Army Pensions (Increase) (No. 2) Regulations, 1985.

S.I. No. 417/1985 - Army Pensions (Increase) (No. 2) Regulations, 1985. S.I. No. 417 of 1985. ARMY PENSIONS (INCREASE) (No. 2) REGULATIONS, 1985. Arrangement of Paragraphs. Part I. 1. Short title. 2. Definitions. Part II. 3. Amendment of paragraph 3 of Increase Regulations of 1969. 4. Amendment of paragraph 4 of Increase Regulations of 1969. 5. Amendment of paragraph 5 of Increase Regulations of 1969. 6. Amendment of paragraph 6 of Increase Regulations of 1969. 7. Amendment of Third Schedule to the Act of 1927. 8. Amendment of section 3 of the Act of 1943. 9. Amendment of paragraph 9 of Increase Regulations of 1969. 10. Amendment of paragraph 10 of increase Regulations of 1969. 11. Amendment of paragraph 11 of Increase Regulations of 1969. 12. Amendment of paragraph 12 of Increase Regulations of 1969. 13. Amendment of paragraph 13 of Increase Regulations of 1969. 14. Amendment of paragraph 14 of Increase Regulations of 1969. 15. Amendment of Second Schedule to the Act of 1932. 16. Increase of allowances to certain relatives of Signatories to the Proclamation published on Easter Monday, 1916. 17. 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. 18. Amendment of paragraph 18 of Increase Regulations of 1969. 19. Amendment of First Schedule to the Act of 1962. 20. Amendment of Second Schedule to the Act of 1962. 21. Amendment of paragraph 21 of Increase Regulations of 1969. 22. Increase of allowances under section 4 of the Act of 1953. 23. Increase of allowances to certain children of Signatories to the Proclamation published on Easter Monday, 1916. 24. Increase of allowances under section 1 of the Act of 1971. 25. Commencement. I, PATRICK COONEY, Minister for Defence, in exercise of the powers conferred on me by section 7 of the Army Pensions Act, 1968 (No. 12 of 1968), as adapted by the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 294 of 1973 ), hereby, with the consent of the Minister for the Public Service, make the following Regulations: PART I.Preliminary. 1 Short title, collective citation. 1. (1) These Regulations may be cited as the Army Pensions (Increase) (No. 2) Regulations, 1985. (2) The collective citation, the Army Pensions (Increase) Regulations, 1969 to 1985, 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 Act of 1971" means the Army Pensions Act, 1971 (No. 26 of 1971); "the Increase Regulations of 1969" means the Army Pensions (Increase) Regulations, 1969 ( S.I. No. 191 of 1969 "the Increase Regulations of 1985" means the Army Pensions (Increase) Regulations, 1985 ( S.I. No. 292 of 1985 ). (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 pension or disability pension to which paragraph 3 of the Increase Regulations of 1969 applies, which is payable at a rate mentioned in column (2) of the Table to paragraph 3 of the Increase Regulations of 1985, 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, which is payable at a rate mentioned in column (3) of the Table to paragraph 3 of the Increase Regulations of 1985, 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. Degree of disablement Increased rate of pension per annum Increased rate of further or married pension per week (1) (2) (3) per cent 100 19.31 95 18.32 90 17.35 85 16.34 80 15.60 75 14.64 70 13.64 65 12.57 60 11.92 55 10.85 50 9.68 45 8.73 40 7.70 35 7.09 30 6.00 25 5.12 20 3.93 4 Amendment of paragraph 4 of Increase Regulations of 1969. 4. 5 Amendment of paragraph 5 of Increase Regulations of 1969. 5. A wound or disability pension to which paragraph 5 of the Increase Regulations of 1969 applies, which is payable at a rate mentioned in column (2) of the Table to paragraph 5 of the Increase Regulations of 1985, 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. Degree of disablement Increased rate of pension per week (1) (2) per cent 100 64.41 95 62.35 90 59.84 85 56.57 80 53.76 75 50.41 70 47.03 65 44.31 60 41.32 55 37.82 50 34.50 45 30.88 40 27.49 35 24.03 30 20.71 25 17.31 20 13.73 6 Amendment of paragraph 6 of Increase Regulations of 1969. 6. A further or married pension to which paragraph 6 of the Increase Regulations of 1969 applies, which is payable at a rate mentioned in column (2) of the Table to paragraph 6 of the Increase Regulations of 1985, 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. Degree of disablement Increased rate of further or married pension per week (1) (2) per cent 100 12.89 95 12.33 90 11.92 85 11.05 80 10.35 75 9.68 70 8.95 65 8.54 60 7.70 55 7.30 50 6.65 45 6.00 40 5.34 35 4.68 30 3.93 25 3.46 20 2.90 7 Amendment of Third Schedule to the Act of 1927. 