: 4
paragraphs: —The amount of a further pension granted under section 2 or 3 of the Act of 1923 shall be the amount payable under the Acts in respect of such further pension increased by six per cent.
num: 5
paragraphs: —The Second Schedule (which specifies allowances for dependants of certain deceased officers) to the Act of 1923 is hereby amended in the following respects—
(a) in paragraph 1, “£160” shall be substituted for “£151” (inserted by subsection (1) of section 6 of the Act of 1957),
(b) in paragraph 2 and in paragraph 3, “£44” and “£73” shall be substituted for “£41 10s.” and “£69” (inserted by subsection (1) of section 6 of the Act of 1957) respectively, and
(c) in paragraph 5, “£1 16s. 6d.” shall be substituted for “£1 14s. 6d.” (inserted by subsection (1) of section 6 of the Act of 1957).
num: 6
paragraphs: —The Third Schedule (which specifies allowances for dependants of certain deceased soldiers) to the Act of 1923 is hereby amended in the following respects—
(a) in paragraph 1, “£1 12s. 0d.” shall be substituted for “£1 10s. 3d.” (inserted by section 7 of the Act of 1957),
(b) in paragraph 2, “9s. 3d.”, “6s. 3d.” and “15s. 9d.” shall be substituted for “8s. 9d.”, “6s.” and “14s. 9d.” (inserted by section 7 of the Act of 1957) respectively, and
(c) in paragraph 4, “£1 7s. 6d.” shall be substituted for “£1 6s.” (inserted by section 7 of the Act of 1957).
num: 7
paragraphs: —(1) A disability pension granted under subsection (1) of section 9 of the Act of 1927 to an officer which under the Acts is payable at the rate mentioned in column (2) of the First Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of that Schedule at that reference number.
num: 8
paragraphs: —(1) The amount of a disability pension granted under subsection (1) of section 10 of the Act of 1927 to an officer discharged from the forces before the 2nd day of April, 1950, shall be determined in accordance with the provisions set out in the Third Schedule to this Act.
num: 9
paragraphs: —(1) A wound pension granted under subsection (1) of section 11 of the Act of 1927 to an officer which under the Acts is payable at the rate mentioned in column (2) of the First Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of that Schedule at that reference number.
num: 10
paragraphs: —(1) The amount of a wound pension granted under subsection (1) of section 12 of the Act of 1927 to an officer discharged from the forces before the 2nd day of April, 1950, shall be determined in accordance with the provisions set out in the Third Schedule to this Act.
num: 11
paragraphs: —(1) A disability pension granted under subsection (1) of section 13 of the Act of 1927 to an officer discharged from the forces before the 1st day of October, 1924, or to a person determined to have been an officer which under the Acts is payable at the rate mentioned in column (2) of the First Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of that Schedule at that reference number.
(2) The amount of a disability pension granted under subsection (1) of section 13 of the Act of 1927 to an officer discharged from the forces on or after the 1st day of October, 1924, and before the 2nd day of April, 1950, shall, in lieu of being an amount calculated in accordance with subsection (2) of section 12 of the Act of 1957, be whichever of the following is the lesser—
(a) the amount specified in paragraph (a) of subsection (2) of section 12 of the Act of 1957, increased by—
(i) in case such officer was discharged from the forces before the 1st day of September, 1949— six per cent., or
(ii) in case such officer was discharged from the forces on or after the 1st day of September, 1949—four per cent.,
(b) the amount which would be payable to such officer under the Acts if he had been discharged from the forces on the 2nd day of November, 1952, and his rank and service in that rank on that date were the same as those on the date of his actual discharge and the scale of pension applicable to him were the appropriate scale contained in the Tables to subsection (2) of section 4 of the Act of 1957.
num: 12
paragraphs: —The amount of a married pension granted under section 9, 10, 11, 12 or 13 of the Act of 1927 or under section 5 of the Act of 1946 shall be the amount payable under the Acts in respect of such married pension increased by six per cent.
num: 13
paragraphs: —The Sixth Schedule (which specifies allowances to dependants of certain deceased members of the forces) to the Act of 1927 is hereby amended in the following respects—
(a) in paragraph 1 of Part I, “£160” shall be substituted for “£151” (inserted by section 13 of the Act of 1957),
(b) in paragraphs 2 and 3 of Part I, “£44” and “£73” shall be substituted for “£41 10s.” and “£69” (inserted by section 13 of the Act of 1957), respectively,
(c) in paragraph 1 of Part II, “£1 12s.” shall be substituted for “£1 10s. 3d.” (inserted by section 13 of the Act of 1957), and
(d) in paragraph 2 of Part II, “9s. 3d.”, “6s. 3d.” and “15s. 9d.” shall be substituted for “8s. 9d.”, “6s.” and “14s. 9d.” (inserted by section 13 of the Act of 1957) respectively.
num: 14
paragraphs: —(1) The following Parts shall be substituted for Part I and Part II (inserted by subsection (1) of section 14 of the Act of 1957) of the Seventh Schedule to the Act of 1927 (which specifies allowances to dependants of certain deceased members of the Forces):
“Allowances to Dependants.
