Army Pensions Act, 1980

Allowances to widows of persons granted special allowances.

2.—(1) The Minister may grant an allowance of £185 per annum to the widow (provided she has not remarried) of a person who dies (whether before or after the passing of this Act) while in receipt of a special allowance granted under the Act of 1943 or the Act of 1953.

(2) Where a person (whether before or after the passing of this Act)—

(a) applied for the grant of a special allowance and died before such grant could be made,

(b) whose award of a special allowance was being reviewed, died before such review was completed,

(c) whose payment of a special allowance was suspended, died before the restoration of the allowance,

and the Minister is satisfied that, but for the death of that person, he would have complied with the statutory conditions for the grant, further grant or restoration, as the case may be, of a special allowance, the Minister may declare the widow of such person to be a widow to whom subsection (1) of this section applies.

(3) Every allowance granted to a widow under subsection (1) of this section shall be payable from—

(a) the 1st day of July, 1980, or

(b) the day following the date of death of her husband, whichever is the later.

(4) Where (whether before or after the passing of this Act)—

(a) a person dies who, at any time prior to his death, was granted a special allowance under the Act of 1943 or the Act of 1953, and

(b) the special allowance so granted was terminated on the grounds that his yearly means exceeded the appropriate annual sum prescribed in the Acts or in the Army Pensions (Increase) Regulations made thereunder,

the Minister may grant to the widow (provided she has not remarried) an allowance of £185 per annum if her yearly means do not equal or exceed the appropriate annual sum prescribed in the Army Pensions (Increase) Regulations made under the Acts for the award of a special allowance.

(5) Every allowance granted to a widow under subsection (4) of this section shall be payable from such date (being not earlier than the 1st day of July, 1980) as the Minister may determine.

(6) If a widow to whom an allowance is granted under this section remarries, the allowance shall be terminated from the date of her remarriage.

(7) Every application for an allowance under this section shall be in such form and contain such particulars as the Minister may require.

(8) Sections 9 to 12 and section 14 of the Act of 1923, and subsections (1), (2) and (5) of sections 2 and 13 of the Act of 1949, shall apply, in relation to an allowance granted under this section, as if that allowance were an allowance mentioned in any of the said sections.