Army Pensions Act, 1946

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Pensions to members of the Forces in respect of tuberculosis aggravated, etc., by service during the emergency period.

12.—(1) Where—

(a) a person has been discharged from the Forces after the 3rd day of September, 1939, (whether before or after the passing of this Act), and

(b) such person is not entitled to a pension under the Acts or this Act, and

(c) such person is at the date of his examination by the Army Pensions Board suffering from a disablement (not being less in degree than eighty per cent.) due to tuberculosis aggravated, accelerated or excited by—

(i) a wound attributable to service in the Forces and received during the emergency period, or

(ii) a disease attributable to service in the Forces during the emergency period, or

(iii) service in the Forces during the emergency period,

there may be granted to such person a pension at the rate mentioned in the second column of the Second Schedule to this Act opposite to the appropriate degree of disablement in the first column of that Schedule.

(2) Every application for a pension under this section shall be referred by the Minister to the Army Pensions Board.

(3) The following provisions shall have effect in relation to applications for pensions under this section, that is to say:—

(a) every application shall be made to the Minister within twelve months from the operative date, or within four years from the date of discharge, whichever is the later;

(b) every application shall be in such form and contain such particulars as the Minister may direct.

(4) A pension granted to a person under this section shall commence on such day (not being earlier than the date of his discharge or the operative date, whichever is the later) as the Minister may determine.

(5) Section 6 and sections 9 to 14 of the Act of 1923, as amended by this Act, sections 21 and 23 of the Act of 1927, as amended by this Act, and subsection (2) of section 27 and section 31 of the Act of 1937, shall apply in respect of pensions under this section, persons who are or who claim to be entitled to such pensions, persons to whom such pensions are granted, and persons applying for such pensions, as if such pensions were the pensions mentioned in those sections respectively.