Army Pensions Act, 1937

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Further amendment of section 12 of the Act of 1932.

19.—(1) Section 12 of the Act of 1932 shall (in addition to the persons to whom the said section applies by virtue of paragraphs (a) (b) and (c) of sub-section (3) of the said section) also apply to every person who was a member of an organisation to which Part II of the Act of 1932 applies and who complied with one of the following conditions, that is to say:—

(a) such person was engaged in post-truce military service (either in addition to or without pre-truce military service) and died before the date of the passing of this Act from—

(i) a wound attributable to pre-truce military service or post-truce military service, or

(ii) a disease attributable to pre-truce military service or post-truce military service or pre-truce military service and post-truce military service;

(b) such person died while engaged in military service from a disease not attributable to military service, and so died either while a member of an Active Service Unit or while detained in a prison or ship or an internment camp.

(2) Where—

(a) a deceased member of an organisation to which Part II of the Act of 1932 applies was engaged in post-truce military service (either in addition to or without pre-truce military service), and

(b) such member died before the date of the passing of this Act, and

(c) such member died from either—

(i) a wound attributable to pre-truce military service or post-truce military service, or

(ii) a disease attributable to pre-truce military service or post-truce military service or pre-truce military service and post-truce military service, and

(d) such member leaves a widow, and

(e) the marriage of such widow to such member took place, in case his death was due to a wound, after the date on which he received such wound or, in case his death was due to disease, after the 1st day of October, 1928,

the following provisions shall have effect, that is to say:—

(i) no allowance or gratuity shall be granted under sub-section (1) of section 12 of the Act of 1932 to any person on account of the death of such member, and

(ii) in case such person died on or after the 10th day of December, 1932, and was not granted a pension in respect of such wound or disease under Part II of the Act of 1932, or died before the 10th day of December, 1932, the Minister, with the consent of the Minister for Finance, may on account of the death of such member grant to the widow or children of such member a gratuity of one hundred and twelve pounds and ten shillings.

(3) Where—

(a) a deceased member of an organisation to which Part II of the Act of 1932 applies was engaged in post-truce military service (either in addition to or without pre-truce military service), and

(b) such member died on or after the 10th day of December, 1932, and

(c) such member died either from—

(i) a wound attributable to pre-truce military service or post-truce military service, or

(ii) a disease attributable to pre-truce military service or post-truce military service or pre-truce military service and post-truce military service, and

(d) such member was granted a pension in respect of such wound or disease under Part II of the Act of 1932,

no allowance or gratuity shall be granted under sub-section (1) of section 12 of the Act of 1932 to any person on account of the death of such member but, the Minister may, if such member was not granted a married pension and leaves a widow or children and his marriage to such widow took place before the 1st day of June, 1937, grant to such widow or children a gratuity of one hundred and twelve pounds and ten shillings.

(4) An allowance granted under sub-section (1) of section 12 of the Act of 1932 on account of the death of a person to whom the said section 12 applies by virtue of sub-section (1) of this section shall, notwithstanding anything contained in sub-sections (2) and (3) of section 15 of the Act of 1932, commence as on and from the date of the passing of this Act.

(5) The following provisions of section 12 of the Act of 1932 are hereby repealed, that is to say, paragraph (d) of sub-section (3), and sub-sections (4) and (5).