S.I. No. 249/1994 - Army Pensions (Increase) (No. 2) Regulations, 1994.


S.I. No. 249 of 1994.

ARMY PENSIONS (INCREASE) (NO. 2) REGULATIONS, 1994.

ARRANGEMENT OF PARAGRAPHS.

Paragraph

1. Short title and collective citation.

2. Definitions and construction.

3. Amendment of paragraph 3 of Increase Regulations of 1969.

4. Amendment of paragraph 5 of Increase Regulations of 1969.

5. Amendment of paragraph 6 of Increase Regulations of 1969.

6. Amendment of Third Schedule to the Act of 1927.

7. Amendment of section 3 of the Act of 1943.

8. Amendment of paragraph 9 of Increase Regulations of 1969.

9. Amendment of paragraph 10 of Increase Regulations of 1969.

10. Amendment of paragraph 11 of Increase Regulations of 1969.

11. Amendment of paragraph 13 of Increase Regulations of 1969.

12. Amendment of paragraph 14 of Increase Regulations of 1969.

13. Amendment of Second Schedule to the Act of 1932.

14. Increase of final pensions under section 26 of the Act of 1937, section 6 of the Act of 1941, section 6 of the Act of 1943 and section 5 of the No. 2 Act of 1960.

15. Amendment of paragraph 18 of Increase Regulations of 1969.

16. Amendment of First Schedule to the Act of 1962.

17. Amendment of Second Schedule to the Act of 1962.

18. Increase of allowances under section 4 of the Act of 1953.

19. Backdating of increase in pensions and allowances.

20. Commencement.

S.I. No. 249 of 1994.:

ARMY PENSIONS (INCREASE) (NO.2) REGULATIONS, 1994

I, DAVID ANDREWS, Minister for Defence, in exercise of the powers conferred on me by section 7 of the Army Pensions Act, 1980 (No. 21 of 1980), hereby, with the consent of the Minister for Finance, make the following Regulations:

1 Short title and collective citation.

1. (1) These Regulations may be cited as the Army Pensions (Increase) (No. 2) Regulations, 1994.

(2) The collective citation the Army Pensions (Increase) Regulations, 1969 to 1994, shall include these Regulations.

2 Definitions and construction.

2. (1) In these Regulations—

"the Act of 1927" means the Army Pensions Act, 1927 (No. 12 of 1927);

"the Act of 1932" means the Army Pensions Act, 1932 (No. 24 of 1932);

"the Act of 1937" means the Army Pensions Act, 1937 (No. 15 of 1937);

"the Act of 1941" means the Army Pensions Act, 1941 (No. 2 of 1941);

"the Act of 1943" means the Army Pensions Act, 1943 (No. 14 of 1943);

"the Act of 1953" means the Army Pensions Act, 1953 (No. 23 of 1953);

"the Act of 1959" means the Army Pensions Act, 1959 (No. 15 of 1959);

"the No. 2 Act of 1960" means the Army Pensions (No. 2) Act, 1960 (No. 39 of 1960);

"the Act of 1962" means the Army Pensions Act, 1962 (No. 22 of 1962);

"the Acts" means the Army Pensions Acts, 1923 to 1973;

"the Increase Regulations of 1969" means the Army Pensions (Increase) Regulations, 1969 ( S.I. No. 191 of 1969 );

"the Increase Regulations of 1994" means the Army Pensions (Increase) Regulations, 1994 ( S.I. No. 65 of 1994 ).

(2) These Regulations shall be construed as one with the Acts and the Army Pensions (Increase) Regulations, 1969 to 1994.

(3) References in these Regulations to any enactment shall be construed as references to that enactment as amended by any subsequent enactment or regulations.

3 Amendment of paragraph 3 of Increase Regulations of 1969.

3. (1) A wound or disability pension to which paragraph 3 of the Increase Regulations of 1969 applies, and which is payable at a rate mentioned in column (4) of Table II to paragraph 3 of the Increase Regulations of 1994, shall be payable at the increased rate mentioned in column (2) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

(2) A further or married pension to which paragraph 3 of the Increase Regulations of 1969 applies, and which is payable at a rate mentioned in column (5) of Table II to paragraph 3 of the Increase Regulations of 1994, shall be payable at the increased rate mentioned in column (3) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

TABLE

Degree of disablement

Increased rate of pension per annum

Increased rate of further or married pension per week

(1)

(2)

(3)

