Army Pensions Act, 1957
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) This Act may be cited as the Army Pensions Act, 1957.
(2) The Acts and this Act may be cited together as the Army Pensions Acts, 1923 to 1957.
num: 2
paragraphs: —(1) In this Act—
“the Act of 1923” means the Army Pensions Act, 1923 (No. 26 of 1923);
“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 1946” means the Army Pensions Act, 1946 (No. 3 of 1946);
“the Act of 1949” means the Army Pensions Act, 1949 (No. 19 of 1949);
“the Act of 1953” means the Army Pensions Act, 1953 (No. 23 of 1953);
“the Acts” means the Army Pensions Acts, 1923 to 1953, 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;
“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;
“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) 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: 3
paragraphs: —(1) For the purposes of this Part “the appropriate sum” in relation to a pension means—
(a) where the amount of the pension does not exceed £100 a year, fifteen per cent. of the amount of the pension,
(b) where the amount of the pension exceeds £100 a year but does not exceed £125 a year, £15 a year.
(c) where the amount of the pension exceeds £125 a year but does not exceed £150 a year, twelve per cent. of the amount of the pension,
(d) where the amount of the pension exceeds £150 a year but does not exceed £200 a year, £18 a year,
(e) where the amount of the pension exceeds £200 a year but does not exceed £300 a year, nine per cent. of the amount of the pension,
(f) where the amount of the pension exceeds £300 a year but does not exceed £450 a year, £27 a year.
(2) For the purposes of subsection (1) of this section, the amount of a pension shall be the amount of the full pension, whether the pension is in course of payment in full, in part or not at all.
(3) In this section “pension” does not include a further pension under section 2 or section 3 of the Act of 1923 or a married pension.
num: 4
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 14 of the Act of 1953, be whichever of the following amounts is the lesser—
(a) the amount payable to such officer under subsection (2) of the said section 14, increased by the appropriate sum,
(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 this subsection.
TABLE I
Officer who was a married officer within the meaning of the Defence Force Regulations governing the pay of officers in force on the day before the day of his discharge from the forces.
Degree of Disablement
Scale of Pension
(1)
(2)
per cent.
100
48 per cent. of annual pay at the date of discharge.
90
43 per cent. of annual pay at the date of discharge.
80
39 per cent. of annual pay at the date of discharge.
70
34 per cent. of annual pay at the date of discharge.
60
29 per cent. of annual pay at the date of discharge.
50
24 per cent. of annual pay at the date of discharge.
40
19 per cent. of annual pay at the date of discharge.
30
14 per cent. of annual pay at the date of discharge.
20
10 per cent. of annual pay at the date of discharge.
TABLE II
Officer who was not a married officer within the meaning of the Defence Force Regulations governing the pay of officers in force on the day before the day of his discharge from the forces.
Degree of Disablement
Scale of Pension
(1)
(2)
per cent.
100
55 per cent. of annual pay at the date of discharge.
90
50 per cent. of annual pay at the date of discharge.
80
44 per cent. of annual pay at the date of discharge.
70
39 per cent. of annual pay at the date of discharge.
60
33 per cent. of annual pay at the date of discharge.
50
28 per cent. of annual pay at the date of discharge.
40
22 per cent. of annual pay at the date of discharge.
30
17 per cent. of annual pay at the date of discharge.
20
11 per cent. of annual pay at the date of discharge.
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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.
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paragraphs: —(1) In the Second Schedule to the Act of 1923 (which specifies allowances for dependants of certain deceased officers) there shall be substituted—
(a) in paragraph 1, “£151” for “£90” and “£188” for “£120”,
(b) in paragraph 2 and in paragraph 3, “£41 10s.” for “£36” and “£69” for “£60”,
(c) in paragraph 4, “£60” for “£35”, and
(d) in paragraph 5, “£1 14s. 6d.” for “£1 10s.”.
(2) Section 4 of the Army Pensions (Increase) Act, 1949 (No. 28 of 1949), is hereby repealed.