7. The Third Schedule to the Act of 1927 shall be construed as if— ) for the reference in Part I to a married pension of £493.44 per annum there were substituted a reference to a married pension of £517.32 per annum, and ) for the reference in Part II to a married pension of £6.34 a week there were substituted a reference to a married pension of £6.65 a week, and the said Schedule, as so amended, is set out in the Table to this paragraph. Third Schedule. Part I. 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 £517.32 per annum. Part II. 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 £6.65 a week. 8 Amendment of section 3 of the Act of 1943. 8. 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 £730.44 per annum there were substituted a reference to a married pension of £765.84 per annum and the said Table, as so amended, is set out in the Table to this paragraph. Third Schedule. Part I. 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 £765.84 per annum. 9 Amendment of paragraph 9 of Increase Regulations of 1969. 9. A married pension to which paragraph 9 of the Increase Regulations of 1969 applies, which is payable at a rate mentioned in columns (2) and (3) of the Table to paragraph 9 of the Increase Regulations of 1985, 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. Degree of disablement Increased rate of pension per week In respect of wife In respect of each eligible child (1) (2) (3) per cent 100 9.68 5.34 90 8.83 4.85 80 7.70 4.12 70 7.09 3.81 60 6.00 3.40 50 4.93 2.90 40 3.93 2.34 30 3.07 1.79 20 2.34 1.46 10 Amendment of paragraph 10 of Increase Regulations of 1969. 10. An allowance to which paragraph 10 of the Increase Regulations of 1969 applies, which is payable at a rate mentioned in the Table to paragraph 10 of the Increase Regulations of 1985 at a particular reference number, shall be payable at the increased rate mentioned in the Table to this paragraph at that reference number. Reference No. Increased rate of allowance 2,859.00 per annum 789.36 per annum 1,301.64 per annum 32.69 per week 28.71 per week 8.54 per week 5.86 per week 14.48 per week 24.66 per week 11 Amendment of paragraph 11 of Increase Regulations of 1969. 11. An allowance to which paragraph 11 of the Increase Regulations of 1969 applies, which is payable at a rate mentioned in the Table to paragraph 11 of the Increase Regulations of 1985 at a particular reference number, shall be payable at the increased rate mentioned in the Table to this paragraph at that reference number. Reference No. Increased rate of allowance 1,951.32 per annum 2,859.00 per annum 3,552.84 per annum 583.32 per annum 1,091.04 per annum 1,695.96 per annum 840.00 per annum 20.70 per week 7.67 per week 10 15.53 per week 12 Amendment of paragraph 12 of Increase Regulations of 1969. 12. A gratuity to which paragraph 12 of the Increase Regulations of 1969 applies, which is payable at a rate mentioned in the Table to paragraph 12 of the Increase Regulations of 1985 at a particular reference number, shall be payable at the increased rate mentioned in the Table to this paragraph at that reference number. Reference No. Increased rate of gratuity 163.27 81.65 10 11 12 13 Amendment of paragraph 13 of Increase Regulations of 1969. 13. A wound or disability pension to which paragraph 13 of the Increase Regulations of 1969 applies, which is payable at a rate mentioned in column (2) of the Table to paragraph 13 of the Increase Regulations of 1985, shall be payable at the increased rate mentioned in column (2) of the Table to this paragraph corresponding to the degree of disablement mentioned in column (1) of that Table. Degree of disablement Increased scale of pension per annum (1) (2) per cent 100 90 80 70 60 50 40 30 20 716.04 14 Amendment of paragraph 14 of Increase Regulations of 1969. 14. (1) A wound pension or disability pension granted under section 10 (1) or 10 (2) of the Act of 1932, which is payable at a rate mentioned in column (2) of the Table to paragraph 14 of the Increase Regulations of 1985, 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, which is payable at a rate mentioned in column (3) of the Table to paragraph 14 of the Increase Regulations of 1985, 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. Degree of disablement Increased rate of pension per annum Increased rate of married pension per week. (1) (2) (3) per cent 100 14.64 95 13.64 90 12.89 85 12.48 80 11.35 75 10.85 70 10.25 65 9.53 60 8.62 55 8.15 50 7.30 45 6.65 40 5.86 35 5.20 30 4.12 25 3.65 20 979 .80 3.34 15 Amendment of Second Schedule to the Act of 1932. 