Military Service Pensions (Amendment) Act, 1953

Amendment of section 4 of Act of 1924.

5.—(1) The reference to discharge contained in subsection (1) of section 4 of the Act of 1924 and the same reference contained in subsection (3) of that section shall each be construed as not including a reference to discharge for the purpose of being appointed to commissioned rank.

(2) Where a person was, before the passing of this Act, granted under section 4 of the Act of 1924 a pension under that Act commencing as from the day of his discharge for the purpose of being appointed to commissioned rank, the pension shall stand revoked as from the day from which it became payable.

(3) Where—

(a) a pension granted under section 4 of the Act of 1924 to a person stands revoked by virtue of subsection (2) of this section, and

(b) such person is granted after the passing of this Act under section 4 of the Act of 1924 a new pension under that Act commencing as from a day before the passing of this Act,

the following provisions shall have effect:

(i) if the aggregate of the payments made in respect of the revoked pension exceeds the aggregate of the arrears of the new pension, the arrears shall not be paid and the excess shall be recovered by nonpayment of the new pension to an extent equivalent to the excess,

(ii) if the aggregate of the payments made in respect of the revoked pension equals the aggregate of the arrears of the new pension, the arrears shall not be paid,

(iii) if the aggregate of the payments made in respect of the revoked pension is less than the aggregate of the arrears of the new pension, so much only of the arrears shall be paid as is equal to the amount by which the aggregate of the payments made in respect of the revoked pension is less than the aggregate of the arrears of the new pension.