Part I.
Officers.
num: 1
paragraphs: Widow of second lieutenant, lieutenant or captain.
£109 10s. per annum during widowhood.
Widow of major, lieutenant-colonel or commandant.
£160 per annum during widowhood.
Widow of colonel or officer of higher rank.
£199 10s. per annum during widowhood.
num: 2
paragraphs: Widow of officer (any rank).
£188 gratuity on first re-marriage.
num: 3
paragraphs: Children who are, in the case of sons, under the age of 18, and in the case of daughters, unmarried and under the age of 21.
(a) while mother is living, £33 per annum for each child.
(b) after death of mother, £61 per annum for each child.
num: 4
paragraphs: 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 £60 in any one calendar year in respect of any one child. This allowance is additional to the allowance stated in paragraph 3.
Part II.
Soldiers.
num: 1
paragraphs: Widow
22s. 9d. per week during widowhood.
num: 2
paragraphs: Widow
Gratuity of £86 on first re-marriage.
num: 3
paragraphs: Children who are, in the case of sons, under the age of 18, and in the case of daughters, unmarried and under the age of 18.
(a) while mother is living, 8s. 6d. per week for each child.
(b) after death of mother, 17s. per week for each child.
num: 4
paragraphs: 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 £60 in any one calendar year in respect of any one child. This allowance is additional to the allowance stated in paragraph 3.”
num: 15
paragraphs: —(1) A wound pension or a disability pension granted under subsection (1) or under subsection (2) of section 10 of the Act of 1932 which is payable at the rate mentioned in column (2) of the Fifth Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (4) of that Schedule at that reference number.
num: 16
paragraphs: —The Second Schedule (which specifies allowances and gratuities to certain classes of persons) to the Act of 1932 is hereby amended in the following respects—
(a) in paragraph 1 of Part I, “£123” shall be substituted for “£116” (inserted by section 16 of the Act of 1957),
(b) in paragraphs 2 and 3 of Part I, “£33” and “£55” shall be substituted for “£31” and “£52” (inserted by section 16 of the Act of 1957) respectively, and
(c) in paragraph 5 of Part II, “27s. 6d.” shall be substituted for “26s.” (inserted by section 16 of the Act of 1957).
num: 17
paragraphs: —Subsection (1) of section 3 of the Act of 1937 is hereby amended by the substitution in paragraph (a) (which relates to the allowance payable to the widow (if any) of a Signatory of the Proclamation published on Easter Monday, 1916) of “five hundred and sixty one pounds and sixteen shillings” for “five hundred pounds”.
num: 18
paragraphs: —(1) Every final pension under section 26 of the Act of 1937 which is payable at the rate of one pound and six shillings per week shall be payable at the rate of one pound seven shillings and sixpence per week.
(2) Every final pension under section 26 of the Act of 1937 which is payable at the rate of one pound fourteen shillings and sixpence per week shall be payable at the rate of one pound sixteen shillings and sixpence per week.
num: 19
paragraphs: —Section 28 and section 29 of the Act of 1937 (which provide for pensions to former members of the forces and members of certain organisations in respect of wounds or disease aggravated by service) shall have effect as if, for the Schedule to that Act, there were substituted the Sixth Schedule to this Act.
num: 20
paragraphs: —In subsection (2) and in paragraph (d) of subsection (3) of section 37 of the Act of 1937 (which provides for allowances to certain relatives of deceased members of certain organisations) “seventy three pounds” shall be substituted for “sixty nine pounds” (inserted by section 20 of the Act of 1957).
num: 21
paragraphs: —(1) Every final pension under section 6 of the Act of 1941 which is payable at the rate of one pound and six shillings per week shall be payable at the rate of one pound seven shillings and sixpence per week.
