Army Pensions Act, 1968

Allowances to certain widows and children (wound or disability pension or pension to which section 7 of the Act of 1962 applies).

3.—(1) Where—

(a) a person dies while in receipt of a wound pension or a disability pension under the Acts or a pension to which section 7 of the Act of 1962 applies,

(b) the pension payable to that person at the time of his death was based on a degree of disablement of not less than fifty per cent, and

(c) that person was at the time of his death a married man for the purposes of the Acts,

notwithstanding anything contained in the Acts and irrespective of whether or not that person's death was due solely to the disablement in respect of which the pension was granted, the Minister may grant to the widow (provided she has not remarried) and children of that person the appropriate allowances under the Acts, as amended by this Act.

(2) Where a person died before the passing of this Act and the conditions specified in subsection (1) (a), (1) (b) and (1) (c) were satisfied in his case then, notwithstanding anything contained in the Acts, and irrespective of whether or not that person's death was due solely to the disablement in respect of which the pension was granted, the Minister may grant to the widow (provided she has not remarried) and children of that person the appropriate allowances under the Acts, as amended by this Act.

(3) An allowance shall not be granted under this section in respect of a deceased person whose death was due to serious negligence or misconduct on his part.

(4) Every application for an allowance under this section shall be made—

(a) in the case of a person mentioned in subsection (2) not later than twelve months after the date of the passing of this Act,

(b) in any other case, not later than twelve months after the relevant death.

(5) Section 5 of the Act of 1959, in so far as it relates to a person to whom section 14 (2) (d), section 15 (1) (d) or section 15 (2) (d) of the Act of 1927 applies, is hereby repealed.