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Right of review when disability due to disease is less than fifty per cent.
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8.—(1) Where a person to whom a grant of a pension under—
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(a) section 26 of the Act of 1937,
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(b) section 6 of the Act of 1941,
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(c) section 6 of the Act of 1943, or
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(d) section 5 of the No. 2 Act of 1960,
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was or is refused solely on the ground that his degree of disablement was less than fifty per cent. such person may, at any time in the first instance, and not earlier than two years after his first or most recent application (as the case may be) in any other instance, apply to the Minister to have his application for a pension reviewed provided that such person furnishes to the Minister sufficient medical evidence to show that the degree of his disablement is not less than fifty per cent.
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(2) The Minister may, if he is satisfied that special circumstances exist, permit a person to whom subsection (1) of this section applies to apply for a review of his application for a pension before the expiration of two years after the first or most recent application (as the case may be) for such review.
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(3) Where a person makes an application under this section, the Minister may request the Army Pensions Board to re-examine that person and re-assess his degree of disablement.
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(4) If the degree of disablement of that person is found on a re-assessment under this section to be not less than eighty per cent. the Minister may, if he so thinks fit, grant a pension of an amount appropriate to the degree of disablement so re-assessed.
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(5) A pension granted to any person as a result of a re-assessment under this section in respect of disablement due to disease and based on a degree of disablement of not less than eighty per cent. shall be deemed to be a final grant of pension under the Act of 1927 or the Act of 1932, as the case may be.
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(6) If the degree of disablement of the applicant is found on a re-assessment under this section to be less than eighty per cent. but not less than fifty per cent. the Minister may, if he so thinks fit, grant to that person a final pension under section 26 of the Act of 1937, section 6 of the Act of 1941, section 6 of the Act of 1943 or section 5 of the No. 2 Act of 1960, as the case may be.
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(7) Every pension granted to a person under this section shall commence from such date (being not earlier than the date of the passing of this Act) as the Minister may determine.
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