Army Pensions Act, 1959

Amendment of section 14 (1) and section 15 (1) of and the Sixth Schedule to the Act of 1927.

3.—(1) Notwithstanding anything contained in section 8 or 9 of Part 1 of the Sixth Schedule to the Act of 1927, an allowance may be granted under paragraph (ii) of subsection (1) of section 14 of the Act of 1927 or under subsection (1) of section 15 of the Act of 1927 to the widow or child of a deceased officer, whether such widow or child was or was not wholly or partially dependent on such deceased officer at the date of his death.

(2) Notwithstanding anything contained in section 7 or 8 of Part II of the Sixth Schedule to the Act of 1927, an allowance may be granted under paragraph (ii) of subsection (1) of section 14 of the Act of 1927 or under subsection (1) of section 15 of the Act of 1927 to the widow or child of a deceased soldier, whether such widow or child was or was not wholly or partially dependent on such deceased soldier at the date of his death.

(3) Where an allowance is granted by virtue of subsection (1) of this section, to the widow or child of a deceased officer or, by virtue of subsection (2) of this section, to the widow or child of a deceased soldier—

(a) the allowance shall commence on—

(i) in case the officer or soldier died before the operative date—the operative date, or

(ii) in case the officer or soldier died on or after the operative date—such date (not earlier than the date of his death) as the Minister may determine,

(b) neither subsection (8) of section 14 of the Act of 1927 nor subsection (5) of section 15 of the Act of 1927 shall apply in relation to the commencement of the allowance.

(4) Notwithstanding anything contained in the Acts, an application for the grant of an allowance, which may be granted by virtue of subsection (1) or (2) of this section, may be made not later than twelve months after the operative date.

(5) Where before the operative date a gratuity has been granted, under paragraph (i) of subsection (1) of section 14 of the Act of 1927, to the widow of a deceased person, then, notwithstanding anything contained in the said subsection (1), an allowance may be granted under paragraph (ii) of the said subsection (1) to such widow, and if the allowance is granted to her, then, the amount paid in respect of the gratuity shall be treated as an advance on foot of the allowance.