Pension Act — P-6 21
Service during war, or special duty service 21 (1) In respect of service rendered during World War I, service rendered during World War II other than in the non-permanent active militia or the reserve army, service in the Korean War, service as a member of the special force, and special duty service, (a) where a member of the forces suffers disability resulting from an injury or disease or an aggravation thereof that was attributable to or was incurred during such military service, a pension shall, on application, be awarded to or in respect of the member in accordance with the rates for basic and additional pension set out in Schedule I; (b) where a member of the forces dies as a result of an injury or disease or an aggravation thereof that was attributable to or was incurred during such military service, a pension shall be awarded in respect of the member in accordance with the rates set out in Schedule II; (c) no deduction shall be made from the degree of actual disability of a member of the forces who has rendered service in a theatre of actual war, service in the Korean War or special duty service on account of a disability or disabling condition that existed in the member before the member’s period of service in World War I or World War II, service in the Korean War or special duty service, as the case may be, except (i) to the extent that the member is receiving a pension for that disability or disabling condition, or (ii) to the extent that that disability or disabling condition was obvious or was recorded on medical examination prior to enlistment; (d) an applicant shall not be denied a pension in respect of disability resulting from injury or disease or aggravation thereof incurred during military service or in respect of the death of a member of the forces resulting from that injury or disease or the aggravation thereof solely on the grounds that no substantial disability or disabling condition is considered to have existed at the time of discharge of that member; (e) where a member of the forces who has seen service during World War I or World War II is, on retirement or discharge from that service, passed directly to the Department for treatment, a pension shall be paid to or in respect of the member for disability or death incurred by the member during treatment; (f) no pension shall be paid for disability or death incurred by a member of the forces, (i) while on leave of absence without pay, (ii) during a period of absence without leave for which the pay of the member was stopped, or (iii) when the member of the forces has, during leave of absence with pay, undertaken an occupation that is unconnected with military service, unless the disability or death was attributable to that military service; (g) where (i) a pension for disability has been awarded to a member of the forces in respect of service in a theatre of actual war, service in the Korean War or special duty service, and (ii) the member’s degree of actual disability in respect of any of that service subsequently changes, the pension shall, regardless of the cause of the change, be increased, decreased or discontinued, as the case requires, to reflect the new degree of actual disability in respect of that service, except that, if a member is receiving a pension in respect of more than one type of service referred to in subparagraph (i), the total pension payable by virtue of this subsection may not exceed the amount of pension for the total actual disability arising from all the service referred to in that subparagraph; (h) where a member of the forces is in receipt of an additional pension under paragraph (a), subsection (5) or section 36 in respect of a spouse or common-law partner who is living with the member and the spouse or common-law partner dies, except where an award is payable under subsection 34(8), the additional pension in respect of the spouse or common-law partner shall continue to be paid for a period of one year from the end of the mont