Per cent

£

£

100

8,755.22

31.59

95

8,401.97

29.94

90

8,071.43

28.39

85

7,728.79

26.74

80

7,405.29

25.52

75

7,051.72

23.92

70

6,608.28

22.31

65

6,168.77

20.58

60

5,809.79

19.52

55

5,492.16

17.75

50

5.193.97

15.84

45

4,675.22

14.26

40

4,150.42

12.60

35

3,693.09

11.62

30

3,191.00

9.80

25

2,660.31

8.38

20

2,128.96

6.41

4 Amendment of paragraph 5 of Increase Regulations of 1969.

4. A wound or disability pension to which paragraph 5 of the Increase Regulations of 1969 applies, and which is payable at a rate mentioned in column (5) of the Table to paragraph 5 of the Increase Regulations of 1994, shall be payable at the increased rate mentioned in column (2) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

TABLE

Degree of disablement

Increased rate of pension per week

(1)

(2)

Per cent

£

100

105.33

95

101.93

90

97.88

85

92.51

80

87.91

75

82.42

70

76.91

65

72.46

60

67.58

55

61.87

50

56.43

45

50.50

40

44.94

35

39.30

30

33.86

25

28.03

20

22.45

5 Amendment of paragraph 6 of Increase Regulations of 1969.

5. A further or married pension to which paragraph 6 of the Increase Regulations of 1969 applies, and which is payable at a rate mentioned in column (5) of the Table to paragraph 6 of the Increase Regulations of 1994, shall be payable at the increased rate mentioned in column (2) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

TABLE

Degree of disablement

Increased rate of further or married pension per week

(1)

(2)

Per cent

£

100

21.07

95

20.26

90

19.52

85

18.07

80

16.94

75

15.84

70

14.65

65

13.99

60

12.60

55

11.95

50

10.88

45

9.80

40

8.70

35

7.67

30

6.41

25

5.65

20

4.73

6 Amendment of Third Schedule to the Act of 1927.

6. The Third Schedule to the Act of 1927 shall be construed as if—

(a) for the reference in Part I to a married pension of £834.28 per annum there were substituted a reference to a married pension of £846.52 per annum, and

(b) for the reference in Part II to a married pension of £10.73 a week there were substituted a reference to a married pension of £10.88 a week, and the said Schedule, as so amended, is set out in the Table to this paragraph.

TABLE

THIRD SCHEDULE

PART I

Officers

The married pension payable to an officer in receipt of a pension under this Schedule who is entitled to a married pension shall be at the rate of £846.52 per annum.

PART II

Soldiers

The married pension payable to a soldier in receipt of a pension under this Schedule who is entitled to a married pension shall be at the rate of £10.88 a week.

7 Amendment of section 3 of the Act of 1943.

7. Section 3 of the Act of 1943 shall be construed as if for the reference in the Table to subsection (5) to a married pension of £1,234.75 per annum there were substituted a reference to a married pension of £1,252.86 per annum and the said Table, as so amended, is set out in the Table to this paragraph.

TABLE

THIRD SCHEDULE

PART I

Officers

The married pension payable to an officer in receipt of a pension under this Schedule who is entitled to a married pension shall be at the rate of £1,252.86 per annum.

8 Amendment of paragraph 9 of Increase Regulations of 1969.

8. A married pension to which paragraph 9 of the Increase Regulations of 1969 applies, and which is payable at a rate mentioned in columns (8) and (9) of the Table to paragraph 9 of the Increase Regulations of 1994, shall be payable at the increased rate mentioned in columns (2) and (3) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

TABLE

Increased rate of married pension per week

Degree of disablement

In respect of wife

In respect of each eligible child

(1)

(2)

(3)

Per cent

£

£

100

15.84

8.72

90

14.44

7.95

80

12.60

6.73

70

11.62

6.20

60

9.80

5.56

50

8.07

4.73

40

6.41

3.84

30

5.03

2.93

20

3.84

2.40

9 Amendment of paragraph 10 of Increase Regulations of 1969.

9. An allowance to which paragraph 10 of the Increase Regulations of 1969 applies, and which is payable at a rate mentioned in column 5 of the Table to paragraph 10 of the Increase Regulations of 1994 at a particular reference number, shall be payable at the increased rate mentioned in the Table to this paragraph at that reference number.

TABLE

Reference No.

