Mental Treatment Act, 1945
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Ascertainment of continuation of incapacity. |
75.—(1) Where a person is entitled under section 67 , section 69 , or section 71 of this Act to receive an allowance or is entitled under section 74 of this Act to receive an increased allowance, the following provisions shall have effect:— | |
(a) the mental hospital authority by whom the allowance is payable shall from time to time ascertain whether or not the incapacity of such person continues and, for that purpose, may require him to submit himself from time to time to such medical examinations as they may arrange; | ||
(b) if such person fails or refuses to submit himself to any such medical examination, he shall cease to be entitled to receive the allowance; | ||
(c) if at least two registered medical practitioners certify that such person's incapacity has ceased, the authority may, in their discretion, but subject to the consent of the Minister, cancel the allowance and, if they do so, such person shall cease to be entitled to receive the allowance as from the date on which it is cancelled and the authority may, in their discretion, offer him a position in their service of a kind and at a rate of salary or wages at least equal to that enjoyed by him when formerly in their service. | ||
(2) The obligations under this section of a mental hospital authority in regard to any particular person in receipt of an allowance shall cease— | ||
(a) where the name of such person was, immediately before he resigned or otherwise ceased to hold office or employment, entered in the register maintained by the authority under this Part of this Act—on such person's attaining the age of fifty-five years, and | ||
(b) in any other case—on such person's attaining the age of sixty years. | ||
(3) Where a registered medical practitioner examines a person for the purposes of this section and the practitioner is not an officer of the mental hospital authority by whom the examination was arranged, such authority shall pay to the practitioner a fee of one guinea for the examination. | ||
(4) Nothing in this section shall render any period of service under a mental hospital authority of any of their officers or servants reckonable more than once for the purpose of calculating a lump sum payable under this Part of this Act. |