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Revision of final pensions under the Act of 1937, the Act of 1941, the Act of 1943 and the No. 2 Act of 1960.
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3.—(1) Where a person to whom a final pension has been granted 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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such person may, notwithstanding anything contained in the Acts, 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 the amount of his 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 eighty 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 the amount of his 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 and, upon such re-assessment being made the following provisions shall have effect—
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(a) in case that person is at that time in actual receipt of the pension, then—
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(i) if the degree of his disablement is found on such re-assessment 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, or
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(ii) if the degree of his disablement is found on such re-assessment to be less than fifty per cent., the Minister shall suspend the pension without prejudice however to the right of the person to make a further application under this section, or
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(b) in case the pension is at that time suspended under this section, then—
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(i) if the degree of his disablement is found on such re-assessment to be less than eighty per cent. but not less than fifty per cent., the Minister may, if he so thinks fit, remove the suspension and grant 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, or
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(ii) if the degree of his disablement is found on such re-assessment to be less than fifty per cent., the pension shall continue to be suspended without prejudice however to the right of the person to make a further application under this section.
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(4) Every pension granted to a person under this section based on a degree of disablement of not less than eighty per cent. or removal of suspension of a pension under this section shall commence from such date (being not earlier than the date of the passing of this Act) as the Minister thinks fit, and every suspension of a pension under this section shall take effect from such date (being not earlier than the date of the re-assessment which resulted in such suspension) as the Minister thinks fit.
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(5) Where a final grant of pension to which subsection (1) of this section applies has been made to a person and that person is, on the re-assessment of the degree of his disablement under this section, granted a pension by virtue of subsection (3) of this section, the final grant of pension shall, as on and from the date on which the pension granted by virtue of subsection (3) of this section commences, be revoked.
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(6) A pension granted 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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