Army Pensions Act, 1959

Amendment of section 4 (1) of the Act of 1953.

8.—(1) There shall be inserted in subsection (1) of section 4 of the Act of 1953, the following two new paragraphs—

“(aa) grant to such one permanently invalided son of such deceased person, as the Minister may direct, an annual allowance of £125, provided the permanent invalidism of such son existed before he attained the age of 18 years;

(ab) grant to such one permanently invalided daughter of such deceased person, as the Minister may direct, provided such daughter is unmarried or a widow, an annual allowance of £125, while she remainsi unmarried or a widow (as the case may be) and provided the permanent invalidism of such daughter existed before she attained the age of 21 years.”

and Part II of the Act of 1953 and section 35 of the Act of 1957 shall, subject to subsection (2) of this section, have effect accordingly.

(2) (a) In this subsection, “child's allowance” means an allowance under paragraph (aa) or (ab) (inserted by subsection (1) of this section) of subsection (1) of section 4 of the Act of 1953.

(b) Where the permanent invalidism of an applicant for a child's allowance was the result of an act or omission for which another person was allegedly responsible and such other person has (whether with or without admission of liability) paid compensation therefor to the applicant, the Minister may, if in his opinion the circumstances so warrant, either refuse the application or, if he grants it, reduce the allowance by such amount as he thinks proper.

(c) Where a child's allowance is granted—

(i) the allowance shall commence on such date (not earlier than the operative date) as the Minister may determine,

(ii) neither subsection (2) of section 7 of the Act of 1953 nor subsection (2) of section 35 of the Act of 1957 shall apply to the commencement of the allowance.