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Finality of award under section 12 of the Act of 1927.
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49.—(1) Where an award of a gratuity under section 12 of the Act of 1927 in respect of a wound is made or an award of a pension or gratuity under that section in respect of a wound is refused, such award or the refusal of such award (as the case may be) shall, save as is otherwise provided by this section, be final and incapable of reconsideration or review.
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(2) Any person to whom an award of a gratuity under section 12 of the Act of 1927 in respect of a wound is made on or after the date of the passing of this Act or any person to whom an award of a pension or gratuity under that section in respect of a wound is refused on or after the date of the passing of this Act solely on the ground that such person is not suffering from any disablement may, within five years from the date of such award or the refusal of such award (as the case may be), apply to the Minister to have the amount of such award or the refusal of such award (as the case may be) re-considered and thereupon the Minister, if he thinks proper so to do, may refer the matter to the Army Pensions Board for re-consideration and may, on the report of the Army Pensions Board, grant to such person such pension or gratuity (if any) as could have been granted if such report had been made when the case was first investigated under the said section 12, subject to the limitation that any pension so granted shall not commence on a date earlier than the date which is found by the Army Pensions Board to be the date on which the disablement in respect of which such pension is granted first attained to twenty per cent.
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(3) Any person to whom an award of a gratuity under section 12 of the Act of 1927 in respect of a wound received on or after the 3rd day of September, 1939, was made before the date of the passing of this Act or any person to whom an award of a pension or gratuity under that section in respect of a wound received on or after the 3rd day of September, 1939, was refused before the date of the passing of this Act solely on the ground that such person was not suffering from any disablement may, within twelve months after the date of the passing of this Act, apply to the Minister to have the amount of such award or the refusal of such award (as the case may be) reconsidered and thereupon the Minister, if he thinks proper so to do, may refer the matter to the Army Pensions Board and may, on the report of the Army Pensions Board, grant to such person such pension or gratuity (if any) as could have been granted if such report had been made when the case was first investigated under the said section 12 subject to the limitation that any pension so granted shall commence on such date (not being earlier than the date of the passing of this Act or the date on which the disability is found by the Army Pensions Board to have reached twenty per cent. whichever is the later) as the Minister may determine.
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