(2) Every final pension under section 6 of the Act of 1941 which is payable at the rate of one pound fourteen shillings and sixpence per week shall be payable at the rate of one pound sixteen shillings and sixpence per week.
num: 22
paragraphs: —There shall be substituted for the Schedule (inserted by section 22 of the Act of 1957) to section 4 of the Act of 1943 (which extends certain provisions of the Act of 1927 to members of the Army Nursing Service), the following—
num: 23
paragraphs: —(1) Every final pension under section 6 of the Act of 1943 which is payable at the rate of one pound and six shillings per week shall be payable at the rate of one pound seven shillings and sixpence per week.
(2) Every final pension under section 6 of the Act of 1943 which is payable at the rate of one pound fourteen shillings and sixpence per week shall be payable at the rate of one pound sixteen shillings and sixpence per week.
num: 24
paragraphs: —Section 12 of the Act of 1946 (which provides for pensions in respect of tuberculosis aggravated by service during the emergency period) shall have effect as if for the Second Schedule (inserted by section 24 of the Act of 1957) to the Act of 1946 there were substituted the following—
num: 25
paragraphs: —The preceding provisions of this Act shall be deemed to have come into operation on the 1st day of August, 1959, and the increase in pensions (including further and married pensions) and allowances provided by those provisions shall have effect from that date.
num: 26
paragraphs: —(1) Notwithstanding anything contained in section 8 or 9 of the Second Schedule to the Act of 1923 or in section 7 or 8 of the Third Schedule to the Act of 1923, an allowance may be granted under section 2 of the Act of 1946 to the widow or child of a deceased person to whom the said section 2 applies whether such widow or child was or was not wholly or partially dependent on such deceased person at the date of his death.
(2) Where an allowance is granted by virtue of subsection (1) of this section to the widow or child of a deceased person—
(a) the allowance shall commence on such date (not earlier than the 21st day of July, 1959) as the Minister may determine,
(b) subsection (2) of section 2 of the Act of 1946 shall not apply in relation to the commencement of the allowance.
(3) Notwithstanding anything contained in the Acts, an application for the grant of an allowance which may be granted by virtue of subsection (1) of this section may be made not later than the 20th day of July, 1960.
(4) Section 7 of the Act of 1959 (which restricts the grant of an allowance or gratuity to the widow or child of a deceased person to whom section 2 of the Act of 1946 applies) shall not be construed as affecting the operation of subsection (3) of section 40 of the Act of 1953.
(5) The preceding subsections of this section shall be deemed to have come into operation on and shall have effect on and from the 21st day of July, 1959.
num: 27
paragraphs: —Notwithstanding anything contained in subsection (1) of section 6 of the Act of 1953, as amended by section 9 of the Army Pensions Act, 1959 (No. 15 of 1959), an application made pursuant to subsection (2) of section 5 of the Act of 1953 may be made not later than twelve months after the 21st day of July, 1959.
num: 28
paragraphs: —(1) Section 37 of the Act of 1953 shall not apply and shall be deemed never to have applied in respect of a person discharged from the forces on or after the 1st day of January, 1953.
(2) Subsection (1) of this section shall not operate to increase a disablement pension (within the meaning of section 37 of the Act of 1953) for the period which commenced on the 1st day of January, 1953, and ended on the 31st day of July, 1959.
num: 29
paragraphs: —(1) In this section “the relevant provisions of the Acts” means—
(a) subsection (2) of section 2 of the Act of 1923,
(b) subsection (2) of section 9, subsection (2) of section 10, subsection (2) of section 11, subsection (2) of section 12 and subsection (2) of section 13 of the Act of 1927, and
(c) subsection (3) of section 10 of the Act of 1932.
(2) The relevant provisions of the Acts, as respects any person who was engaged in pre-truce military service and who is in receipt of a disability pension or a wound pension under the Acts, shall be construed as if, in respect of a disease contracted during service which terminated before the 10th day of December, 1932, or a wound received before the 10th day of December, 1932, the sole condition necessary as to the marriage of that person for the grant of a further pension or a married pension to such person was that such marriage took place on or after the 10th day of December, 1932, and before the 5th day of August, 1953, and accordingly, the appropriate further pension or married pension shall, on application being made to the Minister, be payable under the Acts, from such, date (not earlier than the date of the passing of this Act) as the Minister may determine, to such person provided he was, on such date, a married man for the purposes of the Acts.
(3) Nothing in this section shall be construed as authorising the payment of a further pension or a married pension to a person who was granted such pension in respect of a period before the 5th day of August, 1953, and whose wife died and who re-married before that date.
(4) Subsection (1) and subsection (2) of section 12 of the Act of 1959 shall not be construed as affecting the operation of subsection (2) of this section.
