Army Pensions Act, 1953

PART II.

Allowances to Relatives of Deceased Persons with Pre-Truce Service.

Application of this Part.

3.—(1) This Part applies in respect of—

(a) every deceased person who was engaged in pre-truce military service and in respect of whom section 7 or section 8 of the Act of 1923 applies;

(b) every deceased person to whom section 14 of the Act of 1927 applies and who was engaged in pre-truce military service and—

(i) who, having served in the forces, died before the 1st day of October, 1927, while serving in the forces or, having been discharged from the forces, died within four years after such discharge and before the 1st day of October, 1927, and whose death was due solely to disease attributable to service in the forces during the period which commenced on the 1st day of April, 1922, and ended on the 30th day of September, 1923, or

(ii) who, not having served in the forces, died before the 11th day of July, 1925, and was a member of the Irish Volunteers or of the Irish Citizen Army and whose death was due solely to disease attributable to his military service in the Irish Volunteers or the Irish Citizen Army (as the case may be), or

(iii) who, having served in the forces, died before the 1st day of October, 1927, while serving in the forces or, having been discharged from the forces, died within four years after such discharge and before the 1st day of October, 1927, and was a member of the Irish Volunteers or of the Irish Citizen Army and whose death was due solely to disease attributable to military service in the Irish Volunteers or the Irish Citizen Army (as the case may be) or to such military service and service in the forces during the period which commenced on the 1st day of April, 1922, and ended on the 30th day of September, 1923;

(c) every deceased person who was a member of an organisation to which Part II of the Act of 1932 applies and—

(i) who was engaged in pre-truce military service and was killed before the 1st day of October, 1923, while engaged in either pre-truce military service or post-truce military service in circumstances attributable to such service, or

(ii) who was engaged in pre-truce military service only and received a wound attributable to such service and died within four years after receiving such wound and whose death was due to such wound, or

(iii) who was engaged in pre-truce military service only and died before the 11th day of July, 1925, and whose death was due to disease attributable to such service, or

(iv) who was engaged in pre-truce military service and in post-truce military service, and

(I) died before the 1st day of October, 1927, from a disease attributable to military service in the period which commenced on the 1st day of April, 1916, and ended on the 30th day of September, 1923, or

(II) died from a wound attributable to military service in the said last-mentioned period but within four years after receiving such wound.

(2) Notwithstanding subsection (1) of this section, this Part shall not apply in respect of a deceased person—

(a) in respect of whom section 3 of the Act of 1937 applies, or

(b) whose death was due to any serious negligence or misconduct on his part.