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paragraphs: —In the Third Schedule to the Act of 1923 (which specifies allowances for dependants of certain deceased soldiers) there shall be substituted—
(a) in paragraph 1, “£1 10s. 3d.” for “£1 6s. 3d.” and “£78 10s.” for “£45 10s. 0d.”,
(b) in paragraph 2, “8s. 9d.”, “6s.” and “14s. 9d.” for “5s.”, “3s. 6d.” and “8s. 6d.”, respectively,
(c) in paragraph 3, “£60” for “£35”, and
(d) in paragraph 4, “£1 6s.” for “£1 2s. 6d.”.
num: 8
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: 9
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: 10
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: 11
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: 12
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 23 of the Act of 1953, be whichever of the following is the lesser—
(a) the amount payable to such officer under subsection (2) of the said section 23, increased by the appropriate sum,
(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 this Act.
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paragraphs: —In the Sixth Schedule to the Act of 1927 (which specifies allowances to dependants of certain deceased members of the forces)—
(a) in paragraph 1 of Part I, “£151” and “£188” shall be substituted for “£135” and “£120”, respectively,
(b) in paragraphs 2 and 3 of Part I, “£41 10s.” and “£69” shall be substituted for “£24”, and “£40”, respectively,
(c) in paragraph 4 of Part I, “£60” shall be substituted for “£35”,
(d) in paragraph 1 of Part II, “£1 10s. 3d.” and “£78 10s.” shall be substituted for “£1 6s. 3d.” and “£45 10s.”, respectively,
(e) in paragraph 2 of Part II, “8s. 9d.”, “6s.” and “14s. 9d.” shall be substituted for “5s.”, “3s. 6d.” and “8s. 6d.”, respectively, and
(f) in paragraph 3 of Part II, “£60” shall be substituted for “£35”.
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paragraphs: —(1) The following Parts shall be substituted for Part I and Part II 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
£103 10s. per annum during widowhood.
Widow of major, lieutenant-colonel or commandant
£151 per annum during widowhood.
Widow of colonel or officer of higher rank
£188 per annum during widowhood.
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paragraphs: Widow of officer (any rank)
£188 gratuity on first remarriage.
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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, £31 per annum for each child.
(b) after death of mother, £57 10s. 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.
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paragraphs: Widow
21s. 6d. per week during widowhood.
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paragraphs: Widow
Gratuity of £86 on first remarriage.
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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. per week for each child.
(b) after death of mother, 16s. 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.
(2) Subsection (1) of section 10 of the Act of 1932 is hereby amended by the substitution of “one hundred and thirty pounds” for “seventy-five pounds”.
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paragraphs: —In the Second Schedule to the Act of 1932 (which specifies allowances and gratuities to certain classes of persons)—
(a) in paragraph 1 in Part I, “£116” and “£150” shall be substituted for “£101 5s. 0d.” and “£90”, respectively,
(b) in paragraphs 2 and 3 in Part I, “£31” and “£52” shall be substituted for “£27” and “£45”, respectively,
(c) in paragraph 5 in Part II, “26s.” shall be substituted for “22s. 6d.”.
num: 17
paragraphs: —section 19 of the Act of 1937 (which provides for gratuities to dependants of deceased members of certain organisations) is hereby amended by the substitution, in sub-section (3), of “one hundred and eighty pounds” for “one hundred and twelve pounds and ten shillings”.
num: 18
paragraphs: —(1) Every final pension under section 26 of the Act of 1937 which is payable at the rate of one pound two shillings and sixpence per week shall be payable at the rate of one pound and six shillings per week.
(2) Every final pension under section 26 of the Act of 1937 which is payable at the rate of one pound and ten shillings per week shall be payable at the rate of one pound fourteen 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) there shall be substituted “sixty-nine pounds” for “sixty pounds”.
num: 21
paragraphs: —(1) Every final pension under section 6 of the Act of 1941 which is payable at the rate of one pound two shillings and sixpence per week shall be payable at the rate of one pound and six shillings per week.
(2) Every final pension under section 6 of the Act of 1941 which is payable at the rate of one pound and ten shillings per week shall be payable at the rate of one pound fourteen shillings and sixpence per week.
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paragraphs: —The following Schedule shall be substituted for the Schedule to section 4 of the Act of 1943 (which extends certain provisions of the Act of 1927 to members of the Army Nursing Service):
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paragraphs: —(1) Every final pension under section 6 of the Act of 1943 which is payable at the rate of one pound two shillings and sixpence per week shall be payable at the rate of one pound and six shillings per week.
