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Police and Firemen (War Service) Act 1944

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2Provision for determination of questions and for medical appeals

(1)Before granting a pension, allowance or gratuity—

(a)under subsection (1) or (2) of section four of the principal Act, on the ground that a person has died in consequence of infirmity of mind or body which prevented him from resuming his service as a constable or fireman ; or

(b)under subsection (4) of the said section four, on the ground that a person has died, or become incapacitated for the performance of his duty, in consequence of an injury or disease received or contracted while serving in His Majesty's forces ;

the appropriate authority may require such evidence as they think fit that that person has died in consequence of such an infirmity, or has died or become incapacitated in consequence of such an injury or disease, as the case may be.

(2)Before granting, under subsection (3) of the said section four, a pension or gratuity to any person on the ground that he is prevented in consequence of any infirmity from resuming his service as a constable or fireman, the appropriate authority shall be satisfied by the evidence of some duly qualified medical practitioner or practitioners, selected by the authority, that he is so prevented and is likely to continue to be so prevented.

(3)Where an application for the grant of a pension or gratuity under the said subsection (3) is made after the commencement of this Act, Or has been made but not determined before the commencement of this Act, the following enactments (which provide for medical examinations and appeals thereon) namely—

(a)subsections (7) and (8) of section twelve of the [11 & 12 Geo. 5. c. 31.] Police Pensions Act, 1921 (in the case of a constable) ; and

(b)subsections (7) and (8) of section ten of the [15 & 16 Geo. 5. c. 47.] Fire Brigade Pensions Act, 1925 (in the case of a fireman) ;

shall apply as they apply for the purposes of those sections.

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