PART V.

Amendment of the Acts in Relation to Special Allowances.

Amendment of section 7 of the Act of 1943.

41. —(1) Section 7 of the Act of 1943 is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) (a) Subject to the provisions of this section the Minister may, with the consent of the Minister for Finance, grant an allowance (in this section referred to as a special allowance) to any qualified person in whose case the Minister and the Minister for Finance are satisfied that the statutory conditions are complied with.

(b) The Minister for Finance may, from time to time and in respect of a specified period, give, subject to such conditions as he may from time to time decide, a general consent for the purpose of paragraph (a) of this subsection, and during any such specified period the requirement that the Minister for Finance be satisfied that the statutory conditions are complied with shall not apply.”

(2) The following subsection is hereby substituted for subsection (6) of section 7 of the Act of 1943—

“(6) (a) Where an application for a special allowance has been refused or where a special allowance has terminated or has been terminated, no further application for such allowance or no application for a renewal of such allowance (as the case may be) shall be entertained within a period of twelve months from the date of the refusal or termination.

(b) Notwithstanding paragraph (a) of this subsection the Minister may, in his absolute discretion, entertain a further application made within twelve months after the refusal or termination of a special allowance if the applicant produces evidence satisfactory to the Minister that he complies with the statutory conditions.”

(3) The definition of the expression “qualified person” contained in subsection (9) of section 7 of the Act of 1943, as amended by subsection (1) of section 14 of the Act of 1946 and by subsection (2) of section 9 of the Act of 1949, is hereby repealed, and for the purposes of the said section 7 of the Act of 1943 a qualified person means—

(a) a person who was a member of an organisation to which Part II of the Act of 1932 applies and who was granted—

(i) a certificate of military service under the Military Service Pensions Act, 1924 (No. 48 of 1924), or a service certificate under the Military Service Pensions Act, 1934 (No. 43 of 1934), in respect of service during any part of the period which commenced on the 23rd day of April, 1916, and ended on the 11th day of July, 1921, or

(ii) a wound or disability pension under the Acts in respect of a wound received or a disability contracted in the said period, or

(iii) a medal in respect of service during any part of the week which commenced on the 23rd day of April, 1916, or

(iv) a medal in respect of continuous membership during the period of three months which ended on the 11th day of July, 1921, if the Minister is satisfied that it was duly awarded on application made not later than twelve months after the date of the passing of this Act; or

(b) a person who was granted a service, wound or disability pension under the Connaught Rangers (Pensions) Acts, 1936 to 1953.

(4) Subsection (9) of section 7 of the Act of 1943 is hereby amended—

(a) by the substitution for the words “the expression ‘the appropriate annual sum’ means” of the following—

“the expression ‘the appropriate annual sum’ means, in relation to a person whose age is seventy years or more”;

(b) by the insertion, immediately after the definition of the expression mentioned in paragraph (a) of this subsection of the following—

“the expression ‘the appropriate annual sum’ means, in respect of a person whose age is less than seventy years—

(a) in relation to a single man or woman, or a married man or woman married after the 30th day of September, 1942, or a widower or a widow married after the 30th day of September, 1942, or a widower or widow with no children, £104;

(b) in relation to a married man or woman married before the 1st day of October, 1942, whose spouse is living but who has no children, £130;

(c) in relation to a married man or woman married before the 1st day of October, 1942, whose spouse is living and who has children, the sum of the following amounts, namely, £130 and £10 8s. in respect of each child;

(d) in relation to a widower or widow married before the 1st day of October, 1942, who has children, the sum of the following amounts, namely, £104, and £10 8s. in respect of each child.”

Review of special allowances.

42. —(1) An allowance under section 7 of the Act of 1943 (in this Act referred to as a special allowance) may be reviewed by the Minister at his discretion, either of his own volition or at the request of the person to whom such allowance was granted.

(2) If it appears as the result of a review under subsection (1) of this section that a person is not eligible for a special allowance or for such allowance at the rate payable immediately before the date of review, the allowance shall (as the case may require) either be terminated or reduced to the appropriate rate as from the date of the Minister's decision that such person is not eligible for a special allowance or for such allowance at the rate payable immediately before the date of review save that, where the death of a spouse or child is duly notified, the termination or reduction (as the case may be) shall have effect as from the date of such death.

(3) If it appears as the result of a review under subsection (1) of this section that a person is eligible for an increased allowance, the allowance may be increased to the appropriate rate as from the date of the Minister's decision that such person becomes eligible for the increased allowance.

(4) Where a person who is incapable of self-support by reason of permanent infirmity of body or mind is granted a special allowance the Minister in his discretion may at any time review such person's medical condition, and if, as the result of any such review, the Minister is satisfied that such person no longer fulfils the statutory condition relating to permanent infirmity the special allowance shall be terminated as from the date on which the Minister becomes satisfied that such person no longer fulfils the statutory condition relating to permanent infirmity.

(5) Subsection (7) of section 7 of the Act of 1943 (inserted by subsection (1) of section 9 of the Act of 1949) is hereby repealed.

Obligation to notify the Minister of certain occurrences.

43. —(1) On the occurrence, in the case of any person who is in receipt of a special allowance, of any improvement in such person's means since such person's means were last investigated on behalf of the Minister, and on the occurrence in the case of any such person who was married before the 1st day of October, 1942, of the death of such person's spouse or child, then such person shall, within one month of the date of such occurrence, notify the Minister or cause the Minister to be notified thereof in writing.

(2) Where a person fails to comply with subsection (1) of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(3) Section 14 of the Act of 1949 shall apply as if the reference in paragraph (b) of subsection (1) to a false statement were a reference to a failure to comply with subsection (1) of this section.

(4) In this section “child” has the same meaning as in section 7 of the Act of 1943.

Gratuities to relatives of certain deceased persons.

44. —(1) Where a person who had been in receipt of a special allowance dies after the termination of the last award and before a new award had been made and where a new award would have been made but for the death of such person, then, notwithstanding subsection (1) of section 12 of the Act of 1949, the Minister may pay, in respect of such person, a gratuity equal to the amount of the special allowance which would, at such person's death, have accrued due on foot of the new award.

(2) Subsections (3) and (4) of section 12 of the Act of 1949 shall apply in respect of a gratuity payable under this section.

(3) Subsections (1) and (2) of this section shall be deemed to have come into operation on, and shall have effect on and from, the 1st day of July, 1950.