Army Pensions Act, 1937

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Provisions consequential on variation of service certificates.

16.—(1) Where a service certificate, which was issued in respect of a person who made an application for a pension or a gratuity under Part II of the Act of 1932, is reviewed under sub-section (3) of section 8 of the Act of 1932, and varied on such review, the following provisions shall have effect, that is to say:—

(a) in case it appeared from such certificate, as originally issued, that such person was not a person (in this sub-section referred to as a qualified person) to whom a pension or gratuity could be granted under Part II of the Act of 1932, and it appears from such certificate, as so varied, that such person is a qualified person, then—

(i) the provisions of section 9 of the Act of 1932 shall apply in respect of such application in like manner as if it appeared from such certificate, before such variation, that such person was a qualified person,

(ii) in case such application was for the grant under Part II of the Act of 1932 of a pension or gratuity in respect of a wound, the refusal of such application shall, for the purposes of section 18 of the Act of 1932, be deemed not to be the refusal of an award,

(iii) any pension granted under Part II of the Act of 1932 to such person shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine;

(b) in case it appeared from such certificate, as originally issued, that such person was a qualified person and a pension was granted under Part II of the Act of 1932 to him accordingly, and it appears from such certificate, as so varied, that such person is not a qualified person, the Minister shall by order revoke such pension as from the date of such order;

(c) in case it appeared from such certificate, as originally issued, that such person was a qualified person and a pension was granted under Part II of the Act of 1932 to him accordingly, and it appears from such certificate as so varied, that such person is a qualified person, and the amount of such pension is greater or less than the amount to which, having regard to the terms of such certificate as so varied, he is entitled, the Minister shall by order decrease or increase such pension accordingly from the date of such order.

(2) Where a service certificate, which was issued in respect of a deceased person in respect of whom an application was made for an allowance or gratuity under Part II of the Act of 1932, is reviewed under sub-section (3) of section 8 of the Act of 1932, and varied on such review, the following provisions shall have effect, that is to say:—

(a) in case it appeared from such certificate, as originally issued, that such deceased person was not a person (in this sub-section referred to as a qualified person) in respect of whom an allowance or gratuity could be granted under Part II of the Act of 1932, and it appears from such certificate, as so varied, that such deceased person is a qualified person, then—

(i) the provisions of section 9 of the Act of 1932 shall apply in respect of such application in like manner as if it appeared from such service certificate, before such variation, that such deceased person was a qualified person,

(ii) any allowance granted under Part II of the Act of 1932 in respect of such deceased person shall commence on such date (not being earlier than the date of the passing of this Act) as the Minister may determine;

(b) in case it appeared from such certificate, as originally issued, that such deceased person was a qualified person and an allowance in respect of such deceased person was accordingly granted under Part II of the Act of 1932, and it appears from such certificate, as so varied, that such deceased person is not a qualified person, the Minister shall by order revoke such allowance as from the date of such order.

(3) References in this section to the Act of 1932 shall be construed as meaning the Act of 1932, or the Act of 1932 as amended by this Part of this Act.