Army Pensions Act, 1923

Allowances may be granted to dependants of certain other deceased persons.

8.—(1) If the Minister certifies that any person who was killed before the 1st day of April, 1922, or who has received a wound before the 1st day of April, 1922, and has or shall have died within three years after having received such wound, was at the time he was killed or received such wound a member of the Irish Volunteers or of the Irish Citizen Army and was killed or received such wound while performing his duty as such member, and if either the killing of such person was not due to any serious negligence or misconduct on his part, or his death was solely due to such wound as the case may be, the like allowances and gratuities may be granted to the widow, children, dependants or partial dependants of such person as could have been granted to them if such person was an officer or soldier of the forces and had been killed or had received the wound on or after the 1st day of April, 1922.

(2) For the purpose of determining the date on which any allowance under this section is to commence, the person in respect of whom the same is payable shall, if he was killed, be deemed to have been killed on the 1st day of April, 1922, and if he died before the 1st day of April, 1922, consequent on a wound be deemed to have died on the 1st day of April, 1922.

(3) For the purpose of determining the amount of any allowance which may be granted under this section, the deceased person in respect of whom the same is granted shall be deemed to have held in the forces the rank which shall be certified by the Minister to correspond most closely to the rank held by such person in the Irish Volunteers or the Irish Citizen Army (as the case may be): Provided, however, that all such persons killed during the rising of April and May, 1916, shall be deemed to rank as officers.

(4) In this section the word “killed” shall include death as an immediate result of refusing to take nourishment while detained in prison, and death by violence while a prisoner.