Army Pensions Act, 1957

Obligation to notify Minister of certain occurrences.

38.—(1) On the occurrence, in the case of a person who is in receipt of a special allowance and who was married before the 1st day of October, 1942, of the death of that person's spouse or child, that person shall, within one month of the date of such occurrence, notify the Minister or cause the Minister to be notified thereof in writing.

(2) Where a person fails to comply with subsection (1) of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(3) Where a person fails to comply with subsection (1) of this section and, as a consequence thereof, moneys to which he was not entitled have been paid to him by way of special allowance, that person or, if he is dead, his personal representative, shall be liable to repay to the Minister on demand such moneys.

(4) Where a person fails to comply with subsection (1) of this section, the amount of any moneys paid to him by way of special allowance in respect of his spouse or child, as the case may be, in respect of a period subsequent to the death of such spouse or child shall be a debt due by such person to the Minister and may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction or by deduction from any moneys payable under or by virtue of the Acts to or in respect of such person.

(5) Notwithstanding anything contained in section 10 of the Petty Sessions (Ireland) Act, 1851, a prosecution for an offence under this section may be brought within six months after the date when evidence to sustain the prosecution came to the notice of the Minister, and a certificate under the hand of the Minister as to the date on which evidence to sustain such prosecution came to his notice shall, for the purposes of this section, be conclusive.

(6) In this section “child” has the same meaning as in section 7 of the Act of 1943.

(7) Section 43 of the Act of 1953 is hereby repealed.