Army Pensions Act, 1949

Gratuities to relatives of certain deceased persons.

12.—(1) Where—

(a) the Minister has informed the Minister for Finance that he proposes to grant a pension or allowance (including a special allowance) under the Acts to a person, and

(b) such person dies before the Minister for Finance has consented to the proposed grant,

the Minister may, with the consent of the Minister for Finance, pay, in respect of such person, a gratuity not exceeding the amount which would at such person's death have accrued due on foot of the proposed pension or allowance, if the Minister for Finance had consented to the grant thereof on the date on which the Minister informed him of the proposal to grant it.

(2) Where—

(a) the Minister has informed the Minister for Finance that he proposes to grant a gratuity under the Acts to a person, and

(b) such person dies before the Minister for Finance has consented to the proposed grant,

the Minister may, with the consent of the Minister for Finance, pay in respect of such person a gratuity not exceeding the amount which would have been payable on foot of the proposed gratuity, if the Minister for Finance had consented to the grant thereof on the date on which the Minister informed him of the proposal to grant it.

(3) Where a gratuity in respect of any person may be paid under subsection (1) or (2) of this section, such gratuity shall (if granted) be paid—

(a) if such person leaves only one relative, to such relative,

(b) if such person leaves two or more relatives, to such one or more, exclusively of the others or other, of the said relatives 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.

(4) For the purposes of this section, each of the following and no other persons shall be a relative of a deceased person—

(a) his widow,

(b) his son,

(c) his daughter,

(d) his mother,

(e) his father,

(f) his brother,

(g) his sister.

(5) The preceding subsections of this section shall be deemed to have come into operation on and shall have effect as on and from the 1st day of January, 1947.