Military Service Pensions Act, 1934
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Reference of applications to the Referee and report thereon. |
8.—(1) The Minister shall refer every application for a service certificate to the Referee and thereupon the Referee shall investigate such application and make a report to the Minister thereon in accordance with this section. | |
(2) Every report by the Referee on an application for the grant of a service certificate referred to him shall contain findings on the following matters, that is to say:— | ||
(a) whether the applicant is or is not a person to whom this Act applies; | ||
(b) if the Referee finds that the applicant is a person to whom this Act applies— | ||
(i) the service periods during which the applicant served in the Forces, the particular military body or bodies (being part of the Forces) in which he served during each such service period, and the duration within each such period of his service in each such body, and | ||
(ii) the grade of rank in the Forces held by him on the second critical date, and, if he was serving in the Forces on the first critical date, the grade of rank held by him on that date, | ||
(iii) such other matters as may be prescribed. | ||
(3) Every report made by the Referee under this section shall be in the prescribed form. | ||
(4) The onus of proving before the Referee any matters of fact alleged in an application for a service certificate shall rest on the applicant and he shall be at liberty to offer such evidence as he may consider necessary to discharge such onus. | ||
(5) Where a report has been made by the Referee under this section on an application for a service certificate, the Minister may, on the ground that evidence not available prior to the making of such report has since become available, request the Referee to review such report, and the Referee shall thereupon review such report and, after considering such additional evidence and any evidence which the person to whom such report relates may adduce, may either, as he thinks proper, confirm or vary such report. | ||
(6) Where the Minister requests the Referee to review a report under this section on the grounds that evidence not available prior to the making of such report has since become available, he shall inform the person to whom such report relates of such request, and, unless such request was made on the motion of such person, furnish him with a statement of such evidence. | ||
(7) In this Act the expression “a report under this Act” means a report made by the Referee under sub-section (1) of this section, with such (if any) variations therein as may have been made under sub-section (5) of this section. | ||
(8) For the purposes of this section each of the periods specified in the second column of the Appendix to Rule 1 of the Second Schedule to this Act shall be a service period. |