Army Pensions Act, 1949

Restoration of pensions and allowances forfeited or terminated under section 11 of the Act of 1923.

2.—(1) Where any pension or allowance, (including a special allowance), under the Acts is forfeited or terminated (whether before or after the passing of this Act) under section 11 of the Act of 1923, the Minister may, subject to this section, by order, made with the consent of the Minister for Finance, restore such pension or allowance either in whole or in part.

(2) Where a pension or allowance, (including a special allowance), is restored in part under subsection (1) of this section, the Minister may by order, made with the consent of the Minister for Finance, restore the balance of such pension or allowance.

(3) The power conferred by this section to restore a pension shall, if the pension is a temporary pension, be exercisable only where the Army Pensions Board, on examination of the pensioner, report that the appropriate minimum degree of disablement exists in respect of the disability for which the pension was payable when it was forfeited or terminated.

(4) Where a pension which was the subject of a final grant before forfeiture or termination is restored under this section such pension shall to the extent to which it is restored be likewise final.

(5) Payment of any pension or allowance, (including a special allowance), or part of any pension or allowance, (including a special allowance), which has been restored under this section shall be made from such date (not being earlier than the date of the order restoring it) as the Minister may determine.