Army Pensions Act, 1927

Double disablement.

24.—When a person is suffering from a disablement (hereinafter called the disease disablement) the degree of which is less than the minimum degree of disablement and the circumstances are such that such person could be granted a disability pension under this Act in respect of such disablement if the degree of such disablement equalled or exceeded the minimum degree of disablement, and such person is also suffering from a disablement (hereinafter called the wound disablement) in respect of which he has or could be granted or could if the degree of such disablement equalled or exceeded twenty per cent. be granted a wound pension under the Principal Act or under that Act as amended by this Act or under this Act then, for the purpose of determining whether a pension shall or shall not be granted to such person and the rate of such pension (if any) or whether a pension already granted to him shall or shall not be increased and the amount of such increase (if any), the following provisions shall have effect, that is to say:—

(a) the degree of his disablement shall be the sum total of the degree of the disease disablement and the degree of the wound disablement,

(b) if the said sum total exceeds one hundred per cent. the degree of his disablement shall be reckoned as one hundred per cent.,

(c) the whole of his disablement shall be deemed to have been occasioned by the cause which occasioned the disease disablement or the cause which occasioned the wound disablement, as may be most favourable to him, and

(d) if a pension is granted to him by virtue of this section, the pension (if any) previously granted to him shall cease on the commencement of the pension granted to him by virtue of this section.