Army Pensions Act, 1953

Restrictions on increase of pension.

37.—(1) In this section—

the expression “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;

the expression “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) The provisions of this Part shall not apply to any disablement pension which under the Acts is payable at the rate of £450 a year or any higher rate.

(3) Where under any of the provisions of this Act a disablement pension would, but for this subsection, be increased to an amount exceeding £450 per annum, the disablement pension shall, subject to subsections (4) and (5) of this section, be increased to £450 per annum and no more.

(4) 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 per annum or more,

then, no increase of the disablement pension shall be made under this Act.

(5) 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 less than £450 per annum, and

(d) the said aggregate amount would, if the disablement pension were increased under the provisions of this Act, exceed £450 per annum,

then, the disablement pension shall be increased only by such amount under this Act as will bring the aggregate amount of the disablement pension and of the net amount of the Defence Forces pension up to £450 per annum.