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Right of review when disability aggravated etc. by service is less than the relevant minimum.
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9.—(1) Where a person to whom a grant of a pension under—
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(a) section 28 or 29 of the Act of 1937,
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(b) section 12 of the Act of 1946, or
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(c) section 7 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 or is less than the relevant minimum, 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 the relevant minimum.
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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 the relevant minimum, 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) Every pension granted to a person by virtue of 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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