Superannuation and Pensions Act, 1923
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Grant of Pensions &c. to members of Criminal Investigation Department &c. |
4.—(1) If the Minister for Home Affairs certifies in respect of any person who is or shall be suffering from any disablement due to a wound | |
(a) that such person was at the time he received such wound a member of an organisation to which this section applies; | ||
(b) that such person received such wound while performing his duty as such member and without serious negligence or misconduct on his part; and | ||
(c) that such person was, previous to the date of such certificate, discharged from such organisation as being medically unfit for further service therein, | ||
the Minister aforesaid may with the sanction of the Minister for Finance grant to such person the like wound pension or gratuity, and, if a married man, the like further pension as could be granted to such person under Sections 1 and 2 of the 3 (No. 26 of 1923), if he were an officer or a soldier (as the case may require) to whom a wound pension or gratuity or a further pension could be granted under those sections. | ||
(2) If the Minister for Home Affairs certifies in respect of any person who has been or shall be killed or who has or shall have received a wound and has or shall have died within three years after receiving such wound and solely in consequence thereof | ||
(a) that such person was at the time he was killed or received such wound a member of an organisation to which this section applies; and | ||
(b) that such person was killed or received such wound while performing his duty as such member and without serious negligence or misconduct on his part, | ||
the Minister aforesaid may with the sanction of the Minister for Finance, grant to the widow, children, dependants or partial dependants of such person the like allowances and gratuities as could be granted to such widow, children, dependants or partial dependants under Section 7 of the Army Pensions Act, 1923 , if such person were an officer or a soldier (as the case may require) to whose widow, children, dependants or partial dependants an allowance or gratuity could be granted under that section. | ||
(3) Every pension granted under this section shall commence from the date on which the person to whom it is granted was or is discharged from the organisation of which he was or is a member, and every allowance granted under this section shall commence from the date of the death of the person in respect of whom such allowance is payable or from such later date as the Minister for Home Affairs shall in any particular case appoint. | ||
(4) Sections 5 , 10 , 11 , 12 , 13 and 14 of the Army Pensions Act, 1923 , and all regulations made by the Minister for Defence under Section 6 of that Act shall apply to pensions, allowances and gratuities granted under this section in the like manner as those sections and regulations apply to pensions, allowances, and gratuities granted under that Act save that the word “Minister” in the said Sections 5 , 10 and 11 shall mean the Minister for Home Affairs, and the expression “Ministry of Defence” in the said Section 12 shall include the Ministry of Home Affairs. | ||
(5) This section applies to those armed organisations specially raised, before the passing of this Act, by the Minister for Home Affairs for the maintenance of order or the protection of persons or property, under the respective designations of the Criminal Investigation Department, the Citizens' Defence Force, and the Protective Force. | ||
(6) For the purpose of determining the rate of any wound pension or further pension or the amount of any allowance or gratuity to be granted under this section, the person to or in respect of whom the same is granted shall be deemed to have held the rank in the forces which shall be certified by the Minister for Home Affairs to correspond most closely to the rank held by such person in the organisation of which he was a member. | ||
(7) All words and expressions used in this section which are also used in the Army Pensions Act, 1923 , have the same meanings in this section as they respectively have in that Act, save that the word “wound” when used in relation to a member of an organisation to which this section applies means any wound or injury received by such member in the course of his duty. |