Military Service Pensions Act, 1934

• Permanent Page URL

Revocation and reduction of pensions under the Act of 1924 and this Act by the Minister.

13.—(1) Where—

(a) in consequence of a report under the Act of 1924 a certificate of military service has been granted, or

(b) in consequence of a report under this Act a service certicate has been granted,

the Minister may, on the ground that evidence not available prior to the making of such report has since become available, at any time request the Referee to review such report, and the Referee shall thereupon review such report and, after nearing such additional evidence and any evidence which the person to whom such report relates may adduce, may, either as he thinks proper, confirm or vary such report.

(2) Where the Minister requests the Referee to review under this section a report under the Act of 1924 or a report under this Act on the ground that evidence not available prior to the making of such report has since become available, he shall inform the person to whom such report relates of such request and furnish him with a statement of such evidence.

(3) Where a report under the Act of 1924 is varied by the Referee under this section, the reference contained in sub-section (6) of section 3 of the Act of 1924, as amended by section 2 of the Act of 1930, to the findings of the board of assessors set out in such report shall be construed as a reference to the said findings as set out in such report as so varied.

(4) Where—

(a) the Referee on the review under this section of a report under the Act of 1924 or a report under this Act varies such report, and

(b) it appears from such report as varied that the person to whom such report relates is not, in case such report is a report under the Act of 1924, a person to whom that Act applies or, in case such report is a report under this Act, a person to whom this Act applies:

the following provisions shall have effect, that is to say:—

(i) in case such report is a report under the Act of 1924, the Minister shall revoke the certificate of service granted to such person, and shall, if a pension under the Act of 1924 has been granted to such person, by order revoke, as from a date not being earlier than the date of such order, such pension, and

(ii) in case such report is a report under this Act, the Minister shall revoke the service certificate granted to such person, and shall, if a pension under this Act has been granted to such person, by order revoke, as from a date not being earlier than the date of such order, such pension.

(5) Where—

(a) the Referee on the review under this section of a report under the Act of 1924 varies such report, and

(b) it appears from such report as varied that the person to whom such report relates is a person to whom the Act of 1924 applies,

the Minister shall alter the certificate of military service granted to such person so as to conform with such report as so varied, and shall, if a pension under the Act of 1924 was granted to such person and such pension was not revoked under the Act of 1925 and the amount of such pension is greater than the amount which would have been granted if such report as originally made had been in the same terms as such report as varied, by order reduce, from such date not being earlier than the date of such order, such pension to the amount which would have been the proper amount thereof under the Act of 1924, if such report as originally made had been in the same terms as such report after such variation.

(6) Where—

(a) the Referee on the review under this section of a report under this Act varies such report, and

(b) it appears from such report as varied that the person to whom such report relates is a person to whom this Act applies,

the Minister shall alter the service certificate granted to such person so as to conform with such report as so varied, and shall, if a pension under this Act was granted to such person and such pension was not revoked under this Act, and the amount of such pension is greater than the amount which would have been granted if such report as originally made had been in the same terms as such report as varied, by order reduce, from such date not being earlier than the date of such order, such pension to the amount which would have been the proper amount thereof under this Act if such report as originally made had been in the same terms as such report after such variation.

(7) In this section—

the expression “report under the Act of 1924” means a report (including any report varied under sub-section (6) of section 3 of the Act of 1924) made by the board of assessors under the Act of 1924 on an application for a certificate of military service.