Document ID: chunk:federal_register_of_legislation:C2004A01816:body:0:p12
Version: federal_register_of_legislation:C2004A01816
Segment Type: other
Provision Reference: 
Character Range: 27149–29980

if a benefit classification certificate is in force in respect of him at that time, the Commissioner is not of the opinion that the death or incapacity which was the ground for his retirement was caused, or substantially contributed to, by a physical or mental condition or conditions of the person specified in the certificate, or by a physical or mental condition or conditions connected with such a condition or such conditions; and
         (d) the Commissioner is satisfied—
             (i) that, at or in connexion with a medical examination which the person was required to undergo under this section, the person failed to furnish any information required to be furnished by him or furnished false information; and
             (ii) that, if the person had not failed to furnish that information or had not furnished that false information, there would have been in force in respect of the person, immediately before his death or retirement, a benefit classification certificate in which there would have been specified the physical or mental condition or conditions which caused, or substantially contributed to, the death or retirement, or a physical or mental condition or conditions connected with such a condition or such conditions,
     the Commissioner shall issue in respect of the person a benefit classification certificate in which there is or are specified the physical or mental condition or conditions of the person which, in the opinion of the Commissioner—
         (e) in a case where a benefit classification certificate is in force in respect of the person at the time he dies or retires—would have been the physical or mental condition or conditions of the person specified in the certificate at that time; or
         (f) in any other case—would have been the physical or mental condition or conditions of the person specified, at the time the person dies or retires, in the benefit classification certificate that would have been in force in respect of the person,
     if the person had not failed to furnish that information or had not furnished that false information and, for the purposes of this Act, the certificate shall be deemed to have been in force in respect of the person immediately before his death or retirement.
     "(11a) Where a benefit classification certificate is in force in respect of a person in respect of whom a benefit classification certificate is issued under sub-section (11), the first-mentioned certificate shall be deemed to have been revoked by the second-mentioned certificate with effect from the time immediately before the death of the person or the retirement of the person by reason of which the second-mentioned certificate was issued."; and

     (l) by omitting from sub-section (13) "the Secretary to the Department of the Treasury" and substituting "the