Army Pensions Act, 1953

Review of special allowances.

42.—(1) An allowance under section 7 of the Act of 1943 (in this Act referred to as a special allowance) may be reviewed by the Minister at his discretion, either of his own volition or at the request of the person to whom such allowance was granted.

(2) If it appears as the result of a review under subsection (1) of this section that a person is not eligible for a special allowance or for such allowance at the rate payable immediately before the date of review, the allowance shall (as the case may require) either be terminated or reduced to the appropriate rate as from the date of the Minister's decision that such person is not eligible for a special allowance or for such allowance at the rate payable immediately before the date of review save that, where the death of a spouse or child is duly notified, the termination or reduction (as the case may be) shall have effect as from the date of such death.

(3) If it appears as the result of a review under subsection (1) of this section that a person is eligible for an increased allowance, the allowance may be increased to the appropriate rate as from the date of the Minister's decision that such person becomes eligible for the increased allowance.

(4) Where a person who is incapable of self-support by reason of permanent infirmity of body or mind is granted a special allowance the Minister in his discretion may at any time review such person's medical condition, and if, as the result of any such review, the Minister is satisfied that such person no longer fulfils the statutory condition relating to permanent infirmity the special allowance shall be terminated as from the date on which the Minister becomes satisfied that such person no longer fulfils the statutory condition relating to permanent infirmity.

(5) Subsection (7) of section 7 of the Act of 1943 (inserted by subsection (1) of section 9 of the Act of 1949) is hereby repealed.