Army Pensions Act, 1941
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Disability pensions in respect of disease attributable to service where disability is less than 80 per cent. and not less than 50 per cent. |
6.—(1) Where an application is made on or after the date of the passing of this Act by a person for a disability pension and such application is referred to the Army Pensions Board under section 9 of the Act of 1932, then, if such person is at the date of his examination by the Army Pensions Board suffering from a disease attributable to military service, within the meaning of Part II of the Act of 1932, the following provisions shall have effect, that is to say:— | |
(a) if his degree of disablement is found on the date of such examination to be less than eighty per cent. but not less than fifty per cent., there may be granted to such person a final pension of fifteen shillings per week commencing from such date (not being earlier than the date of the passing of this Act) as the Minister may determine; | ||
(b) if his degree of disablement is found on the date of such examination to be not less than eighty per cent. but is found on any periodical re-examination to be less than eighty per cent. but not less than fifty per cent., there may be granted to such person, if he applies to the Minister therefor not later than twelve months after such re-examination, a final pension of one pound per week commencing on such date (not being earlier than the date of the cesser of his former disability pension) as the Minister may determine; | ||
(c) where such person is granted a pension under this sub-section, no disability pension shall be granted or payable to him. | ||
(2) Every application for a pension under this section shall be in such form and contain such particulars as the Minister may direct. | ||
(3) Sections 9 to 14 of the Act of 1923 shall apply in respect of pensions granted under this section and to persons to whom such pensions are payable as if such pensions were the pensions mentioned in those sections respectively. | ||
(4) Sub-section (4) of section 26 of the Act of 1937 shall not apply in any case where an application for a disability pension is made later than the 2nd day of June, 1938. | ||
(5) In this section— | ||
the expression “disability pension” means a pension under sub-section (2) of section 10 of the Act of 1932; | ||
the expression “degree of disablement” has the same meaning as in the Act of 1927; | ||
the expression “periodical re-examination” means a periodical re-examination under section 6 of the Act of 1923. |