Army Pensions Act, 1943

Pensions in respect of disablements due to disease attributable to service during the emergency period where disability is less than 80 per cent. but not less than 50 per cent.

6.—(1) Where an application is duly made on or after the date of the passing of this Act by a person for a disability pension under section 10 of the Act of 1927, as amended by this Act, and such application is referred to the Army Pensions Board under the terms of section 7 of the Act of 1927, then if such person is at the date of his examination by the Army Pensions Board suffering from a disablement due to disease attributable to service in the forces during the emergency period, 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., and 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 examination, 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.

In this sub-section—

the expression “disability pension” means a pension under section 10 of the Act of 1927, as amended by this Act.

(2) 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 these sections respectively.

(3) In this section—

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.