Army Pensions Act, 1949

Construction of subsection (2) of section 10 of the Act of 1927.

4.—(1) For the purposes of subsection (2) of section 10 of the Act of 1927, a soldier, to whom a pension is granted under subsecion (1) of the said section 10 and who was discharged from the forces on or after the 3rd day of September, 1939 (whether before or after the passing of this Act), shall be deemed to have been in receipt of marriage allowance as a married soldier at the date of his discharge—

(a) if he was, while on indefinite leave, discharged from the forces and was, immediately before the date on which he proceeded on such indefinite leave, in receipt of marriage allowance as a married soldier, or

(b) if, at the date of his discharge and notwithstanding that his wife was then dead, children's allowance was payable under Defence Force regulations in respect of any child of his.

(2) Subsection (1) of this section shall be deemed to have come into operation on, and shall have effect as on and from, the 3rd day of September, 1939.