14. (1) A pension shall be awarded to or in respect of a Rank of applicant. member of the forces in accordance with the rank or acting rank for which he was being paid pay and allowances at the time of the appearance of the injury or disease which resulted in his death. No variation of rank after the appearance of the disability shall affect any pension. Any award of a pension heretofore made contrary to this section shall be reviewed and determined for the purpose of future payments in accordance with the provisions of this section. (2) In cases in which during the War a member of the forces has voluntarily reverted from the rank which he held in the forces to a lower rank in order to proceed to a scene of hostilities the pension to or in respect of him shall be awarded in accordance with the rank from which he reverted, except when previously to the appearance of the injury or disease he has been promoted to a higher rank than that from which he reverted. income immaterial. 15. The occupation or income or condition in life of a Occupation and person previous to his becoming a member of the forces shall not in any way affect the amount of pension awarded to him or in respect of him. persons in some 16. When the Commission is of opinion that the pensioner Payment to other is incapable of expending or is not expending the pension in a cases. proper manner, or that he is not maintaining the members of his family to whom he owes the duty of maintenance, the Commission may order that the pension be paid to such person as it may appoint, in order that the money may be expended by him for the benefit of the pensioner and the members of his family. The expenses connected with such payment, if any, shall be paid by the Commission. ment of pensioner. 17. When a pensioner has been sentenced to imprisonment Effect of imprisonfor a period of six months or more, the payment of his pension shall be discontinued, and no pension shall be paid to him for or in respect of the period of his imprisonment; provided, however, that the Commission shall have discretion to pay the pension or part of it to any person who was being, or was H Respecting appeals Commission to approve charges. Payment of pension entitled to be, supported by the pensioner at the time of his arrest. Upon the pensioner's release from imprisonment, payment of his pension shall be reconsidered as from the date of his release and in accordance with the extent of his disability then shown to exist, or in the case of a pensioner pensioned on account of the death of a member of the forces in accordance with the rates set out in Schedule B of this Act. 18. The Commission shall sit for the purpose of hearing the appeals of dissatisfied applicants or pensioners. Any such appeal shall be made in writing within one year of the date of the decision appealed from and may be presented either personally, by agent or by counsel. The decision of the Commission upon such appeal shall be final. 19. Accounts for fees or charges for services rendered in respect of any application for a pension, shall be submitted to the Commission for approval and shall not be collectable unless and until the Commission shall have approved of them. 20. (1) Pensions shall be payable monthly at the end of each month, provided that the pension for disabilities of less than 20% in extent shall be paid at the pensioner's option semi-annually at the end of the months of May and November of each year. (2) It shall be a matter within the discretion of the Commission whether a pensioner shall be paid any instalment of his pension which has remained unclaimed by or for him for more than two years from the date when such instalment became due. (3) No pension shall be assigned, charged, attached, anticipated, commuted or given as security, and the Commission may, in its discretion, refuse to recognize any power of attorney granted by a pensioner with reference to the payment of his pension. (4) The unpaid balance of pension due to a deceased of his estate. The Commission may, in its discretion, pay such balance to his widow or children or to any other person who has been maintained by him; or may apply it, or a portion of it, in payment of the expenses of his last sickness and burial. If no order for the payment of such balance is made by the Commission, such balance shall be paid into the Consolidated Revenue Fund of Newfoundland. portation expenses. 21. In the case of a member of the forces being called in Respecting transfor examination, observation or treatment in hospital for a period not exceeding one week, or for repairs to or replacement of an artificial limb or other orthopaedic appliances, the amount of $2.20 per day shall be paid, plus return transportation, first class with sleeping berth, if such transportation is necessary, or $1.10 per day if the place to which he is directed to go is in the same town, or is contiguous to his place of residence, in both cases with proportionate amounts for periods of less than one day. Patriotic Fund 22. All advances heretofore made out of the Newfound- Advances out of land Patriotic Fund by the Finance Committee of the New- to be refunded. foundland Patriotic Association for payment in respect of matters covered by this Act, shall be refunded by the Commission out of the funds placed at its disposal hereunder. CHILDREN. sions to Children. 23. (1) No pension shall be paid to or in respect of a Respecting Penchild who, if a boy, is over the age of sixteen years, or if a girl, is over the age of seventeen years, except when such child and those responsible for its maintenance are without resources, and (a) such child is unable owing to physical or mental infirmity occured before the child attained the age of twenty-one years; and provided also that if such child is an orphan the Commission shall have discretion to increase such child's pension up to an amount not exceeding orphan's rates; (b) such child is following and is making satisfactory progress in a course of instruction approved by the Commission, in which case the pension may be paid until such child has attained the age of twenty-one years. No pension shall be paid to or in respect of a child after its marriage. (2) No pension shall be paid to or in respect of a child unless such child was acknowledged and maintained by a member of the forces in respect of whom pension is claimed at the time of the appearance of the injury or disease which caused the disability for which he is pensioned or which resulted in his death, provided, however, that a legitimate child born subsequently to the appearance of such injury or disease, shall be entitled to a pension; provided also that the Commission may, in its discretion, award a pension to or in respect of any child entitled in the opinion of the Commission to be maintained by the member of the forces in respect of whom the pension is claimed. (3) The pension for a child shall be paid to its mother or father or to its guardian or to a person appointed by the Commission. (4) When a child has been given in adoption or has been removed from the person caring for it, by a competent authority, and placed in a suitable foster home, or is not being maintained by, or does not form part of the family cared for by, the member of the forces or the person who is pensioned as the widow, divorced wife or parent of the member of the forces, or by the woman awarded a pension under sub such child, may, in accordance with the circumstances and in the discretion of the Commission, be continued or discontinued or retained for such child for such period as the Commission may determine, or increased up to an amount not exceeding the rate payable for orphan children. Any such award shall be subject to review at any time. (5) The children of a pensioner who was pensioned in any of the Classes 1 to 5 mentioned in Schedule A., and who has died, shall be entitled to a pension as if he had died on service, whether his death was attributed to his service or not, provided the death occurs within five years after the date of retirement or discharge, or the date of the commencement of pension. children. 24. When a member of the forces has died, leaving an Pensions to orphan orphan child, or when his widow, divorced wife, parent or the woman awarded a pension under sub-section (3) of section 33 of this Act, has died, leaving an orphan of such member of the forces, such orphan child shall be entitled to a pension in accordance with the provisions of Schedule B. PENSIONS FOR DISABILITIES. disabilities. 25. (1) Pensions for disabilities shall be awarded or Respecting continued in accordance with the extent of the disability of the applicant or pensioner. (2) The estimate of the extent of a disability shall be based on the instructions and a table of disabilities to be made by the Commission for the guidance of physicians and surgeons making medical examinations for pension purposes. (3) No deduction shall be made from the pension of any member of the forces who has served in a theatre of actual war on account of any disability or disabling condition which existed in him previous to the time at which he became a member of the forces; Provided that no pension shall be paid for a disability or disabling condition which at such time was wilfully concealed, was obvious or was a con |