Army Pensions Act, 1937

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Conclusiveness of certain findings of the Army Pensions Board.

47.—(1) The findings of the Army Pensions Board, as set out in their report (whether made before or after the passing of this Act) under the Acts or this Act in regard to the following matters arising in respect of any application under the Acts or this Act shall, subject to any revision of such findings by the Army Pensions Board under sub-section (2) of this section, be final and conclusive and binding on all persons and tribunals whatsoever, that is to say:—

(a) the attributability of a wound, or disease to service;

(b) the attributability of a disablement to a wound or disease attributable to service;

(c) the attributability of an increase in a disablement, caused by a disease attributable to service, to such service;

(d) the attributability of death to service;

(e) the attributability of death to a wound or disease attributable to service;

(f) the attributability of death to a wound or disease in respect of which a pension was granted under the Acts;

(g) the attributability of the aggravation of a wound or disease to a subsequent wound or disease or to service;

(h) the attributability of the acceleration or excitation of a disease to a subsequent wound or disease or to service;

(i) the date on which a disablement, due to a wound or a disease, which was aggravated, accelerated or excited by a wound, a disease or service, first manifested itself;

and references in this section to a report shall be construed as references to a report made by the Army Pensions Board so far as such report relates to any of the matters mentioned in this sub-section.

(2) Where the Army Pensions Board have under the Acts or this Act made a report to the Minister, the Minister may, on the ground that evidence not available prior to the issue of such report has since become available, at any time request the Army Pensions Board to review their report, and the Army Pensions Board shall thereupon review such report and may either, as they think fit, confirm or vary such report.

(3) Where a report, which was made by the Army Pensions Board in respect of an application made by any person for a pension, gratuity or allowance under the Acts, is reviewed under sub-section (2) of this section and is varied on such review, the following provisions shall have effect, that is to say:—

(a) in case it appeared from such report, as originally made, that such person was not a person (in this paragraph referred to as a qualified person) to whom a pension, allowance, or gratuity could be granted under the Acts and it appears from such report, as so varied, that such person is a qualified person, then, the Minister may grant to such person such pension, allowance, or gratuity (if any) as could have been granted under the Acts if such report as so varied were the original report, and any such pension or allowance so granted shall commence from such date (not being earlier than the date of the passing of this Act) as the Minister may determine;

(b) in case it appeared from such report, as originally made, that such person was a person (in this paragraph referred to as a qualified person) to whom a pension or allowance could be granted under the Acts and a pension or allowance was granted to him accordingly, and it appears from such report, as so varied, that such person is not a qualified person, the Minister shall by order revoke such pension or allowance as from the date of such order;

(c) in case it appeared from such report, as originally made, that such person was a person (in this paragraph referred to as a qualified person) to whom a pension could be granted under the Acts and a pension was granted to him accordingly, and it appears from such report, as so varied, that such person is a qualified person and the amount of such pension is greater or less than the amount to which, having regard to the terms of such report as so varied, he is entitled, the Minister shall by order decrease or increase such pension accordingly as from such date (not being earlier than, in case such pension is decreased, the date of such order or, in case such pension is increased the date of the passing of this Act) as the Minister may determine.

(4) In this section—

the expression “the Acts” means the Acts, as amended by Part III and Part IV of this Act;

the word “service” means service which is either—

(a) service in the forces, or

(b) military service within the meaning of Part II of the Act of 1932.