15. The Second Schedule (which specified allowances to certain classes of persons) to the Act of 1932 is hereby amended— ) by the substitution in paragraph 1 of Part I of "£2, 184.84" for "£2,084.16", ) by the substitution in paragraphs 2 and 3 of Part I of "£583.32" and "£979.80" for "£556.44" and "£934.56", respectively, and ) by the substitution in paragraph 5 of Part II of "£24.66" for "£23.52", and the said Schedule, as so amended, is set out in the Table to this paragraph. Second Schedule. Part I. 1. £2,184.84 per annum during widowhood. 2. Each son under the age of 18 ( a ) while mother is living — £583.32 per annum, (b) after death of mother — £979.80 per annum. 3. Each unmarried daughter under the age of 21 ( a ) while mother is living — £583.32 per annum. ( b ) after death of mother — £979.80 per annum. Part II. 5. ( a ) Mother One allowance at the rate of £24.66 per week. If there are two or more such dependants only one allowance shall be payable to such one of the dependants as the Minister for Defence shall direct. ( b ) Father over 60 years of age or incapacitated by ill-health ( c) Permanently invalided brother or permanently invalided unmarried sister ( d ) Grandparents 16 Increase of allowances to certain relatives of Signatories to the Proclamation published on Easter Monday, 1916. 16. Section 3(1) of the Act of 1937 is hereby amended by the substitution in paragraph ( ) (which relates to the allowance payable to each sister of a Signatory to the Proclamation published on Easter Monday, 1916) of "£4, 350.96" for "£4,150.44" and the said section 3(1), as so amended, is set out in the Table to this paragraph. 3 (1) There shall be paid out of moneys provided by the Oireachtas— ) to each sister of a Signatory, an allowance of £4, 350.96 per annum during her life. 17 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. 17. (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 £23.52 per week, shall be payable at the rate of £24.66 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 £31.18 per week, shall be payable at the rate of £32.69 per week. 18 Amendment of paragraph 18 of Increase Regulation of 1969. 18. A pension to which paragraph 18 of the Increase Regulations of 1969 applies, which is payable at a rate mentioned in column (2) of the Table to paragraph 18 of the Increase Regulations of 1985, 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. Degree of disablement (1) Increased rate of pension per annum (2) per cent 100 90 80 70 60 50 40 30 979.80 20 649.56 19 Amendment of First Schedule to the Act of 1962. 19. The First Schedule to the Act of 1962 is hereby amended by— ) the substitution of the following Table for the Table to Part I: Degree of disablement Married pension per week per cent 100 9.68 90 8.73 80 7.67 70 6.98 60 5.86 50 4.93 40 3.92 30 3.34 20 2.44 ) the substitution of the following Table for the Table to Part II: Degree of disablement Married pension per week per cent 100 9.68 90 8.73 80 7.67 ", and ) the substitution of the following Table for the Table to Part III: Rate of pension per week Rate of Married pension per week 32.69 5.20 24.66 3.93 20 Amendment of Second Schedule to the Act of 1962. 20. The Second Schedule (which specifies allowances to dependants of certain deceased persons) to the Act of 1962 is hereby amended by the substitution of "£20.70", "£7.67" and "£15.53" for "£19.74", "£7.31" and "£14.81", respectively, and the said Schedule, as so amended is set out in the Table to this paragraph. Second Schedule. 1. Widow... ... ... £20.70 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, £7.67 per week for each child, ( b ) after death of mother, £15.53 per week for each child. 21 Amendment of paragraph 21 of Increase Regulations of 1969. 21. (1) Paragraph 21 ( ) of the Increase Regulations of 1969 is hereby amended by the substitution of— ) "£1,123" for "£1,077" in clauses (i) and (ii), ) "£1,143" for "£1,097" in clauses (iii) and (v), and ) "£1, 166" for "£1, 120" in clauses (iv) and (vi), and the said paragraph 21 ( a ), as so amended, is set out in the Table to this paragraph. 