[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/wppa1919459.txt

[New search] [Help]

WAR PENSIONS (ADMINISTRATIVE PROVISIONS) ACT 1919

WAR PENSIONS (ADMINISTRATIVE PROVISIONS) ACT 1919 - LONG TITLE

An Act to make further provision for the administration of the
enactments relating to Naval, Military and Air Force War Pensions,
Grants and Allowances, and for certain other purposes connected with
such Pensions, Grants and Allowances.{1}
[19th August 1919]
Administration of pensions, &c., under Injuries in War (Compensation)
Acts.

WAR PENSIONS (ADMINISTRATIVE PROVISIONS) ACT 1919 - SECT 1

1.(1) Where a scheme framed under the Injuries in War (Compensation)
Act, 1914, as amended by the Injuries in War (Compensation) Act,
1914 (Session 2), is to be administered by the Minister of Pensions

(a)the provisions of the War Pensions Acts, 1915 to 1918, and any
amendments thereof, except provisions relating to separation
allowances, shall apply to and in respect of the officers and men
specified in such scheme as they apply to and in respect of
officers and men in the naval service of His Majesty; and

(b)notwithstanding anything to the contrary in the said Injuries in
War (Compensation) Acts, such scheme may be so framed as to provide
that pensions, grants and other allowances in the nature thereof may
be granted in the like circumstances and on the like terms and
conditions as are set forth in the regulations annexed to any Order
in Council relating to pensions under section three of the Naval
and Marine Pay and Pensions Act, 1865, and administered by the
Minister of Pensions.

Subs.(2) rep. by SLR 1927

S.2 rep. by SLR 1953

WAR PENSIONS (ADMINISTRATIVE PROVISIONS) ACT 1919 - SECT 3
Extension of power to pay pensions in advance.

3.(1) Notwithstanding anything in any Act, Order in Council, Royal
Warrant, or other order to the contrary, any pension administered by
or under the authority of the Minister of Pensions, the Army
Council, or the Air Council may, in special circumstances, be issued
in advance for such period not exceeding six months, and subject to
such conditions as may be prescribed by rules made by the Minister
of Pensions, the Army Council, or the Air Council, as the case may
be, with the approval of the Treasury.

(2) Nothing in this section shall affect any other right of issuing
pensions in advance.

Ss.46 rep. by SLR 1927

WAR PENSIONS (ADMINISTRATIVE PROVISIONS) ACT 1919 - SECT 7
Statutory right to pensions.

7. Every officer or man suffering from a disability attributable to
or aggravated by naval, military, or air force service during the
present war, and not due to his serious negligence or misconduct,
shall be entitled to receive such pension, gratuity, or allowance as
shall be awarded by the Minister of Pensions under any Warrant or
Order in Council in respect of such disability, and for the payment
whereof money shall have been provided by Parliament; but the award
of any such pension, gratuity, or allowance shall be subject to the
conditions contained in the Warrant or Order in Council.

WAR PENSIONS (ADMINISTRATIVE PROVISIONS) ACT 1919 - SECT 8
Appeals to Pensions Appeal Tribunals.

8.(1) Where the claim of an officer or man under any Royal Warrant
or Order in Council administered by the Minister of Pensions is
rejected on the ground that the disability on which the claim is
based,

(a)is not attributable to or aggravated by service during the
present war, or

(b)is due to the serious negligence or misconduct of the claimant;

(i)that the death of the officer or man was not due to, or that
the disease from which he died was not attributable to or
aggravated by, such service, nor, in the case of a man, contracted
or commenced while he was on active service, or

(ii)that the death of the officer or man was due to his serious
negligence or misconduct,

(2) Pensions Appeal Tribunals shall be established for such parts of
the United Kingdom as may be determined, in accordance with the
provisions of the Schedule to this Act. The provisions of that
Schedule shall have effect in relation to the constitution,
jurisdiction and procedure of Pensions Appeal Tribunals.

(3) "Ministry Appeal Tribunal" shall mean, as the case may be, an
Officers' Appeal Board or a Pensions Appeal Tribunal set up by the
Minister of Pensions before the first day of November nineteen
hundred and nineteen.

Subs.(4) rep. by SLR 1927

WAR PENSIONS (ADMINISTRATIVE PROVISIONS) ACT 1919 - SECT 9
Extension of Acts.

9. Unless the context otherwise requires

...

The provisions of the Naval and Military War Pensions, &c., Act,
1915, and any Act amending the same, including this Act, which are
applicable to officers, shall extend so as to be applicable to
nurses; and, accordingly in those Acts any reference to officers
shall be construed as including a reference to nurses.

WAR PENSIONS (ADMINISTRATIVE PROVISIONS) ACT 1919 - SECT 10
Short title.

10. This Act may be cited as the War Pensions (Administrative
Provisions) Act, 1919, and the War Pensions Acts, 1915 to 1918, and
this Act may be cited together as the War Pensions Acts, 1915 to
1919.1. Pensions appeal tribunals shall be constituted for such parts
of, or places in, the United Kingdom as the Lord Chancellor after
consultation with the Minister of Pensions, may determine.

2. The members of each tribunal shall be appointed by the Lord
Chancellor, and shall consist of

(i)one legal representative, being a barrister or solicitor, in
either case of not less than seven years' standing; and

[(ii)a person who has served in Her Majesty's Forces]; and

(iii)a duly qualified medical practitioner.

3. In the case of a casual vacancy on a pensions appeal tribunal
the Lord Chancellor may appoint a similarly qualified person to fill
the vacancy.

4. The legal representative shall be the chairman of each tribunal.

5. The number of members of a tribunal to hear any particular case
shall be three. Where the claim is that of an officer the second
member shall be an officer, and where the claim to be heard is
that of a man, the second member shall be a man.

6. There shall be paid to the members of pensions appeal tribunals
such remuneration as the Treasury may determine, and any such
remuneration and any expenses which may be incurred by a tribunal
up to such amount as is sanctioned by the Treasury shall be paid
out of moneys provided by Parliament.

7. No court fees shall be charged on the hearing of any case
before a pensions appeal tribunal.

8. Subject as aforesaid, the Lord Chancellor may make regulations
with respect to the procedure of pensions appeal tribunals, and may
by such regulations provide for the transfer to such tribunals of
claims pending before a Ministry Appeal Tribunal at the first day
of November nineteen hundred and nineteen, the summoning of expert
and other witnesses, the representation of the claimants, and the
Ministry at the hearing of any appeal, the arrangements for the
sittings of the tribunals (including the sitting of more than one
tribunal in the same area) the particular cases which any tribunal
shall hear, and such other matters as may be required for the due
and speedy determination of appeals.

9. "Lord Chancellor" shall mean, in the application of this schedule
to ... Ireland, the Lord Chancellor of Ireland.