Army Pensions Act, 1980
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —In this Act—
“the Acts” means the Army Pensions Acts, 1923 to 1973;
“the Act of 1923” means the Army Pensions Act, 1923 ;
“the Act of 1927” means the Army Pensions Act, 1927 ;
“the Act of 1943” means the Army Pensions Act, 1943 ;
“the Act of 1949” means the Army Pensions Act, 1949 ;
“the Act of 1953” means the Army Pensions Act, 1953 ;
“the Act of 1959” means the Army Pensions Act, 1959 ;
“the Act of 1968” means the Army Pensions Act, 1968 .
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paragraphs: —(1) The Minister may grant an allowance of £185 per annum to the widow (provided she has not remarried) of a person who dies (whether before or after the passing of this Act) while in receipt of a special allowance granted under the Act of 1943 or the Act of 1953.
(2) Where a person (whether before or after the passing of this Act)—
(a) applied for the grant of a special allowance and died before such grant could be made,
(b) whose award of a special allowance was being reviewed, died before such review was completed,
(c) whose payment of a special allowance was suspended, died before the restoration of the allowance,
and the Minister is satisfied that, but for the death of that person, he would have complied with the statutory conditions for the grant, further grant or restoration, as the case may be, of a special allowance, the Minister may declare the widow of such person to be a widow to whom subsection (1) of this section applies.
(3) Every allowance granted to a widow under subsection (1) of this section shall be payable from—
(a) the 1st day of July, 1980, or
(b) the day following the date of death of her husband, whichever is the later.
(4) Where (whether before or after the passing of this Act)—
(a) a person dies who, at any time prior to his death, was granted a special allowance under the Act of 1943 or the Act of 1953, and
(b) the special allowance so granted was terminated on the grounds that his yearly means exceeded the appropriate annual sum prescribed in the Acts or in the Army Pensions (Increase) Regulations made thereunder,
the Minister may grant to the widow (provided she has not remarried) an allowance of £185 per annum if her yearly means do not equal or exceed the appropriate annual sum prescribed in the Army Pensions (Increase) Regulations made under the Acts for the award of a special allowance.
(5) Every allowance granted to a widow under subsection (4) of this section shall be payable from such date (being not earlier than the 1st day of July, 1980) as the Minister may determine.
(6) If a widow to whom an allowance is granted under this section remarries, the allowance shall be terminated from the date of her remarriage.
(7) Every application for an allowance under this section shall be in such form and contain such particulars as the Minister may require.
(8) Sections 9 to 12 and section 14 of the Act of 1923, and subsections (1), (2) and (5) of sections 2 and 13 of the Act of 1949, shall apply, in relation to an allowance granted under this section, as if that allowance were an allowance mentioned in any of the said sections.
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paragraphs: —(1) There may be deducted from any allowance payable to a widow under section 2 of this Act, any overpayment of a special allowance which may have been made to the widow's former husband.
(2) Whenever a deduction is to be made from an allowance pursuant to subsection (1) of this section, payment of the allowance may be withheld until the amount of the deduction has been ascertained.
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paragraphs: —Whenever a widow to whom section 2 of this Act applies is qualified for the payment of an allowance under the Acts which would be higher than the allowance payable under the said section 2, no allowance shall be payable to such widow under the said section 2.
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paragraphs: —(1) Where a married officer or a married soldier—
(a) is killed (whether before or after the passing of this Act) in the course of his duty as a member of the forces or in circumstances attributable to his service in the forces, or
(b) receives (whether before or after the passing of this Act) while serving in the forces a wound attributable to such service and dies within four years after receiving such wound in circumstances attributable solely to the wound,
the widow of such officer or soldier (provided she has not remarried) and his children (if any) shall be entitled to an allowance calculated in accordance with subsection (2) of this section.
(2) A widow, who is entitled to an allowance under this section, shall be paid an amount equal to one-half of her husband's annual pay at the date of his death or discharge and every child who is entitled to such an allowance shall be paid an amount equal to—
(a) if his mother is alive, 131/3 per cent of his father's annual pay at the date of his death or discharge,
or
(b) if his mother is dead, 26⅔ per cent of his father's annual pay at the date of his death or discharge:
Provided that the total of the allowances payable in respect of the children in any case shall not exceed forty per cent of the deceased officer's or soldier's, as the case may be, annual pay at the date of his death or discharge.
