Military Service Pensions (Amendment) Act, 1953
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Termination of suspensions which may be made in or by reference to pensions. |
7.—(1) Subsection (1) of section 8 of the Act of 1924 and subsection (1) of section 20 of the Act of 1934 are hereby repealed. | |
(2) (a) A pension under the Act of 1924 or the Act of 1934 shall be disregarded— | ||
(i) in determining whether a suspending provision applies in relation to the pensioner, and | ||
(ii) if it is determined that that provision applies in relation to him, in that application. | ||
(b) In paragraph (a) of this subsection “suspending provision” means a provision which is made by or under statute and under which the receipt of a pension under the Act of 1924 or the Act of 1934 affects to the detriment of the pensioner qualification for or the receipt or amount of another payment. | ||
(c) Nothing in this subsection shall affect— | ||
(i) section 7 of the Army Pensions Act, 1943 (No. 14 of 1943), or any joint directions under subsection (9) of that section, or | ||
(ii) section 77 , section 105 or section 106 of the Social Welfare Act, 1952 (No. 11 of 1952), or the Seventh Schedule to that Act, or | ||
(iii) any provision which is made by or under statute and which prohibits the reckoning of the same period of time both for the purposes of a pension under the Act of 1924 or the Act of 1934 and also for the purposes of any other pension or any superannuation allowance, retired pay, gratuity, lump sum or other superannuation payment. | ||
(3) This section shall have effect as on and from the 1st day of January, 1953. |