(2) Every final pension under section 6 of the Act of 1943 which is payable at the rate of one pound and ten shillings per week shall be payable at the rate of one pound fourteen 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 to that Act there were substituted the following :
num: 25
paragraphs: —Section 16 of the Act of 1953 (which provides for an increase of further pensions under sections 2 and 3 of the Act of 1923) is hereby amended by the substitution of “thirty-five per cent.” for “twenty-five per cent.”.
num: 26
paragraphs: —Section 24 of the Act of 1953 (which provides for an increase of married pensions under sections 9 to 13 of the Act of 1927 and section 5 of the Act of 1946) is hereby amended by the substitution of “thirty-five per cent.” for “twenty-five per cent.”.
num: 27
paragraphs: —Where—
(a) a person is in receipt of a disablement pension, and
(b) such person is also in receipt of a Defence Forces pension, and
(c) the aggregate amount of—
(i) the disablement pension, and
(ii) the net amount of the Defence Forces pension
is £450 or less per annum and that aggregate amount would, if the disablement pension were increased under the preceding provisions of this Act, exceed £477 per annum,
then, the disablement pension shall be increased only by such amount as will bring the aggregate amount of the disablement pension and of the net amount of the Defence Forces pension up to £477 per annum.
num: 28
paragraphs: —The preceding provisions of this Part shall not apply to any disablement pension payable to a person discharged from the forces before the 2nd day of April, 1950, the amount of which, either alone or when aggregated with a Defence Forces pension, exceeds £450 per annum.
num: 29
paragraphs: —Where a person discharged from the forces before the 2nd day of April, 1950, is in receipt of a disablement pension the amount of which, either alone or when aggregated with any Defence Forces pension payable to such person, exceeds £450 per annum, then, the disablement pension shall be increased to whichever of the following amounts is the lesser—
(a) the amount of the disablement pension increased by six per cent.,
(b) the amount of the disablement pension which would be payable to such person 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 this Act.
num: 30
paragraphs: —This Part shall be deemed to have come into operation on the 1st day of August, 1956, and the increase in pensions (including further and married pensions), allowances and gratuities provided by this Part shall have effect from that date.
num: 31
paragraphs: —(1) The Act of 1923 is hereby amended by the substitution for section 9 of the following section:
Authority for grant of pensions, etc.
“9.—The authority for the grant of every pension, allowance and gratuity which may be granted under this Act shall be the Minister.”
(2) Section 46 of the Act of 1953 is hereby repealed.
num: 32
paragraphs: —In the case of an officer who is discharged from the forces on or after the date of the passing of this Act and who is entitled on such discharge to a wound pension under the Act of 1923, that Act shall apply to him as if, for the scales of pensions contained in the First Schedule thereto, there were substituted the scales of pensions contained in the Tables to subsection (2) of section 4 of this Act.
num: 33
paragraphs: —(1) Where a person is a qualified person for the purposes of section 7 of the Act of 1943 by reason of—
(a) being a person who was a member of an organisation to which Part II of the Act of 1932 applies, and
(b) having been granted a medal in respect of continuous membership during the period of three months which ended on the 11th day of July, 1921, the Minister being satisfied that it was duly awarded,
and the Minister ceases to be satisfied that the medal was duly awarded, then, that person shall cease to be a qualified person for the purposes of the said section 7 of the Act of 1943 and, if a special allowance is in course of payment to him, the Minister may stop payment thereof.
(2) Where, by virtue of subsection (1) of this section, a person ceases to be a qualified person for the purposes of section 7 of the Act of 1943 and the Minister subsequently becomes satisfied that the medal referred to in paragraph (b) of the said subsection (1) was duly awarded to him, that person shall become a qualified person for the said purposes and section 7 of the Act of 1943 shall again operate to enable a special allowance to be granted to him from such date, not being earlier than the date on which payment of the allowance was stopped under subsection (1) of this section, as the Minister may determine.
