Military Service Pensions Act, 1934

Persons to whom this Act applies.

3.—(1) This Act applies to every person—

(a) who served in the Forces at any time during the week commencing on the 23rd day of April, 1916, or who served in the Forces continuously during either of the following periods, that is to say, the period commencing on the 1st day of April, 1920, and ending on the 31st day of March, 1921, and the period commencing on the 1st day of April, 1921, and ending on the 11th day of July, 1921, and

(b) who served in the Forces at any time during the period commencing on the 1st day of July, 1922, and ending on the 30th day of September, 1923, and

(c) who is not a person to whom the Act of 1924 applies.

(2) Where a person who is not a person to whom the Act of 1924 applies and who is not a person to whom, by virtue of the preceding sub-section of this section, this Act applies, has either—

(a) served in the Forces at any time during the week commencing on the 23rd day of April, 1916, or

(b) served in the Forces continuously during the period commencing on the 1st day of April, 1921, and ending on the 11th day of July, 1921,

this Act shall, notwithstanding anything contained in the foregoing sub-section of this section, apply to such person, but with and subject to the modification that, in respect of such person, the expression ‘the first critical date’ shall be construed as meaning the date during the said week or, if he did not serve during the said week, during the said period, on which he first served in the Forces in such week or such period (as the case may be) and the expression ‘the second critical date’ shall be construed as meaning the earliest date in the period between the first critical date in respect of such person and the 12th day of July, 1921, on which such person held his highest rank in such last-mentioned period in the Forces.

(3) The Act of 1924 shall, for the purposes of this section, be deemed not to apply to a person to whom that Act in fact applies but in respect of whom the Minister is satisfied either that because of such person having served in the Forces he did not apply for a certificate of military service under the said Act or that such person was refused such certificate because of his having been sentenced to imprisonment or penal servitude in respect of an act done by him in the execution of his duty as a member of the Forces.