Army Pensions Act, 1937

Pensions to members of organisations to which Part II of the Act of 1932 applies in respect of wounds or disease aggravated, etc., by service.

29.—(1) Where—

(a) a person was a member of an organisation to which Part II of the Act of 1932 applies, and

(b) such person was engaged in military service, and

(c) such person is not entitled to a pension under the Acts or the Acts as amended by this Act, and

(d) such person is at the date of his examination by the Army Pensions Board suffering from—

(i) a disablement (not being less in degree than twenty per cent.) due to a wound aggravated by—

(I) a wound attributable to military service, or

(II) a disease attributable to military service, or

(III) military service, or

(ii) a disablement (not being less in degree than twenty per cent.) due to a disease aggravated by a wound attributable to military service, or

(iii) a disablement (not being less in degree than eighty per cent.) due to a disease aggravated by—

(I) a disease attributable to military service, or

(II) military service, or

(iv) a disablement (not being less in degree than twenty per cent.) due to a disease which was accelerated or excited by a wound attributable to military service, or

(v) a disablement (not being less in degree than eighty per cent.) due to a disease which was accelerated or excited by—

(I) a disease attributable to military service, or

(II) military service,

there may, if such disablement manifested itself before the 1st day of July, 1926, be granted to such person 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.

(2) Every application for a pension under this section shall be referred by the Minister to the Military Service Registration Board and thereupon the provisions of section 8 of the Act of 1932, as amended by Part IV of this Act, shall apply in respect of such application and of the service certificate in respect of the applicant issued by the said Board.

(3) Where the Minister after having referred under the immediately preceding sub-section to the Military Service Registration Board an application by a person for the grant of a pension under this section receives from the said Board a service certificate in respect of such person, the Minister shall, unless it appears from such certificate that such person is not a person (in this section referred to as a qualified person) to whom a pension could be granted under this section, refer the said application to the Army Pensions Board.

(4) Where a service certificate, which was issued in respect of a person who made an application for a pension under this section, 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 qualified person and it appears from such certificate, as so varied, that such person is a qualified person, then, the provisions of sub-section (3) of this section 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;

(b) in case it appeared from such certificate, as originally issued, that such person was a qualified person and a pension was granted under this section 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.