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Revision of final grants of pensions under the Acts of 1923 and 1927.
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24.—(1) Where a final grant of a pension to any person has been made under the Acts of 1923 and 1927, and such person at any time or times within ten years from the date of such final grant represents to the Minister that the degree of his disablement at the time of such representation is, in case such person is then in actual receipt of such pension, ten per cent. or more in excess of his previous degree of his disablement, or in case such pension is then suspended under this section, is not less than the relevant minimum, and furnishes prima facie evidence which is in the opinion of the Minister satisfactory in support of such representation, the Minister may request the Army Pensions Board to re-examine medically such person and re-assess his degree of disablement, and upon such re-assessment being made the following provisions shall have effect, that is to say:—
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(a) in case such person is at the time in actual receipt of such pension, then—
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(i) if the degree of his disablement is found on such re-assessment to be greater than his previous degree of disablement or less than his previous degree of disablement but not less than the relevant minimum, the Minister may, if he so thinks fit, increase or reduce (in accordance with such assessment) the amount of such pension to an amount appropriate under the said Act to the case of a person suffering from a degree of disablement corresponding to the degree so re-assessed, or
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(ii) if the degree of his disablement is found on such re-assessment to be less than the relevant minimum the Minister may, if he so thinks fit, suspend such pension, without prejudice however to the right of such person to make a further representation under this section within the time limited by this section; or
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(b) in case the pension of such person is at the time suspended under this section, then—
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(i) if the degree of his disablement is found on such re-assessment to be not less than the relevant minimum, the Minister may, if he so thinks fit, remove such suspension and fix the pension at an amount appropriate under the said Act to the case of a person suffering from a degree of disablement corresponding to the degree so re-assessed, or
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(ii) if the degree of his disablement is found on such re-assessment to be less than the relevant minimum, such pension shall continue to be suspended without prejudice however to the right of such person to make a further representation under this section within the time limited by this section.
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(2) Every increase of a pension or removal of suspension of payment of a pension under this section shall take effect from such date (not being earlier in any case than the 1st day of April, 1932,) as the Minister thinks proper and every decrease of a pension or suspension of a pension under this section shall take effect from such date (not being earlier than the date of the re-assessment which resulted in such decrease or suspension) as the Minister thinks proper.
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(3) In this section the expression “relevant minimum” means in relation to a disablement attributable to a wound 20 per cent. and in relation to a disablement attributable to disease 80 per cent.
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(4) References in this section to the previous degree of disablement of a person making a representation under this section shall be construed as referring to the degree of disablement by reference to which the amount of the final grant of the pension to such person was made or if the degree of disablement of that person was re-assessed under this section, to the degree of disablement as last so re-assessed before the making of such representation.
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