(3) Where an allowance is granted to a widow or to a child under subsection (1) of this section—
(a) no pension shall be payable to the widow or to the child under the contributory pensions schemes administered by the Minister for the benefit of the widows and children of deceased officers and soldiers and any contributions deducted from the pay of the deceased officer or soldier, as the case may be, under those schemes shall be refunded to the next of kin of such officer or soldier and there shall be no liability under those schemes for lump sum deductions;
(b) no pension shall be payable to the widow or to the child under the ex-gratia pension scheme administered by the Minister for the benefit of the widows and children of deceased soldiers;
(c) no pension shall be payable to the widow or to the child of a deceased officer under Article 20 of the Defence Forces (Pensions) Scheme, 1937;
(d) no allowance shall be payable to the widow or to the child under section 15 (2) of the Act of 1927.
(4) Sections 9 to 14 of the Act of 1923, sections 7, 15 (3) and 21 of the Act of 1927, section 2 of the Act of 1949 and section 13 of the Act of 1959 shall apply to an allowance granted under this section.
(5) In this section—
“child” means a person who is under the age of 16 years or, if such person is pursuing a full-time course of education, a child who is under the age of 21 years.
“annual pay at the date of his death or discharge” means such annual pay as adjusted from time to time and reflected in the Army Pensions (Increase) Regulations made under section 7 of the Act of 1968.
(6) This section shall be deemed to have come into operation on the 1st day of March, 1975.
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paragraphs: —(1) Notwithstanding anything contained in the Acts, any person, to whom a pension, allowance or gratuity could not be granted solely on the grounds that an application was not made within the time limit prescribed in the Acts, may renew his application for such pension, allowance or gratuity, as the case may be, provided that such renewed application is made within twelve months after the passing of this Act.
(2) Any person whose application for a pension, allowance or gratuity under the Acts was refused, before the passing of this Act, on grounds other than the ground that an application was not made within the prescribed time, shall not, by virtue of subsection (1) of this section, be entitled to renew such application.
(3) Notwithstanding anything contained in any other enactment, a pension, allowance or gratuity granted by virtue of this section shall commence from such date as the Minister may determine.
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paragraphs: —(1) Whenever the Minister for the Public Service approves of—
(a) increases in pensions (including further or married pensions) and allowances under the Acts, whether or not the pension or allowance is in course of payment;
(b) increases in any gratuity or appropriate annual sum under the Acts;
(c) the relaxation of conditions for the review or for the grant of pensions, allowances and gratuities under the Acts;
(d) the extension of time limits for the receipt of applications under the Acts;
(e) the introduction of new benefits, whether by way of pensions, allowances or gratuities under the Acts;
(f) any consequential amendments of any of the Acts which are necessary as a result of any provision of regulations under this section;
the Minister may, with the consent of the Minister for the Public Service, make regulations providing for the appropriate provisions.
(2) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which the House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything done thereunder.
(3) Regulations under this section may be deemed to commence from such date (not being earlier than the 2nd day of December, 1974) as the Minister may determine.
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paragraphs: —(1) Section 3 (4) of the Act of 1968 is hereby repealed.
(2) Subsection (1) of this section shall be deemed to have come into operation on the 11th day of June, 1968.
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paragraphs: —(1) This Act may be cited as the Army Pensions Act, 1980.
(2) The Army Pensions Acts, 1923 to 1973, and this Act may be cited together as the Army Pensions Acts, 1923 to 1980.
Acts Referred to
Army Pensions Act, 1923
1923, No. 26
Army Pensions Act, 1927
1927, No. 12
Army Pensions Act, 1943
1943, No. 14
Army Pensions Act, 1949
1949, No. 19
Army Pensions Act, 1953
1953, No. 23
Army Pensions Act, 1959
1959, No. 15
Army Pensions Act, 1968
1968, No. 12
Army Pensions Act, 1923 to 1973