Army Pensions Act, 1946
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Pension under section 12 of the Act of 1927 in respect of disablement caused by disease or due to a wound attributable to service during the emergency period where pensioner in receipt of a wound pension under the Acts. |
5.—(1) Where— | |
(a) a person is discharged from the forces on or after the 3rd day of September, 1939 (whether before or after the passing of this Act), and | ||
(b) such person is at the date of his discharge in receipt of a pension (in this section referred to as the existing pension) under the Acts in respect of a disablement (in this section referred to as the pre-emergency-period disablement) caused by a wound attributable to service rendered before the commencement of the emergency period, and | ||
(c) such person is at the date of his discharge suffering from a disablement (in this section referred to as the emergency-period disablement) caused by disease or due to a wound attributable to service in the forces during the emergency period, and | ||
(d) such person applies for a pension in respect of the emergency-period disablement, and | ||
(e) such person is at the date of his examination by the Army Pensions Board suffering from the emergency-period disablement, | ||
the following provisions shall have effect, that is to say:— | ||
(i) notwithstanding section 20 of the Act of 1927, such person may be granted a pension (in this section referred to as an emergency-period pension) under section 12 of the Act of 1927 in respect of the emergency-period disablement, and for this purpose— | ||
(I) the pre-emergency-period disablement shall be deemed to have been due to a wound attributable to service in the forces during the emergency period, and | ||
(II) the emergency-period disablement, if caused by disease, shall be deemed to be due to a wound attributable to service in the forces during the emergency period, | ||
(III) if the sum total of the pre-emergency-period disablement and the emergency-period disablement exceeds one hundred per cent., the said sum total shall be reckoned as one hundred per cent; | ||
(ii) if such person is granted an emergency-period pension, the existing pension and the married pension (if any) payable to such person immediately before the commencement of the emergency-period pension shall cease on such commencement. | ||
(2) if— | ||
(a) an emergency-period pension is granted to any person, and | ||
(b) such person was in receipt of a married pension immediately before the commencement of the emergency-period pension, the following provisions shall have effect— | ||
(i) such person shall, for so long after such commencement as he continues to be a married man for the purposes of the Act of 1927, be entitled to be paid and receive a married pension, | ||
(ii) for the purposes of determining the rate of such married pension— | ||
(I) in case such person was an officer immediately before his discharge or was a soldier immediately before his discharge and was enlisted before the operative date— | ||
(A) the Minister shall, as soon as may be after the grant of the emergency-period pension, cause to be served by post on such person a notice requiring him, within a specified time (not being earlier than twenty-eight days after the date on which the notice is posted), to send to the Minister a statement in writing setting out whether he elects to have the married pension paid in case he was an officer immediately before his discharge, at the appropriate existing (married pension) rate or at the appropriate new (married pension) rate, or in case he was a soldier immediately before his discharge and was enlisted before the operative date, at the rate of five shillings per week or at the appropriate existing (married pension) rate or at the appropriate new (married pension) rate, | ||
(B) if such person complies with the notice, the married pension shall be payable to him at whichever of the said rates, specified in the notice, such person so elects to have it paid, | ||
(C) if such person does not comply with the notice, the married pension shall be payable at whichever of the said rates, specified in the notice, the Minister directs; | ||
(II) in case such person was a soldier immediately before his discharge and was enlisted on or after the operative date, the married pension shall be payable at the appropriate new (married pension) rate. | ||
(3) If— | ||
(a) an emergency-period pension is granted to any person, and | ||
(b) such person was not in receipt of a married pension immediately before the commencement of the emergency-period pension, and | ||
(c) either | ||
the emergency-period disablement was caused by disease and such person was at the date of his discharge, in the case of an officer, either in occupation of married quarters or in receipt of lodging, fuel and light allowance as a married officer, or in the case of a soldier, in receipt of marriage allowance as a married soldier, or | ||
the emergency-period disablement was due to a wound and such person was at the date on which he received the wound, in the case of an officer, a married man for the purposes of the Act of 1927, or, in the case of a soldier, in receipt of marriage allowance as a married soldier, and | ||
(d) such person is at the commencement of the emergency-period pension a married man for the purposes of the Act of 1927, | ||
the following provisions shall have effect— | ||
(i) such person shall, for so long after such commencement as he continues to be a married man for the purposes of the Act of 1927, be entitled to be paid and receive a married pension, | ||
(ii) for the purpose of determining the rate of such married pension— | ||
(I) in case such person was an officer immediately before his discharge and was commissioned before the operative date or was a soldier immediately before his discharge and was enlisted before the operative date— | ||
(A) the Minister shall, as soon as may be after the grant of the emergency-period pension, cause to be served by post on such person a notice requiring him, within a specified time (not being earlier than twenty-eight days after the date on which the notice is posted), to send to the Minister a statement in writing setting out whether he elects to have the married pension paid at the appropriate existing (married pension) rate or at the appropriate new (married pension) rate, | ||
(B) if such person complies with the notice, the married pension shall be payable at whichever of the said rates such person so elects to have it paid, | ||
(C) if such person does not comply with the notice, the married pension shall be payable at whichever of the said rates the Minister directs; | ||
(II) in case such person was an officer immediately before his discharge and was commissioned on or after the operative' date or was a soldier immediately before his discharge and was enlisted on or after the operative date, the married pension shall be payable at the appropriate new (married pension) rate. |