Increased rate of allowance

(1)

(2)

£

1

4,675.22 per annum

2

1,291.25 per annum

3

2,128.96 per annum

4

53.44 per week

5

46.95 per week

6

13.99 per week

7

9.61 per week

8

23.68 per week

9

40.32 per week

10 Amendment of paragraph 11 of Increase Regulations of 1969.

10. An allowance to which paragraph 11 of the Increase Regulations of 1969 applies, and which is payable at a rate mentioned in column 5 of the Table to paragraph 11 of the Increase Regulations of 1994 at a particular reference number, shall be payable at the increased rate mentioned in the Table to this paragraph at that reference number.

TABLE

Reference No.

Increased rate of allowance

(1)

(2)

£

1

3,191.00 per annum

2

4,675.22 per annum

3

5,809.79 per annum

4

954.19 per annum

5

1,784.37 per annum

6

2,773.69 per annum

7

1,373.94 per annum

8

33.85 per week

9

12.54 per week

10

25.39 per week

11 Amendment of paragraph 13 of Increase Regulations of 1969.

11. A wound or disability pension to which paragraph 13 of the Increase Regulations of 1969 applies, and which is payable at a rate mentioned in column (5) of the Table to paragraph 13 of the Increase Regulations of 1994, shall be payable at the increased rate mentioned in column (2) of the table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

TABLE

Degree of disablement

Increased scale of pension per annum

(1)

(2)

Per cent

£

100

5,492.16

90

5,142.85

80

4,566.90

70

4,055.33

60

3,523.00

50

2,926.80

40

2,350.20

30

1,753.66

20

1,171.50

12 Amendment of paragraph 14 of Increase Regulations of 1969.

12. (1) A wound or disability pension granted under section 10 (1) of 10 (2) of the Act of 1932, and which is payable at a rate mentioned in column (4) of Table II to paragraph 14 of the Increase Regulations of 1994, shall be payable at the increased rate mentioned in column (2) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

(2) A married pension granted under section 10 (3) of the Act of 1932, and which is payable at a rate mentioned in column (5) of Table II to paragraph 14 of the Increase Regulations of 1994, shall be payable at the increased rate mentioned in column (3) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

TABLE

Degree of disablement

Increased rate of pension per annum

Increased rate of married pension per week

(1)

(2)

(3)

Per cent

£

£

100

7 051.72

23.92

95

6 714.96

22.31

90

6 391.94

21.07

85

6 069.90

20.40

80

5 809.79

18.58

75

5 574.02

17.75

70

5 352.46

16.77

65

5 075.36

15.60

60

4 675.22

14.11

55

4 301.23

13.32

50

3 915.14

11.95

45

3 609.58

10.88

40

3,191.00

9.61

35

2 794.11

8.52

30

2 388.10

6.73

25

1,988.12

6.00

20

1,602.52

5.47

13 Amendment of Second Schedule to the Act of 1932.

13. Paragraph 1 of Part I of the Second Schedule (which specifies allowances to widows of certain classes of persons) to the Act of 1932 is hereby amended by the substitution of "£3,573.15" for "£3,521.49" and the said paragraph 1, as so amended, is set out in the Table to this paragraph.

TABLE

SECOND SCHEDULE

PART I

1.

Widow

£3,573.15 per annum during widowhood.

14 Increase of final pensions under section 26 of the Act of 1937, section 6 of the Act of 1941, section 6 of the Act of 1943 and section 5 of the No. 2 Act of 1960.

14. (1) Every final pension under section 26 of the Act of 1937, section 6 of the Act of 1941, section 6 of the Act of 1943 and section 5 of the No. 2 Act of 1960 which is payable at the rate of £39.73 per week shall be payable at the rate of £40.32 per week.

(2) Every final pension under section 26 of the Act of 1937, section 6 of the Act of 1941, section 6 of the Act of 1943 and section 5 of the No. 2 Act of 1960 which is payable at the rate of £52.67 per week shall be payable at the rate of £53.44 per week.

15 Amendment of paragraph 18 of Increase Regulations of 1969.

15. A pension to which paragraph 18 of the Increase Regulations of 1969 applies, and which is payable at a rate mentioned in column (5) of the Table to paragraph 17 of the Increase Regulations of 1994, shall be payable at the increased rate mentioned in column (2) of the Table to this paragraph corresponding to the appropriate degree of disablement mentioned in column (1) of that Table.

