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Re-investigation of certain applications under the Act of 1934.
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11.—(1) Where—
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(a) an application for a service certificate was made before the operative date, and
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(b) the Minister, under subsection (1) of section 10 of the Act of 1934, refused to grant a service certificate to the applicant, and
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(c) the applicant, not later than eighteen months after the operative date, sends to the Referee, through the Minister, a petition in writing requesting him to re-investigate the application on the ground that the applicant is in a position to prove facts sufficient to establish that he is a person to whom the Act of 1934 applies, and
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(d) the petition contains a statement of the said facts,
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the following provisions shall have effect—
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(i) if the Referee is of opinion that (having regard to the facts alleged in the petition and to the evidence previously before the Referee in any proceedings had in relation to the application under the Act of 1934) there is a prima facie case that the applicant is a person to whom the Act of 1934 applies, the Referee shall re-investigate the application,
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(ii) if the Referee is not of that opinion, he shall refuse to re-investigate the application and inform the Minister accordingly.
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(2) Where the Referee is required by subsection (1) of this section to re-investigate an application for a service certificate—
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(a) the provisions of the Act of 1934 shall apply as if—
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(i) the Minister had not, before the operative date, referred the application to the Referee under subsection (1) of section 8 of the Act of 1934, and
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(ii) the Minister had, after the operative date, so referred the application,
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(b) if a pension under the Act of 1934 is granted to the applicant, the pension shall, notwithstanding anything contained in the Act of 1934, commence on—
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(i) in case the applicant is serving in the Defence Forces on the operative date, the date of his discharge therefrom,
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(ii) in any other case, such date (not being earlier than the operative date) as the Minister may appoint.
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(3) The Minister may make rules prescribing the procedure of the Referee under subsection (1) of this section.
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(4) In this section the word “evidence” includes any information obtained as the result of inquiries made by the Referee or on his behalf or furnished by any person.
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