(5) Every application for a pension under the relevant provisions of the Acts as amended by this Act shall be made not later than twelve months after the date of the passing of this Act and shall be in such form and contain such particulars as the Minister may require.
num: 30
paragraphs: —(1) In this section “the relevant provisions of the Acts” means—
(a) the following provisions of the Act of 1927, namely—
(i) paragraph (ii) of subsection (1) of section 14 (in so far as it applies to a person mentioned in paragraph (e) of that subsection) as amended by subsection (1) of section 25 of the Act of 1932,
(ii) subsection (6) of section 14 (in so far as it relates to a person mentioned in paragraph (a), paragraph (b) or paragraph (c) of subsection (2) of that section),
(iii) subsection (4) of section 15 (in so far as it relates to a person mentioned in paragraph (a), paragraph (b) or paragraph (c) of subsection (2) of that section);
(b) section 12 of the Act of 1932, as amended by section 19 of the Act of 1937.
(2) The relevant provisions of the Acts, as respects any deceased person who was engaged in pre-truce military service and
(a) who was a member of an organisation to which Part II of the Act of 1932 applied, or
(b) who either died from a disease before the 10th day of December, 1932, while serving in the forces, or was discharged from the forces before the said date suffering from a disease, or
(c) who, in the case of a person who was killed, was killed before the 10th day of December, 1932, or
(d) who, in the case of a person who died as a result of a wound, received such wound before the 10th day of December, 1932,
shall be construed as if the sole condition necessary as to the marriage of that person, for the grant of a widow's allowance and children's allowances under the Acts to the widow and children of such person was that such marriage took place on or after the 10th day of December, 1932, and before the 5th day of August, 1953, and accordingly, the appropriate widow's allowance and children's allowances shall, on application being made to the Minister, be payable under the Acts, from such date (not earlier than the date of the passing of this Act) as the Minister may determine to such widow (provided she had not remarried on or before such date) and children.
(3) Where a person who was engaged in pre-truce military service died while in receipt of a wound pension or a disability pension and would have been entitled, immediately prior to the date of his death, to a further pension or a married pension if the sole condition for the grant of such further pension or married pension had been that his marriage took place on or after the 10th day of December, 1932, and before the 5th day of August, 1953, and provided the death of such person was due solely to the wound or disease in respect of which the wound pension or the disability pension (as the case may be) was granted, the Minister, on application being made to him, may grant to the widow (provided she has not remarried) and children of such person the appropriate allowances under the Acts as amended by this Act.
(4) (a) No application under the Acts as amended by this Act for a widow's or child's allowance in respect of a deceased person shall be entertained unless an application was previously duly made under the Acts for such allowance or for a widow's gratuity in respect of that deceased person.
(b) Notwithstanding paragraph (a) of this subsection, it shall be lawful for the widow and children of a deceased person who, at the date of his death, was in receipt of a disability pension or a wound pension to apply for and be granted a widow's and child's allowance under the Acts as amended by this Act.
(c) Notwithstanding paragraph (a) of this subsection, it shall be lawful for a person who did not previously apply for a widow's or child's allowance or for a widow's gratuity under the Acts in respect of the death of a person to whom subsection (2) of this section applies to apply for and be granted such allowance under the Acts as amended by this Act provided that, if such person had duly made an application for an allowance or gratuity under the Acts in respect of such deceased person, such application would have been refused solely on the ground that the applicant did not comply with the relevant provisions of the Acts.
(5) (a) Where, before the passing of this Act, an application was duly made under the Acts for a widow's or child's allowance or for a gratuity in respect of a deceased person and such application was refused on grounds other than failure to comply with the relevant provisions of the Acts, no further application under the Acts as amended by this Act in respect of that deceased person shall be entertained.
(b) It shall be lawful for a person who previously applied for a widow's or child's allowance or for a widow's gratuity under the Acts and whose application was refused solely on the ground of failure to comply with the relevant provisions of the Acts, to apply for and be granted such allowance under the Acts as amended by this Act.
(6) Subsections (1), (2) and (3) of section 5 and section 7 of the Act of 1959 shall not be construed as affecting the operation of subsection (3) of this section.
(7) Every application for an allowance under the relevant provisions of the Acts as amended by this Act shall be made not later than twelve months after the date of the passing of this Act and shall be in such form and contain such particulars as the Minister may require.
num: 31
paragraphs: —(1) This Act may be cited as the Army Pensions Act, 1960.
(2) The Army Pensions Acts, 1923 to 1959, and this Act may be cited together as the Army Pensions Acts, 1923 to 1960.