War Pensions Act 1920

1920 CHAPTER 23 10 and 11 Geo 5

An Act to amend the War Pensions Acts, 1915 to 1919, and the Ministry of Pensions Act, 1916.

[4th August 1920]

Modifications etc. (not altering text)

C1 Functions of Minister of Pensions now exercisable by Secretary of State: S.I. 1953/1198 (1953 I, p. 1228), Ministry of Social Security Act 1966 (c. 20), s. 2 and S.I. 1968/1699

C2 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

1 Amendment of 6 & 7 Geo. 5. c. 65. U.K.

(1) The powers and duties transferred from . . . F1 , the Commissioners of the Royal Hospital for Soldiers at Chelsea, . . . F1 to the Minister by the M1 Ministry of Pensions Act, 1916, shall, except in so far as those powers and duties relate to pensions or grants to which the War Pensions Acts as amended by this Act apply, or to pensions or grants awarded in respect of wounds, disabilities, or other matters suffered, incurred, or happening in any war which occurred before the fourth day of August, nineteen hundred and fourteen, be re-transferred to . . . F1 , the Commissioners, . . . F1 , the expressions “the present war,” “the great war,” or “the war” in any Warrants or Orders in Council relating to pensions grants, or allowances administered by the Minister shall have the same meaning as by virtue of this Act the expression “the present war” has in the War Pensions Acts, and all such Warrants and Orders in Council shall be construed and have effect accordingly.

(2) The expression “pension” . . . F1 in subsection (3) of section two of the M2 Air Force (Constitution) Act, 1917, shall, in relation to officers, include a wounds pension awarded to an officer who is at any time after the date on which this subsection comes into operation in receipt of retired pay, or in the case of a naval warrant officer of a pension, granted under a Warrant or Order in Council administered by the Minister.

(3) If any question arises as to whether any pension, grant or allowance is a pension, grant, or allowance to which the War Pensions Acts as amended by this Act apply, that question shall be referred to the Minister, and the decision of the Minister thereon shall be conclusive.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F1 Words repealed by S.I. 1964/488

F2 S. 1(4) repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)

Marginal Citations

M1 1916 c. 65.

M2 1917 c. 51.

2 Application of War Pensions Acts. U.K.

The expression “the present war” in the War Pensions Acts shall mean any war carried on by His Majesty at any time during the period from the fourth day of August, nineteen hundred and fourteen, to the thirtieth day after the date fixed under the Termination of the M3 Present War (Definition) Act, 1918, as the date of the termination of the present war, both inclusive, and accordingly, unless the context otherwise requires, references in those Acts to pensions, grants, and allowances, and to deceased or disabled officers or men, shall respectively be construed as references to pensions, grants, and allowances, granted, made, or awarded in respect of wounds, disablements or other matters suffered, incurred, or happening during the said period, whether the officers or men to or in respect of whom the pensions, grants, or allowances are granted, made or awarded, retired or are discharged from the service, or die before the expiration of the said period, or whether they so retire or are discharged or die after the expiration of the said period, and to officers and men who have died or been disabled through causes arising out of their service during that period, whether they retire or are discharged from the service or die before the expiration of the said period, or whether they so retire, or are discharged, or die after the expiration of the said period:

Provided that nothing in this section shall affect the operation of section three of the M4 War Pensions (Administrative Provisions) Act, 1919.

Modifications etc. (not altering text)

C3 War of 1914-1918 terminated on 31st August 1921: S.R. & O. 1921/1276 (Rev. XVII, p. 364: 1921, p. 1348)

Marginal Citations

M3 1918 c. 59.

M4 1919 c. 53.

3—6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 U.K.

Textual Amendments

F3 Ss. 3–6, 12(2) repealed by Statute Law Revision Act 1927 (c. 42)

7 Restoration of forfeited pensions. U.K.

(1) The Minister may, in his discretion and upon such terms as he thinks fit, restore, either in whole or in part, any pension which has been forfeited under the M5 Forfeiture Act, 1870.

(2) During such time as any person whose pension has been forfeited, whether under the M6 Forfeiture Act, 1870, or otherwise, is undergoing imprisonment, the Minister may in his discretion pay or apply any part of the pension which may be restored under the foregoing provision or otherwise, or any allowance payable to that person during the continuance of the pension, to, or for the benefit of, the wife, children, or other dependants of that person.

(3) In this section the expression “pension” means any pension awarded or administered by the Minister in pursuance of any Warrant or Order in Council.

Modifications etc. (not altering text)

C4 S. 7(1) repealed (E.W.) with saving by Criminal Justice Act 1948 (c. 58), s. 83, Sch. 10 Pt. I

Marginal Citations

M5 1870 c. 23.

M6 1870 c. 23.

8 Statutory right of widow and children to a pension. U.K.

(1) The widow or dependant of a deceased officer or man shall be entitled to receive such pension, gratuity, or allowance as is awarded by the Minister under any Warrant or Order in Council for the time being in force in respect of that officer or man, and for the payment whereof money has 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.

(2) Section eight of the War Pensions (Administrative Provisions) Act, 1919 (which provides for appeals to pensions appeal tribunals), shall have effect as though the words “or parent or dependent” were inserted therein after the words “motherless child.”

Modifications etc. (not altering text)

C5 S. 8(1) amended by War Pensions Act 1921 (c. 49), s. 6

C6 The text of s. 8(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any repeals or amendments which may have been made prior to 1.2.1991

9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 U.K.

Textual Amendments

F4 S. 9 repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 1(1), Sch. 1 Pt. IX

10 Exemption from stamp duty. U.K.

Any . . . F5 document used in relation to the payment of any pension, grant, or allowance to which the War Pensions Acts apply shall, unless otherwise provided by the Warrant, or Order in Council, under which the pension, grant, or allowance is granted, made, or awarded, be exempt from stamp duty.

Textual Amendments

F5 Words repealed by Finance Act 1971 (c. 24), s. 36(8), Sch. 8 Pt. V and Finance Act (Northern Ireland) 1970 (c. 21), Sch. 3 Pt. III

11 Interpretation. U.K.

(1) Unless the context otherwise requires, the expression “Royal warrant” or “Warrant” in the War Pensions Acts shall include any order under the M7 Air Force (Constitution) Act, 1917, relating to pensions the administration of which is vested in the Minister.

(2) In this Act, unless the context otherwise requires—

• The expression “the Minister” means the Minister of Pensions:

• The expression “the War Pensions Acts” means the War Pensions Acts, 1915 to 1919, and this Act:

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

• The expression “theAct of 1918” means the War Pensions (Administrative Provisions) Act, 1918.

(3) This Act shall be construed as one with the War Pensions Acts, 1915 to 1919.

Textual Amendments

F6 Definition of “the Act of 1915” repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)

Marginal Citations

M7 1917 c. 51.

12 †Short title and repeal. U.K.

(1) This Act may be cited as the War Pensions Act, 1920, and the War Pensions Acts, 1915 to 1919, and this Act may be cited together as the War Pensions Acts, 1915 to 1920.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 Ss. 3–6, 12(2) repealed by Statute Law Revision Act 1927 (c. 42)

Modifications etc. (not altering text)

C7 Unreliable marginal note