(3) This section shall be deemed to have come into operation on the date of the passing of the Act of 1946.
num: 34
paragraphs: —Where, either before or after the passing of this Act, an application for the grant of an allowance under paragraph (c) or paragraph (d) of subsection (1) of section 4 of the Act of 1953 was or is refused by reason of the fact that the applicant should not, in the opinion of the Minister for Finance, be treated, having regard to all the circumstances of the case, as a dependant of the deceased person in respect of whom the application was made, the Minister may from time to time reconsider the application at the request of the applicant and the said section 4 of the Act of 1953 shall operate in relation to every such request in the same manner as if it were the original application.
num: 35
paragraphs: —(1) Where—
(a) an application for the grant of an allowance under Part II of the Act of 1953 was duly made by a relative of a deceased person in respect of whom that Part applies (in this section referred to as such deceased person), and
(b) the applicant dies before a decision on the application is reached, and
(c) the time within which such application may be made has expired,
then, notwithstanding section 6 of the Act of 1953, an application for the grant of an allowance under the said Part II may, not later than twelve months after the death of the deceased applicant or twelve months after the date of the passing of this Act, whichever is the later, be entertained from another relative of such deceased person (being a relative mentioned in section 4 of that Act).
(2) An allowance under Part II of the Act of 1953 which is granted pursuant to an application made by virtue of subsection (1) of this section shall, notwithstanding section 7 of that Act, commence on such date as the Minister may determine but such date shall not be earlier than the date of the passing of the Act of 1953.
num: 36
paragraphs: —The reference in subparagraph (iv) of paragraph (a) of subsection (3) of section 41 of the Act of 1953 to an application made not later than twelve months after the date of the passing of that Act shall be construed as a reference to an application made not later than twelve months after the date of the passing of this Act.
num: 37
paragraphs: —(1) Where a person who had been in receipt of a pension or an allowance (including a special allowance) under the Acts dies after the termination of the last award and before a new award had been made and where a new award would have been made but for the death of such person, the Minister may pay, in respect of such person a gratuity equal to the amount of the pension or allowance which would, at such person's death, have accrued due on foot of the new award.
(2) Where a gratuity in respect of any person may be paid under subsection (1) of this section, such gratuity shall (if granted) be paid—
(a) if such person leaves only one relative, to such relative,
(b) if such person leaves two or more relatives, to such one or more, exclusively of the others or other, of the said relatives as the Minister may appoint, and if such power is exercised in favour of more than one of them, in such shares as the Minister may appoint.
(3) For the purposes of this section, each of the following and no other persons shall be a relative of a deceased person—
(a) his widow,
(b) his son,
(c) his daughter,
(d) his mother,
(e) his father,
(f) his brother,
(g) his sister.
(4) section 12 of the Act of 1949 and section 44 of the Act of 1953 are hereby repealed.
(5) The preceding subsections of this section shall be deemed to have come into operation on and shall have effect on and from the 1st day of November, 1955.
num: 38
paragraphs: —(1) On the occurrence, in the case of a person who is in receipt of a special allowance and who was married before the 1st day of October, 1942, of the death of that person's spouse or child, that person shall, within one month of the date of such occurrence, notify the Minister or cause the Minister to be notified thereof in writing.
(2) Where a person fails to comply with subsection (1) of this section, such person 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 a term not exceeding six months or to both such fine and imprisonment.
(3) Where a person fails to comply with subsection (1) of this section and, as a consequence thereof, moneys to which he was not entitled have been paid to him by way of special allowance, that person or, if he is dead, his personal representative, shall be liable to repay to the Minister on demand such moneys.
(4) Where a person fails to comply with subsection (1) of this section, the amount of any moneys paid to him by way of special allowance in respect of his spouse or child, as the case may be, in respect of a period subsequent to the death of such spouse or child shall be a debt due by such person to the Minister and may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction or by deduction from any moneys payable under or by virtue of the Acts to or in respect of such person.
(5) Notwithstanding anything contained in section 10 of the Petty Sessions (Ireland) Act, 1851, a prosecution for an offence under this section may be brought within six months after the date when evidence to sustain the prosecution came to the notice of the Minister, and a certificate under the hand of the Minister as to the date on which evidence to sustain such prosecution came to his notice shall, for the purposes of this section, be conclusive.
(6) In this section “child” has the same meaning as in section 7 of the Act of 1943.
(7) Section 43 of the Act of 1953 is hereby repealed.
num: 39
paragraphs: —The enactments mentioned in the Seventh Schedule to this Act are hereby amended in the manner indicated in the third column of that Schedule.