Army Pensions Act, 1937
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PART V. Disability pensions in respect of disablements due to disease attributable to service where disability is less than eighty per cent. and not less than fifty per cent. | ||
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Disability pensions in respect of disablements due to disease attributable to service where disability is less than 80 per cent, and not less than 50 per cent. |
26.—(1) Where an application by a person for a disability pension was, before the date of the passing of this Act, refused solely on the ground that the disablement from which he was suffering was less than eighty per cent. in degree, and such person applies to the Minister, before the 1st day of July, 1938, for re-examination by the Army Pensions Board under this sub-section, the Minister shall request the Army Pensions Board to re-examine such person, and thereupon the following provisions shall have effect, that is to say:— | |
(i) the Army Pensions Board shall re-examine such person accordingly; | ||
(ii) if his degree of disablement is at the date of such re-examination less than eighty per cent. and not less than fifty per cent., there may be granted to such person a final pension of fifteen shillings per week commencing on such date (not being earlier than the date of the passing of this Act) as the Minister may determine; | ||
(iii) if his degree of disablement is at the date of such re-examination not less than eighty per cent. but such person is not awarded a disability pension, there may be granted to such person a final pension of fifteen shillings per week commencing from such date (not being earlier than the date of the passing of this Act) as the Minister may determine; | ||
(iv) if his degree of disablement is at the date of such re-examination not less than eighty per cent. and such person is awarded a disability pension, but his degree of disablement is found on any subsequent periodical re-examination to be less than eighty per cent., but not less than fifty per cent., there may be granted to such person, if he applies to the Minister therefor not later than twelve months after such periodical re-examination, a final pension of one pound per week commencing on such date (not being earlier than the date of the cesser of such disability pension) as the Minister may determine; | ||
(v) where such person is granted a pension under this sub-section, no disability pension shall be granted to or payable to such person. | ||
In this sub-section the expression “disability pension” means a pension under section 9 or section 10 or section 13 of the Act of 1927, or a pension under sub-section (2) of section 10 of the Act of 1932. | ||
(2) Where a person was, before the date of the passing of this Act, in receipt of a disability pension and such person is not at the said date in receipt of such disability pension by reason of his degree of disablement having fallen below eighty per cent., and such person applies to the Minister before the 1st day of July, 1938, for re-examination by the Army Pensions Board under this sub-section, the Minister shall request the Army Pensions Board to re-examine such person, and thereupon the following provisions shall have effect, that is to say:— | ||
(i) the Army Pensions Board shall re-examine such person accordingly; | ||
(ii) if his degree of disablement is at the date of such re-examination less than eighty per cent. but not less than fifty per cent., there may be granted to such person a final pension of one pound per week commencing on such date (not being earlier than the date of the passing of this Act) as the Minister may determine; | ||
(iii) if his degree of disablement is at the date of such re-examination not less than eighty per cent. and such person is awarded a disability pension, but his degree of disablement is on any subsequent periodical re-examination found to be less than eighty per cent. and not less than fifty per cent., there may, if he applies to the Minister therefor, not later than twelve months after such periodical re-examination, be granted to such person a final pension of one pound per week commencing on such date (not being earlier than the date of the cesser of such disability pension) as the Minister may determine; | ||
(iv) where such person is granted a pension under this sub-section, no disability pension shall be granted or payable to him. | ||
In this sub-section the expression “disability pension” means a pension under section 9 or section 10 or section 13 of the Act of 1927 or a pension under sub-section (2) of section 10 of the Act of 1932. | ||
(3) Where a person is on the date of the passing of this Act in receipt of a disability pension and his degree of disability is subsequently found on any periodical re-examination to be less than eighty per cent. and not less than fifty per cent. and such person applies, within twelve months after the date of such periodical re-examination, for a pension under this sub-section, the following provisions shall have effect, that is to say:— | ||
(i) there may be granted to such person a final pension of one pound per week commencing from such date (not being earlier than the date of the cesser of such disability pension) as the Minister may determine, | ||
(ii) where a pension is granted under this sub-section to such person no disability pension shall be granted or payable to such person. | ||
In this sub-section the expression “disability pension” means a pension under section 9 or section 10 or section 13 of the Act of 1927 or a pension under sub-section (2) of section 10 of the Act of 1932. | ||
(4) Where— | ||
(a) an application is duly made before the date of the passing of this Act by a person for a disability pension and such application is not referred, before the said date, to the Army Pensions Board under section 9 of the Act of 1932, but is subsequently so referred, or | ||
(b) an application is duly made before the said date for a disability pension and such application is before the said date referred to the Army Pensions Board under the said section 9 , but such person has not been examined by the Army Pensions Board before the said date, or | ||
(c) an application is made on or after the said date by a person for a disability pension and such application is referred to the Army Pensions Board under the said section 9 , | ||
then, if such person is at the date of his examination by the Army Pensions Board suffering from a disease attributable to military service, within the meaning of Part II of the Act of 1932, the following provisions shall have effect, that is to say:— | ||
(i) if such examination takes place before the 30th day of June, 1938, and his degree of disablement is found on the date of such examination to be less than eighty per cent. and not less than fifty per cent., there may be granted to such person, if he applies to the Minister therefor not later than twelve months after such examination, a final pension of fifteen shillings per week commencing from such date (not being earlier than the date of the passing of this Act) as the Minister may determine, | ||
(ii) if such examination takes place on or after the 30th day of June, 1938, and his degree of disablement is found on the date of such examination to be less than eighty per cent. but not less than fifty per cent., there may be granted to such person a final pension of fifteen shillings per week commencing from such date (not being earlier than the date of the passing of this Act) as the Minister may determine, | ||
(iii) if his degree of disablement is found on the date of such examination to be not less than eighty per cent. but is found on any periodical re-examination to be less than eighty per cent. but not less than fifty per cent., there may be granted to such person, if he applies to the Minister therefor, not later than twelve months after such re-examination, a final pension of one pound per week commencing on such date (not being earlier than the date of the cesser of his former disability pension) as the Minister may determine, | ||
(iv) where such person is granted a pension under this sub-section, no disability pension shall be granted or payable to him. | ||
In this sub-section— | ||
the expression “disability pension” means a pension under sub-section (2) of section 10 of the Act of 1932. | ||
(5) Every application for re-examination by the Army Pensions Board under this section and for a pension under this section shall be in such form and contain such particulars as the Minister may direct. | ||
(6) Sections 9 to 14 of the Act of 1923 shall apply in respect of pensions granted under this section and to persons to whom such pensions are payable as if such pensions were the pensions mentioned in those sections respectively. | ||
(7) Persons applying under this section for re-examination by the Army Pensions Board shall for the purposes of section 21 of the Act of 1927 be deemed to be applicants for the pensions mentioned in sub-section (1) of the said section 21. | ||
(8) In this section— | ||
the expression “degree of disablement” has the same meaning as in the Act of 1927; | ||
the expression “periodical re-examination” means a periodical re-examination under section 6 of the Act of 1923. |