PART IV.

Re-enactment, with modifications, of Part IV (Provisions in relation to insured persons entitled to certain disablement pensions payable by the British Government) of the Emergency Powers (No. 381) Order, 1946.

14. —(1) The following provisions shall apply in relation to a person who has served in the British Forces and who is in receipt of a pension payable by the British Government in respect of a war disablement in the highest degree, that is to say:—

(a) no sickness or disablement benefit shall be payable to him in respect of any period of incapacity during which he is in receipt of, or is entitled to, such pension until,—

(i) as respects sickness benefit, he proves that since leaving the British Forces he has been employed, within the meaning of the Acts, during twenty-six weeks, whether consecutive or not, and that twenty-six weekly contributions have been paid in respect of him, and

(ii) as respects disablement benefit, he proves that since leaving the British Forces he has been employed, within the meaning of the Acts, for one hundred and four weeks, whether consecutive or not, and that one hundred and four weekly contributions have been paid in respect of him;

(b) for the purposes of re-qualification for sickness or disablement benefit he shall be deemed not to have been employed in any week unless he proves that the remuneration received in respect of the employment was such as to provide a substantial contribution towards his means of livelihood in that week,

(c) in calculating arrears of contributions for the purposes of the Acts no account shall be taken of any arrears accruing during any period when he has been disentitled to sickness or disablement benefit by virtue of this section.

(2) For the purposes of subsection (1) of this section, an allowance granted by the British Government in respect of a war disablement to a person, who is undergoing a special course of medical treatment or undergoing treatment in any institution or receiving training in a technical institution, shall be deemed to be a pension payable to such person by the British Government in respect of a war disablement in the highest degree.

(3) Notwithstanding anything to the contrary contained in any other enactment, the rate of sickness benefit or disablement benefit to which a person, who has served in the British Forces and who is in receipt of a pension payable by the British Government in respect of a war disablement which is not in the highest degree, is entitled shall not be reduced by reason only of such person being in receipt of such pension.

(4) Subsections (1), (2) and (3) of this section shall be deemed to have come into operation on the 14th day of June, 1946.

15. —(1) Where any pension is paid by the British Government in respect of a war disablement to an insured person (other than a person who has served in the British Forces) such pension shall, for the purposes of the Acts, be treated as if it were compensation under the Workmen's Compensation Act, 1934 (No. 9 of 1934).

(2) Subsection (1) of this section shall be deemed to have come into operation on the 14th day of June, 1946.

16. —(1) If, pending the granting by the British Government of a pension in respect of a war disablement to an insured person, sickness or disablement benefit in respect of such war disablement is paid to him, then, such payment, in so far as it exceeds the amount to which he would have been entitled in accordance with section 14 or section 15 of this Act, shall be deemed to have been made by way of advance and may, without prejudice to any other method of recovery, be recovered by deduction from, or suspension of, any benefits which may subsequently become payable to him.

(2) Subsection (1) of this section shall be deemed to have come into operation on the 14th day of June, 1946.