Army Pensions Act, 1946

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Pension under section 10 of the Act of 1927 in respect of disablement caused by disease attributable to service during the emergency period or pension or gratuity under section 12 of the Act of 1927 in respect of disablement due to a wound attributable to such service, where pensioner was granted a wound gratuity under the Acts.

7.—Where—

(a) a person is discharged from the forces on or after the 3rd day of September, 1939 (whether before or after the passing of this Act), and

(b) such person had been granted a gratuity under the Acts in respect of a disablement caused by a wound attributable to service rendered before the commencement of the emergency period, and

(c) such person is at the date of his discharge suffering from a disablement (in this subsection referred to as the emergency-period disablement) caused by disease or due to a wound attributable to service in the forces during the emergency period, and

(d) such person applies for a pension in respect of the emergency-period disablement, and

(e) such person is at the date of his examination by the Army Pensions Board suffering from the emergency-period disablement,

the following provisions shall, notwithstanding anything contained in section 20 of the Act of 1927, have effect, that is to say:—

(i) in case the emergency-period disablement was caused by disease, such person may, if the degree of the emergency-period disablement is not less than eighty per cent., be granted a pension under section 10 of the Act of 1927 in respect of the emergency-period disablement.

(ii) in case the emergency-period disablement was caused by a wound, such person may be granted a pension or gratuity (whichever is appropriate having regard to the degree of the emergency-period disablement) under section 12 of the Act of 1927 in respect of the emergency-period disablement.