Army Pensions Act, 1937
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Reference of applications for dependants' allowances to the Military Service Registration Board and the Army Pensions Board. |
39.—(1) Every application for a dependant's allowance in respect of a deceased person in respect of whom this Part of this Act applies shall be referred by the Minister to the Military Service Registration Board, and thereupon the provisions of section 8 of the Act of 1932, as amended by Part IV of this Act, shall apply in respect of such application and of the service certificate issued in respect of such deceased person by the said Board. | |
(2) Where the Minister after having referred under the immediately preceding sub-section to the Military Service Registration Board an application for the grant of a dependant's allowance in respect of a deceased person in respect of whom this Part of this Act applies, receives from the said Board a service certificate in respect of such deceased person, the Minister shall, unless it appears from such service certificate that such deceased person is not a deceased person (in this section referred to as a qualified person) in respect of whom this Part of this Act applies, refer the said application to the Army Pensions Board. | ||
(3) Where a service certificate, which was issued in respect of a deceased person in respect of whom an application was made for a dependant's allowance, is reviewed under sub-section (3) of section 8 of the Act of 1932, and varied on such review, the following provisions shall have effect, that is to say:— | ||
(a) in case it appeared from such certificate, as originally issued, that such deceased person was not a qualified person and it appears from such certificate, as so varied, that such deceased person is a qualified person, then the provisions of sub-section (2) of this section shall apply in respect of such application in like manner as if it appeared from such service certificate, before such variation, that such deceased person was a qualified person; | ||
(b) in case it appeared from such certificate, as originally issued, that such deceased person was a qualified person and a dependant's allowance in respect of such deceased person was accordingly granted, and it appears from such certificate, as so varied, that such deceased person is not a qualified person, the Minister shall by order revoke such allowance as from the date of such order. |