Army Pensions Act, 1937

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Amendment of section 10 of the Act of 1932.

17.—(1) Where—

(a) a service certificate has been issued in respect of a person, and

(b) it appears from such service certificate that such person was a member of an organisation to which Part II of the Act of 1932 applies, and

(c) such person being such a member was during any period ending before the 30th day of September, 1923, interned or imprisoned by or by order of the British Government, the Government of Saorstát Eireann, the Provisional Government, or the Government of Northern Ireland, and

(d) such person lost from any cause, while so interned or imprisoned, a leg, an arm, or an eye,

the following provisions shall have effect, that is to say:—

(i) such loss shall be deemed, for the purposes of sub-section (1) of section 10 of the Act of 1932, to be a disablement due to a wound attributable to military service, and Part II of the Act of 1932 shall be construed and have effect accordingly;

(ii) the critical date for the purposes of sub-section (4) of the said section 10 shall be the date on which such person suffered such loss;

(iii) any pension granted to such person under the said sub-section (1) shall, notwithstanding anything contained in sub-section (1) of section 15 of the Act of 1932, commence as on and from the date of the passing of this Act.

(2) Sub-section (2) of section 10 of the Act of 1932 is hereby amended by the insertion, after the words “his said examination” now contained therein, of the words and figures “or, in case such date falls before the 30th day of June, 1938, becomes, by reason of matters definitely attributable to military service, after such date but before the 1st day of July, 1938,” and Part II of the Act of 1932 shall be construed and have effect accordingly.

(3) Where, by virtue of the amendment of sub-section (2) of section 10 of the Act of 1932 effected by this section, a pension is granted under the said sub-section (2) to any person, such pension shall, notwithstanding anything contained in sub-section (1) of section 15 of the Act of 1932 or in this Act, commence as on and from such date as the Minister may, having regard to all the circumstances of the case, determine, but such date shall not be earlier than the date of his examination by the Army Pensions Board at which his disablement was assessed at a degree not less than the minimum degree of disablement.