Army Pensions Act, 1959

Restrictions on grant of further and married pensions.

12.—(1) Where a wound pension is granted under the Acts to a person who served in the forces and who is a married man for the purposes of whichever of the provisions of the Acts relates to the grant of such wound pension, then, a further pension or a married pension shall not be granted to him unless either—

(a) the woman who is his wife at the date of the commencement of the wound pension was married to him before the date on which he received the wound in respect of which the wound pension is granted, or

(b) he has a child living (being the child of a marriage contracted before he received the said wound) who, in case he was an officer, is a son under the age of eighteen years or a daughter under the age of twenty-one years or, in case he was a soldier, is a son under the age of sixteen years or a daughter under the age of eighteen years.

(2) Where a disability pension is granted under the Acts to a person who served in the forces and who is a married man for the purposes of whichever of the provisions of the Acts relates to the grant of such disability pension, then, a further pension or a married pension shall not be granted to him unless either—

(a) the woman who is his wife at the date of the commencement of the disability pension was married to him before the date of his discharge from the forces, or

(b) he has a child living (being the child of a marriage contracted before the date of his discharge from the forces) who, in case he was an officer, is a son under the age of eighteen years or a daughter under the age of twenty-one years or, in case he was a soldier, is a son under the age of sixteen years or a daughter under the age of eighteen years.

(3) Neither subsection (1) nor subsection (2) of this section shall be construed as affecting the operation of subsection (2) of section 39 of the Act of 1953.