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Revision of final pensions under the Act of 1937, the Act of 1946 and the No. 2 Act of 1960.
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4.—(1) Where a person to whom a final pension has been granted under—
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(a) section 28 or 29 of the Act of 1937,
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(b) section 12 of the Act of 1946, or
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(c) section 7 of the No. 2 Act of 1960,
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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—
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(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
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(ii) in case the pension is then suspended under this section, not less than the relevant minimum.
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(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.
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(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—
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(a) in case the person is at that time in actual receipt of the pension—
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(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 pension to an amount appropriate to the degree of disablement so re-assessed, or
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(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 a further application under this section, or
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(b) in case the pension of the person is at that time suspended under this section, then—
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(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 fix the pension at an amount appropriate to the degree of disablement so re-assessed, or
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(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.
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(4) Every increase of a pension 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 of a pension 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.
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(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 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.
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