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Re-examination of certain applications under the Act of 1924.
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6.—(1) Where—
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(a) an application for a certificate of military service was made before the operative date, and
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(b) the Minister, under subsection (2) of section 2 of the Act of 1924, refused to grant a certificate of military service to the applicant, and
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(c) the applicant, not later than eighteen months after the operative date, sends to the Board, through the Minister, a petition in writing requesting them to re-examine the application on the ground that he is in a position to prove facts sufficient to establish that he is a person to whom the Act of 1924 applies, and
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(d) the petition contains a statement of the said facts,
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the following provisions shall have effect—
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(i) if the Board are of opinion that (having regard to the facts alleged in the petition and to the evidence previously before the Board in any proceedings had in relation to the application under the Act of 1924) there is a prima facie case that he is a person to whom the Act of 1924 applies, the Board shall re-examine the application,
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(ii) if the Board are not of that opinion, the Board shall refuse to re-examine the application and inform the Minister accordingly.
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(2) Where the Board are required by subsection (1) of this section to re-examine an application for a certificate of military service—
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(a) the provisions of the Act of 1924 shall apply as if—
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(i) the Minister had not, before the operative date, referred the application to the Board under subsection (2) of section 2 of the Act of 1924, and
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(ii) the Minister had, on or after the operative date, so referred the application,
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(b) if a pension under the Act of 1924 is granted to the applicant, the pension shall, notwithstanding anything contained in the Act of 1924, commence on—
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(i) in case the applicant is serving in the Defence Forces on the operative date, the date of his discharge therefrom,
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(ii) in any other case, such date (not being earlier than the operative date) as the Minister may appoint.
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(3) The Minister may make rules prescribing the procedure of the Board under subsection (1) of this section.
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(4) In this section the word “evidence” includes any information obtained as the result of inquiries made by the Board or on their behalf or furnished by any person.
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