Army Pensions Act, 1932

Grant of allowances and gratuities to certain classes of persons.

12.—(1) The Minister may, on account of the death of a person to whom this section applies, do either but not both of the following things, that is to say:—

(a) if the widow of such person has not re-married before the passing of this Act, grant to the widow and children of such person the several allowances and gratuities specified in Part I. of the Second Schedule to this Act, or

(b) grant to such one or more as the Minister shall determine of the dependants mentioned in Part II. of the Second Schedule to this Act of such person such allowance or gratuity as is mentioned in the said Part II.

(2) The rules contained in Part III. of the Second Schedule to this Act shall have effect in relation to allowances and gratuities granted under the immediately preceding sub-section.

(3) This section applies to every person who was a member of an organisation to which this Part of this Act applies and who complied with one of the following conditions, that is to say:—

(a) such person was killed while engaged in military service and was so killed in circumstances attributable to such service; or

(b) such person was engaged in pre-truce military service only and received a wound attributable to such service and died within four years after receiving such wound and his death was due to such wound; or

(c) such person was engaged in pre-truce military service only and died before the 11th day of July, 1925 and his death was due to disease attributable to such service; or

(d) such person was engaged in post-truce military service (either in addition to or without pre-truce military service) and died from a wound or disease attributable to such service.

(4) Where—

(a) a deceased member of an organisation to which this Part of this Act applies was engaged in post-truce military service (either in addition to or without pre-truce military service) and died (whether before or after the passing of this Act) from a wound or disease attributable to such service, and

(b) such member leaves a widow, and

(c) the marriage of such widow to such member took place, in case his death was due to a wound, after the date of such wound or, in case his death was due to disease, after the 1st day of October, 1928,

the following provisions shall have effect, that is to say:—

(i) no allowance or gratuity shall be granted under sub-section (1) of this section to any person on account of the death of such member, and

(ii) in case such member dies after the passing of this Act and was not granted a pension in respect of such wound or disease under this Part of this Act, or died before the passing of this Act, the Minister may on account of the death of such member grant to the widow or children of such member a gratuity of one hundred and twelve pounds and ten shillings.

(5) Where—

(a) a deceased member of an organisation to which this Part of this Act applies was engaged in post-truce military service (either in addition to or without pre-truce military service) and dies after the passing of this Act from a wound or disease attributable to such service, and

(b) such member was granted a pension in respect of such wound or disease under this Part of this Act,

no allowance or gratuity shall be granted under sub-section (1) of this section to any person on account of the death of such member.