Army Pensions Act, 1949

Amendment of section 7 of the Act of 1943.

9.—(1) Section 7 of the Act of 1943 is hereby amended by the insertion, in lieu of subsection (7) of the following subsection—

“(7) (a) A special allowance shall be subject to periodic review (not more frequently than once a year) and if it appears, as the result of any such review, that the person to whom such allowance was granted has ceased, by reason of his yearly means, to be entitled to such allowance, or to such allowance at the rate then payable, the allowance shall (as the case may require) either be terminated, or reduced to the appropriate rate as from the date of review;

(b) Where a person who is incapable of self-support by reason of permanent infirmity of body or mind is granted a special allowance the Minister in his discretion may at any time review such person's medical condition, and if, as the result of any such review, the Minister is satisfied that such person no longer fulfils the statutory condition relating to permanent infirmity the special allowance shall be terminated as from the date of review;

(c) For the purposes of this subsection the date of review shall be taken to be the day after the day on which the current grant of special allowance ceases.”

(2) The definition (contained in subsection (9) of section 7 of the Act of 1943, as amended by subsection (1) of section 14 of the Act of 1946) of the expression “qualified person” is hereby amended in the following respects—

(i) the following two paragraphs shall, with effect as on and from the 27th day of February, 1946, be inserted in lieu of paragraphs (a) and (b)—

“(a) a certificate of military service under the Military Service Pensions Act, 1924 (No. 48 of 1924), or a service certificate under the Military Service Pensions Act, 1934 (No. 43 of 1934), in respect of service during any part of the period which commenced on the 23rd day of April, 1916, and ended on the 11th day of July, 1921, or

(b) a wound or disability pension under the Acts in respect of a wound received or a disability contracted in the said period, or”;

(ii) the reference in paragraph (aa) to an application made before the 1st day of January, 1947, shall be construed as a reference to an application made not later than six months after the date of the passing of this Act;

(iii) the following paragraph shall, with effect as on and from the 27th day of February, 1946, be inserted after paragraph (b),—

“(c) a medal in respect of service during any part of the week which commenced on the 23rd day of April, 1916;”.

(3) Subsection (8) of section 7 of the Act of 1943, is hereby amended by the insertion before the word and figure “Sections 9” of the words and figures “Subsection (1) of section 6 and”.