Army Pensions Act, 1946
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Amendment of section 5 of the Act of 1943. |
10.—(1) The following subsection shall be substituted for subsection (5) (which amends sections 14 and 15 of the Act of 1927) of section 5 of the Act of 1943, that is to say:— | |
“(5) Sections 14 and 15 of the Act of 1927 shall be construed as if there were added to the Seventh Schedule to the Act of 1927 the following two new Parts:— | ||
PART III. | ||
Officers. | ||
1. For the purposes of this Part of this Schedule each of the following and no other persons shall be deemed to be a dependant of a deceased officer:— | ||
(a) his mother, | ||
(b) his father, if over sixty years of age or incapacitated by ill-health, | ||
(c) his permanently invalided brother, | ||
(d) his permanently invalided and, unmarried sister, | ||
(e) his grandfather, | ||
(f) his grandmother. | ||
2.—(1) Where, in the opinion of the Minister, there is one dependant, and no more, who was wholly dependent on a deceased officer, an allowance shall be payable to that dependant. | ||
(2) Where, in the opinion of the Minister, there are two or more dependants who were wholly dependent on a deceased officer, an allowance shall be payable to each of those dependants. | ||
3.—(1) Where— | ||
(a) no allowance is payable under paragraph 2 of this Part, and | ||
(b) there is, in the opinion of the Minister, one dependant and no more who was mainly dependent on a deceased officer, | ||
an allowance shall be payable to that dependant. | ||
(2) Where— | ||
(a) no allowance is payable under paragraph 2 of this Part, and | ||
(b) there are in the opinion of the Minister two or more dependants who were mainly dependent on a deceased officer, | ||
one allowance and no more shall be payable in respect of the deceased officer and such allowance shall be payable to such one of the said dependants as the Minister considers, having regard to all the circumstances, is the person to whom it should be paid. | ||
4.—(1) Where— | ||
(a) no allowance in respect of a deceased officer is payable under paragraph 2 or paragraph 3 of this Part, and | ||
(b) there is one dependant and no more of such deceased officer, | ||
a gratuity may be granted to that dependant. | ||
(2) Where— | ||
(a) no allowance in respect of a deceased officer is payable under paragraph 2 or paragraph 3 of this Part, and | ||
(b) there are two or more dependants of such deceased officer, | ||
a gratuity may be payable in respect of such deceased officer and such gratuity shall be payable to such one or more, exclusively of the others or other, of the said dependants as the Minister may appoint and, if such power is exercised in favour of more than one of them, in such shares as the Minister may appoint. | ||
5.—(1) Where any dependant was wholly or mainly dependent on more than one deceased person, such dependant shall not receive, in respect of such deceased persons, allowances exceeding in the whole the maximum allowance which could be granted to such dependant under this Schedule in respect of any one of such deceased persons. | ||
(2) Whenever a person is a dependant of more than one deceased person, such person shall not receive, in respect of such deceased persons, gratuities exceeding in the whole the maximum gratuity which could be granted to such person under this Schedule in respect of any one of such deceased persons. | ||
(3) In this paragraph the expression ‘deceased person’ includes a deceased officer as well as a deceased soldier. | ||
6. An allowance under this Part of this Schedule shall be an annual sum of £52, and a gratuity under this Part of this Schedule shall be such lump sum (not exceeding £112 10s. 0d.) as the Minister may determine. | ||
PART IV. | ||
Soldiers. | ||
1. For the purposes of this Part of this Schedule each of the following and no other persons shall be deemed to be a dependant of a deceased soldier— | ||
(a) his mother, | ||
(b) his father, if over sixty years of age or incapacitated by ill-health, | ||
(c) his permanently invalided brother, | ||
(d) his permanently invalided and unmarried sister, | ||
(e) his grandfather, | ||
(f) his grandmother. | ||
2.—(1) Where, in the opinion of the Minister, there is one dependant and no more who was wholly dependent on a deceased soldier, an allowance shall be payable to that dependant. | ||
(2) Where, in the opinion of the Minister, there are two or more dependants who were wholly dependent on a deceased soldier, an allowance shall be payable to each of those dependants. | ||
3.—(1) Where— | ||
(a) no allowance is payable under paragraph 2 of this Part, and | ||
(b) there is, in the opinion of the Minister, one dependant and no more who was mainly dependent on a deceased soldier, | ||
an allowance shall be payable to that dependant. | ||
(2) Where— | ||
(a) no allowance is payable under paragraph 2 of this Part, and | ||
(b) there are, in the opinion of the Minister, two or more dependants who were mainly dependent on a deceased soldier, | ||
one allowance and no more shall be payable in respect of the deceased soldier and such allowance shall be payable to such one of the said dependants as the Minister considers, having regard to all the circumstances, is the person to whom it should be paid. | ||
4.—(1) Where— | ||
(a) no allowance in respect of a deceased soldier is payable under paragraph 2 or paragraph 3 of this Part, and | ||
(b) there is one dependant and no more of such deceased soldier, | ||
a gratuity may be granted to that dependant. | ||
(2) Where— | ||
(a) no allowance in respect of a deceased soldier is payable under paragraph 2 or paragraph 3 of this Part, and | ||
(b) there are two or more dependants of such deceased soldier, | ||
a gratuity may be payable in respect of such deceased soldier and such gratuity shall be payable to such one or more, exclusively of the others or other, of the said dependants as the Minister may appoint and, if such power is exercised in favour of more than one of them, in such shares as the Minister may appoint. | ||
5.—(1) Where any dependant was wholly or mainly dependent on more than one deceased person, such dependant shall not receive, in respect of such deceased persons, allowances exceeding in the whole the maximum allowance which could be granted to such dependant under this Schedule in respect of any one of such deceased persons. | ||
(2) Whenever a person is a dependant of more than one deceased person, such person shall not receive, in respect of such deceased persons, gratuities exceeding in the whole the maximum gratuity which could be granted to such person under this Schedule in respect of any one of such deceased persons. | ||
(3) In this paragraph the expression ‘deceased person’ includes a deceased officer as well as a deceased soldier. | ||
6. An allowance under this Part of this Schedule shall be an annual sum of £26, and a gratuity under this Part of this Schedule shall be such lump sum (not exceeding £112 10s. 0d.) as the Minister may determine.” | ||
(2) Every application for a gratuity under subsection (2) of section 14 or subsection (2) of section 15 of the Act of 1927, as amended by this section, shall be made— | ||
(a) in case the person in respect of whom the gratuity is claimed died before the operative date, within twelve months after the operative date; | ||
(b) in case such person died on or after the operative date, within twelve months after the date of his death. | ||
(3) Subsection (8) of section 5 of the Act of 1943 is hereby amended by the insertion of the words “or gratuity” after the word “allowance”. |