First Previous (PART V. Disability pensions in respect of disablements due to disease attributable to service where disability is less than eighty per cent. and not less than fifty per cent.) Next (PART VII. Special dependants' allowances and special gratuities.)

15 1937

ARMY PENSIONS ACT, 1937

PART VI.

Pensions in respect of disablements due to wounds or disease aggravated by military service.

Assessment of degree of disablement.

27. —(1) The following provisions shall for the purposes of this Part of this Act have effect in relation to a person suffering from a disablement due to a wound, that is to say:—

(a) in case such disablement is one of the disablements mentioned in the first column of the Fourth Schedule to the Act of 1927, the degree of such person's disablement shall be the degree of disablement set out in the second column of that Schedule opposite to the disablement from which such person is so suffering,

(b) in any other case the degree of such person's disablement shall be the degree assessed in that behalf by the Army Pensions Board.

(2) The following provisions shall for the purposes of this Part of this Act have effect in relation to a person suffering from a disablement due to a disease, that is to say:—

(a) the degree of such person's disablement shall be the degree assessed in that behalf by the Army Pensions Board, and

(b) the assessment of such person's disablement shall be made on a percentage basis, and total disablement shall be assessed at one hundred per cent. and every disablement less than total disablement shall be assessed as a percentage of total disablement.

Pensions to former members of the forces in respect of wounds or disease aggravated, etc., by service.

28. —(1) Where—

(a) a person has been discharged from the forces before the date of the passing of this Act; and

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

(c) 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 service in the forces and received during the period (in this section referred to as the service period) commencing on the 1st day of April, 1922, and ending on the 30th day of September, 1924, while a member of the forces, or

(II) a disease attributable to service in the forces during the service period, or

(III) service in the forces during the service period, or

(ii) a disablement (not being less in degree than twenty per cent.) due to a disease aggravated by a wound attributable to service in the forces and received during the service period while a member of the forces, or

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

(I) a disease attributable to service in the forces during the service period, or

(II) service in the forces during the service period, 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 service in the forces and received during the service period while a member of the forces, 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 service in the forces during the service period, or

(II) service in the forces during the service period,

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 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 Army Pensions Board.

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.

Provisions in relation to applications for pensions under Part VI.

30. —The following provisions shall have effect in relation to applications for pensions under this Part of this Act, that is to say:—

(a) every application shall be made to the Minister before the 1st day of July, 1938,

(b) every application shall be in such form and contain such particulars as the Minister may direct.

Report by Army Pensions Board on applications for pensions under Part VI.

31. —(1) Whenever an application for a pension under this Part of this Act is referred to the Army Pensions Board, they shall assess and report to the Minister the degree of disability from which the applicant is suffering and shall also report to the Minister on such other matters arising on such application as they may be requested by the Minister to report upon, and for the purposes of such report shall cause such application to be investigated in such manner as the Minister may direct.

(2) The Army Pensions Board may, for the purposes of carrying out the duties imposed on them by this section, make all such inquiries, summon all such witnesses, and take such evidence on oath (which any member is hereby authorised to administer) or otherwise as they may deem necessary.

Commencement of pensions under Part VI.

32. —Each pension under this Part of this Act shall commence on such day (not being earlier than the date of the passing of this Act) as the Minister may determine.

Application of certain sections of Army Pensions Acts, 1923 and 1927, in respect of pensions under Part VI.

33. —(1) Sections 6 , and 9 to 14 of the Act of 1923, and sections 21 and 23 of the Act of 1927, shall apply in respect of pensions under this Part of this Act, persons who are or who claim to be entitled to such pensions, persons to whom such pensions are granted and persons applying for such pensions as if such pensions were the pensions mentioned in those sections respectively.

(2) The reference in section 21 of the Act of 1927 to persons attending in the city or county of Dublin as applicants or witnesses before the Army Pensions Board pursuant to a summons of that Board shall be construed as including a reference to persons attending in the city or county of Dublin as applicants or witnesses before the Military Service Registration Board pursuant to a summons by that Board.