Army Pensions Act, 1932

Grant of pensions and gratuities to certain persons.

10.—(1) Whenever a person in respect of whom a service certificate has been issued is examined by the Army Pensions Board and is at the date of his examination by that Board suffering from a disablement due to a wound attributable to military service, then—

(a) if the degree of such disablement (otherwise than by reason of the serious negligence or misconduct of such person) is at the date of his said examination not less than twenty per cent., such person may be granted a pension at the rate mentioned in the second column of the First Schedule to this Act opposite to the appropriate degree of disablement in the first column of that Schedule, or

(b) if the degree of such disablement (otherwise than by reason of the serious negligence or misconduct of such person) is at the date of his said examination less than twenty per cent., such person may be granted a gratuity of such amount, not exceeding seventy-five pounds, as the Minister, having regard to all the circumstances of the case, shall with the consent of the Minister for Finance determine.

(2) Whenever a person in respect of whom a service certificate has been issued is examined by the Army Pensions Board and is at the date of his examination by that Board suffering from a disease attributable to military service and the degree of disablement (otherwise than by reason of the serious negligence or misconduct of such person) is at the date of his said examination not less than the minimum degree of disablement, such person may be granted a pension at the rate mentioned in the second column of the First Schedule to this Act opposite the appropriate degree of disablement in the first column of that Schedule.

(3) If a person to whom a pension is granted under this section was married before the critical date as defined by the next following sub-section of this section and is at the date of the commencement of such pension a married man for the purposes of this Part of this Act, such person shall, for so long after such commencement as he continues to be a married man for those purposes be entitled to be paid and receive a married pension at the rate mentioned in the third column of the First Schedule to this Act opposite to the appropriate degree of disablement mentioned in the first column of that Schedule.

(4) For the purposes of the foregoing sub-section of this section the critical date shall be—

(a) in the case of a person suffering from disablement due to a wound—the date on which he received such wound; and

(b) in the case of a person who is suffering from disablement due to a disease and was engaged in pre-truce military service only—the 1st day of July, 1922; and

(c) in the case of a person who is suffering from disablement due to disease and was engaged in post-truce military service (whether he was or was not also engaged in pre-truce military service)—the 1st day of October, 1924.

(5) Whenever a person in respect of whom a service certificate has been issued and who was engaged in post-truce military service (whether he was or was not also engaged in pre-truce military service) is examined by the Army Pensions Board and at the date of his examination by that Board either is suffering from a disablement due to a wound attributable to military service which is less than twenty per cent. or is not suffering from any such disablement, then, if the Minister is satisfied that such person, at any time before his said examination, suffered during a substantial period from a disablement due to a wound attributable to military service and substantially exceeding twenty per cent., and that the case of such person was one of special hardship, the Minister, if he thinks proper so to do having regard to all the circumstances of the case, may—

(a) if such person is granted a gratuity of less than £75 under sub-section (1) of this section, grant to such person, in addition to the gratuity under the said sub-section (1), a gratuity of such amount, not exceeding the sum by which the gratuity under the said sub-section (1) falls short of £75, as the Minister shall, with the consent of the Minister for Finance, determine, or

(b) if such person is not granted a gratuity under the said sub-section (1), grant to such person a gratuity of such amount not exceeding £75 as the Minister shall, with the consent of the Minister for Finance, determine.