Army Pensions Act, 1949

Amendment of sections 14 and 15 of, and the Seventh Schedule to, the Act of 1927.

6.—(1) Where—

(a) a soldier was, while on indefinite leave, discharged from the forces, and

(b) such soldier was, immediately before the date on which he proceeded on such indefinite leave, in receipt of marriage allowance as a married soldier, and

(c) such soldier died and was immediately before his death in receipt of a pension granted to him under section 10 of the Act of 1927,

such soldier shall, for the purposes of paragraph (d) of subsection (2) of section 14 of the Act of 1927, be deemed to have been in receipt of a married pension under the Act of 1927 immediately before his death, and, for the purposes of subsection (6) of the said section 14, be deemed to have been in receipt of marriage allowance as a married soldier immediately before his discharge.

(2) For the purposes of subsection (6) of section 14 of the Act of 1927—

(a) a person, to whom, by virtue of paragraph (a) of subsection (2) of the said section 14, the said subsection (2) applies and who died 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 time of his death if, at that time and notwithstanding that his wife predeceased him, children's allowance was payable under Defence Force regulations in respect of any child of his;

(b) a person, to whom, by virtue of paragraph (b) of subsection (2) of section 14 of the Act of 1927, the said subsection (2) applies 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 immediately before his discharge if, immediately before his discharge if, immediately before 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.

(3) For the purposes of subsection (4) of section 15 of the Act of 1927—

(a) a person to whom, by virtue of paragraph (a) of subsection (2) of the said section 15, the said subsection (2) applies and who was killed 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 time of his death if, at that time and notwithstanding that his wife had predeceased him, children's allowance was payable under Defence Force regulations in respect of any child of his;

(b) a person to whom, by virtue of paragraph (b) or (c) of subsection (2) of the said section 15, the said subsection (2) applies and who received a wound attributable to his service in 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 time he received such wound if, at that time and notwithstanding that his wife was then dead, children's allowance was payable under Defence Force regulations in respect of any child of his.

(4) Sections 14 and 15 of the Act of 1927 shall, in their application in respect of a deceased officer or soldier, have effect as if—

(a) in Part I of the Seventh Schedule to the Act of 1927, the following paragraph were substituted for paragraph 3—

“3. 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, £16 per annum for each child,

(b) after death of mother, £30 per annum for each child”;

(b) in Part II of the said Seventh Schedule, the following paragraph were substituted for paragraph 2—

“2. 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, 4s. per week for each child,

(b) after death of mother, 8s. per week for each child.”

(5) Subsections (1), (2), and (3) 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.