TABLE

Degree of disablement

Increased rate of pension per annum

(1)

(2)

per cent

£

100

5,193.97

90

4,675.22

80

4,150.42

70

3,693.09

60

3,190.99

50

2,660.33

40

2,128.96

30

1,602.52

20

1,062.68

16 Amendment of First Schedule to the Act of 1962

16. The First Schedule (which specifies married pensions to certain classes of persons) to the Act of 1962 is hereby amended by—

( a ) the substitution of the following Table for the Table to Part I:

"

Degree of disablement

Married pension per week

per cent

£

100

15.84

90

14.26

80

12.54

70

11.43

60

9.61

50

8.07

40

6.40

30

5.47

20

3.98

",

( b ) the substitution of the following Table for the Table to Part II:

"

Degree of disablement

Married pension per week

per cent

£

100

90

80

15.84

14.26

12.54

"

,and

( c ) the substitution of the following Table for the Table to Part III:

"

Rate of pension per week

Rate of married pension per week

£

£

53.44

8.52

40.32

6.41

"

17 Amendment of Second Schedule to the Act of 1962.

17. The Second Schedule (which specifies allowances to dependants of certain deceased persons) to the Act of 1962 is hereby amended by the substitution of "£33.85", "£12.54" and "£25.39" for "£33.36", "£12.36" and "£25.02", respectively, and the said Schedule, as so amended, is set out in the Table to this paragraph.

TABLE

SECOND SCHEDULE

1.

Widow

... ... ... £33.85 per week during widowhood.

3.

Children who are, in the case of sons, under the age of 18, and in the case of daughters, unmarried and under the age of 18.

(a) while mother is living, £12.54

per week for each child,

(b) after death of mother, £25.39

per week for each child.

18 Increase of allowances under section 4 of the Act of 1953.

18. Section 4 (1) of the Act of 1953 (which provides for allowances to certain relatives of certain deceased persons with pre-truce military service) is hereby amended by—

( a ) the substitution in paragraph (a) of "£7,114.63" for "£7,011.76",

( b ) the substitution in paragraphs (aa), (ab) (inserted by section 8 of the Act of 1959), (c) and (d) of "£3,573.15" for "£3,521.49", and

( c ) the substitution in paragraph (b) of "£5,138.27" for "£5,063.98",

and the said section 4 (1), as so amended, is set out in the Table to this paragraph.

TABLE

4 (1) The Minister may, on account of the death of any person to whom this Part applies, on application being made to him—

( a ) grant to the widow of such deceased person provided such widow has not re-married an annual allowance of £7,114.63 during widowhood;

( aa ) grant to any permanently invalidated son of such deceased person an annual allowance of £3,573.15, provided the permanent invalidism of such son existed before he attained the age of 18 years;

( ab ) grant to any permanently invalidated daughter of such deceased person, provided such daughter is unmarried or a widow, an annual allowance of £3,573.15, while she remains unmarried or a widow (as the case may be) and provided the permanent invalidism of such daughter existed before she attained the age of 21 years;

( b ) grant to any parent of such deceased person an annual allowance of £5,138.27;

( c ) grant to any sister of such deceased person, provided such sister is unmarried or a widow, an annual allowance of £3,573.15, while she remains unmarried or a widow (as the case may be) and provided such sister—

(i) was dependent on such deceased person at the date of his death, or

(ii) should, in the opinion of the Minister for Finance, be treated, having regard to all the circumstances of the case, as a dependant of such deceased person;

( d ) grant to any permanently invalidated brother of such deceased person an annual allowance of £3,573.15, provided such brother—

(i) was dependent on such deceased person at the date of his death, or

(ii) should, in the opinion of the Minister for Finance, be treated, having regard to all the circumstances of the case, as a dependant of such deceased person.

19 Backdating of increase in pensions and allowances.

19. The increased rates of pensions and allowances effective from the 1st day of December, 1992, under the Increase Regulations of 1994 shall be deemed to be effective from the 1st day of January, 1992.

20 Commencement.

20. These Regulations shall be deemed to have come into operation on the 1st day of January, 1993.

GIVEN under my Official Seal, this 29th day of July, 1994.

DAVID ANDREWS.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 29th day of July, 1994.

BERTIE AHERN.

EXPLANATORY NOTE.

These Regulations provide for increases effective from 1st January, 1993, in pensions and allowances payable under the Army Pensions Acts, 1923 to 1973 and for the backdating of the December, 1992 increase to January, 1992.