21 ( ) The expression "the appropriate annual sum" means, in respect of a person whose age is seventy years or more— (i) in relation to a single man or woman or to a widower or widow with no children, £1.123; (ii) in relation to a widower or widow who has children, the sum of the following amounts, namely, £1.123 and £12 in respect of each child; (iv) in relation to any married man or woman not mentioned in sub-paragraph (iii) above whose spouse is living and who has no children, £1,166; (vi) in relation to any married man or woman not mentioned in sub-paragraph (v) above whose spouse is living and who has children, the sum of the following amounts, namely, £1,166 and £12 in respect of each child. (2) The minimum rate of special allowance, as amended by this paragraph shall, with effect from 1st day of July, 1985, be £402.00 per annum. 22 Increase of allowances under Section 4 of the Act of 1953. 22. 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— (i) the substitution in paragraph ( ) of "£4,350.96" for "£4,150.44", (ii) the substitution in paragraphs ( ) and ( ) (inserted by section 8 of the Act of 1959) of "£2,184.84" for "£2,084.16", (iii) the substitution in paragraph ( ) of "£3,142.20" for "£2, 997.36". and (iv) the substitution in paragraphs ( ) and ( ) of "£2, 184.84" for "£2, 084.16", and the said section 4(1), as so amended, is set out in the table to this paragraph. 4 (1) The Minister may, on account of the death of any person to whom this Part applies, on application being made to him— ) grant to the widow of such deceased person provided such widow has not re-married an annual allowance of £4,350.96 during widowhood; ) grant to any permanently invalided son of such deceased person an annual allowance of £2,184.84. provided the permanent invalidism of such son existed before he attained the age of 18 years; ) grant to any permanently invalided daughter of such deceased person, provided such daughter is unmarried or a widow, an annual allowance of £2, 184.84, 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; ) grant to any parent of such deceased person an annual allowance of £3,142.20; ) grant to any sister of such deceased person, provided such sister is unmarried or a widow, an annual allowance of £2,184.84 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 the Public Service, be treated, having regard to all the circumstances of the case, as a dependant of such deceased person; ) grant to any permanently invalided brother or such deceased person an annual allowance of £2,184.84 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 the Public Service, be treated, having regard to all the circumstances of the case, as a dependant of such deceased person. 23 Increase of allowances to certain children of Signatories to the Proclamation published on Easter Monday 1916. 23. Section 45(1) of the Act of 1953 (which relates to the allowances payable to certain children of Signatories to the Proclamation published on Easter Monday, 1916) is hereby the proclamation amended by the substitution of "£2,184.84" for "£2,084.16", and the said section 45(1), as so amended, is set out in the Table to this paragraph. 45 (1) There shall be paid out of moneys provided by the Oireachtas, on application being made to the Minister, an annual allowance of £2,184.84 to— ) each daughter of a Signatory to the Proclamation published on Easter Monday, 1916, and ) each son of such Signatory, where the Minister is satisfied that such son is incapable of self-support by reason of age or permanent infirmity of body or mind. 24 Increase of allowances under section 1 of the Act of 1971. 24. Section 1 (1) of the Act of 1971 is hereby amended— (i) by the substitution in paragraph ( ) of "£446.64" for "£426.00", and (ii) by the substitution in paragraph ( ) of "1st July, 1985" for "1st January, 1985", and the said section 1 (1), as so amended, is set out in the Table to this paragraph. 1. (1) The Minister may grant to the widow (provided she has not re-married) of a person who was granted a pension under the Military Service Pensions Act, 1924 , or the Military Service Pensions Act, 1934 , or a service pension under the Connaught Rangers (Pensions) Act, 1936 , an allowance of— ) £446.64 per annum, or whichever is the greater. 25 Commencement. 25. These Regulations shall be deemed to have come into operation on the 1st day of July, 1985. GIVEN under my Official Seal, this 11th day of December, 1985. PATRICK COONEY The Minister for the Public Service hereby consents to the making of the foregoing Regulations. GIVEN under the Official Seal of the Minister for the Public Service, this 11th day of December, 1985. JOHN BOLAND EXPLANATORY NOTE.