Army Pensions Act, 1959

Construction of section 14 (2) (d) and section 15 (2) (d) of the Act of 1927.

4.—(1) This section applies to a deceased person—

(a) who served in the Forces, and

(b) who was granted a pension and

(c) who was also granted a married pension at either a rate set out in the First Schedule to the Act of 1946 or a rate set out in Part III of the First Schedule to the Act of 1949, and

(d) who, by reason of the death of his wife and of the fact that there were no children of his marriage in respect of whom a married pension was payable, was not in receipt of a married pension at the date of his death, and

(e) who—

(i) if the pension granted to him was a wound pension—had at the date of his death a child living (being the child of a marriage contracted before he received the wound in respect of which the pension was granted) who, in case he was an officer, was a son under the age of eighteen years or a daughter under the age of twenty-one years or, in case he was a soldier, was a son under the age of sixteen years or a daughter under the age of eighteen years, or

(ii) if the pension granted to him was a disability pension—had at the date of his death a child living (being the child of a marriage contracted before his discharge from the forces) who, in case he was an officer, was a son under the age of eighteen years or a daughter under the age of twenty-one years or, in case he was a soldier, was a son under the age of sixteen years or a daughter under the age of eighteen years.

(2) A deceased person to whom this section applies shall, for the purposes of the following provisions of the Act of 1927, namely, paragraph (d) of subsection (2) of section 14 and paragraph (d) of subsection (2) of section 15, be deemed to have been in receipt of a married pension at the date of his death.

(3) Any allowances granted by virtue of the amendments effected by subsection (2) of this section shall not be paid from a date earlier than the operative date.