|
|
Revision of final pensions under the Act of 1923, the Act of 1927 and the Act of 1932.
|
2.—(1) Where—
|
|
| |
(a) a person to whom a final grant of pension has been made under the Act of 1923, the Act of 1927 or the Act of 1932, and
|
|
| |
(b) in respect of whom the period of ten years prescribed in section 19 or 24 of the Act of 1932 has expired,
|
|
| |
such person may, notwithstanding anything contained in the Acts, at any time in the first instance, and not earlier than two years after his first or most recent application (as the case may be) in any other instance, apply to the Minister to have the amount of his pension reviewed, provided that such person furnishes to the Minister sufficient medical evidence to show that the degree of his disablement is—
|
|
| |
(i) in case the person is then in actual receipt of the pension, ten per cent. or more in excess of his previous degree of disablement, or
|
|
| |
(ii) in case the pension is then suspended under this section, not less than the relevant minimum.
|
|
| |
(2) The Minister may, if he is satisfied that special circumstances exist, permit a person to whom subsection (1) of this section applies to apply for a review of the amount of his pension before the expiration of two years after the first or most recent application (as the case may be) for such review.
|
|
| |
(3) Where a person makes an application under this section, the Minister may request the Army Pensions Board to re-examine that person and re-assess his degree of disablement and, upon such re-assessment being made, the following provisions shall have effect—
|
|
| |
(a) in case that person is at that time in actual receipt of the pension, then—
|
|
| |
(i) if the degree of his disablement is found on such re-assessment to be greater than the previous degree of his disablement, or less than the previous degree of his disablement but not less than the relevant minimum, the Minister may, if he so thinks fit, increase or reduce the amount of the pension to an amount appropriate to the degree of disablement so re-assessed, or
|
|
| |
(ii) if the degree of his disablement is found on such re-assessment to be less than the relevant minimum, the Minister shall suspend the pension, without prejudice however to the right of the person to make further application under this section, or
|
|
| |
(b) in case the pension is at that time suspended under this section, then—
|
|
| |
(i) if the degree of his disablement is found on such re-assessment to be not less than the relevant minimum, the Minister may, if he so thinks fit, remove the suspension and grant the pension at an amount appropriate to the degree of disablement so re-assessed, or
|
|
| |
(ii) if the degree of his disablement is found on such re-assessment to be less than the relevant minimum, the pension shall continue to be suspended without prejudice however to the right of the person to make a further application under this section.
|
|
| |
(4) Every increase or removal of suspension of a pension under this section shall take effect from such date (being not earlier than the date of the passing of this Act) as the Minister thinks fit and every decrease or suspension of a pension under this section shall take effect from such date (being not earlier than the date of the re-assessment which resulted in such decrease or suspension) as the Minister thinks fit.
|
|
| |
(5) References in this section to the previous degree of disablement of a person making an application under this section shall be construed as referring to the degree of disablement by reference to which the amount of the final grant of the pension to the person was determined or, if the degree of disablement of the person was re-assessed under this section, to the degree of disablement as last so re-assessed before the making of the application.
|
|
| |
(6) Where—
|
|
| |
(a) a person is in receipt of a final grant of a pension in respect of disablement due to disease based on a degree of disablement of not less than eighty per cent.,
|
|
| |
(b) that person applies to the Minister under this section for a review of his pension,
|
|
| |
(c) the Minister refers the application to the Army Pensions Board for re-assessment, and
|
|
| |
(d) the Army Pensions Board re-assess the degree of that person's disablement at less than eighty per cent. but not less than fifty per cent., the Minister may, if he so thinks fit, grant to that person a final pension under section 26 of the Act of 1937, section 6 of the Act of 1941, section 6 of the Act of 1943 or section 5 of the No. 2 Act of 1960, as the case may be, commencing on such date (being not earlier than the date of the passing of this Act) as the Minister may determine.
|
