Army Pensions Act, 1927
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Disability pensions in certain special cases. |
13.—(1) Any person who is certified by the Minister to have been a member of the Irish Volunteers or of the Irish Citizen Army and is at the date of his examination by the Army Pensions Board suffering from a disablement caused by 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, 1924, may, if the degree of his disablement is at the date of his examination by the Army Pensions Board not less than the minimum degree of disablement, be granted a disability pension at the following rate, that is to say:— | |
(a) if he did not serve in the forces or if he served in the forces and was discharged therefrom before the 1st day of October, 1924, at the rate mentioned in the appropriate column of the Second Schedule to this Act opposite to the appropriate degree of disablement mentioned in the first column of that Schedule, or | ||
(b) if he served in the forces and was discharged therefrom on or after the 1st day of October, 1924, at the rate specified in those provisions of the Third Schedule to this Act which are applicable to his case. | ||
(2) If a person to whom a pension is granted under this section was married before the 1st day of July, 1922, and is at the date of the commencement of such pension a married man for the purposes of this Act then he shall for so long after such commencement as he continues to be a married man for the purpose of this Act be entitled to be paid and receive a married pension either (as the case may require) at the rate mentioned in the appropriate column of the Second Schedule to this Act opposite to the appropriate degree of disablement mentioned in the first column of that Schedule or at the rate specified in those provisions of the Third Schedule to this Act which are applicable to his case. | ||
(3) Every pension granted under this section shall commence from such date, not being earlier than the 16th day of December, 1926, as the Minister having regard to all the circumstances of the case shall determine. | ||
(4) For the purpose of determining in the case of a person who did not serve in the forces whether a disability pension granted to such person under this section and the married pension (if any) payable to him under this section are to be paid at the rates appropriate to an officer or at the rates appropriate to a soldier, the Minister shall determine, having regard to the position actually held by such person in the Irish Volunteers or the Irish Citizen Army (as the case may be), whether such person was an officer or was a soldier and such determination shall be final and conclusive for the purposes aforesaid. |