Army Pensions Act, 1932

Definitions and interpretation of this Part.

5.—(1) A person shall for the purposes of this Part of this Act be deemed to have been engaged in military service when, but only when, he was on duty as a member of an organisation to which this Part of this Act applies, or was under arrest as a result of his activities as such member, or being such member was evading capture or pursuit by the armed forces of the British Government or of the Government of Saorstát Eireann or of the Provisional Government or of the Government of Northern Ireland, or being such member was detained in a prison or ship, or an internment camp by or by order of any of the said Governments, and the expression “military service” shall, in this Part of this Act, be construed accordingly.

(2) In this Part of this Act—

the expression “pre-truce military service” means military service during any part of the period beginning on the 1st day of April, 1916, and ending on the 11th day of July, 1921;

the expression “post-truce military service” means military service during any part of the period beginning on the 12th day of July, 1921, and ending on the 30th day of September, 1923 ;

the word “killed” includes (in addition to the matters included therein by the Acts of 1923 and 1927) death as an immediate result of refusing to take nourishment while detained in prison and death by violence while a prisoner.

(3) Notwithstanding anything contained in the foregoing sub-sections of this section, a person who was engaged in military service before the 1st day of October, 1923, and who, at any time during the period beginning on the 1st day of October, 1923 and ending on the 30th day of September, 1924, received a wound or contracted a disease while refusing to take nourishment in prison, or undergoing imprisonment, or evading capture or arrest shall, for the purposes of this Part of this Act, be deemed to have been engaged in post-truce military service at the time he received such wound or contracted such disease.