Document ID: chunk:federal_register_of_legislation:C2004A03129:schedule:1:p1
Version: federal_register_of_legislation:C2004A03129
Segment Type: schedule
Provision Reference: sch 1 (pt 1/2)
Character Range: 26863–29469

Schedule 1
33. (1) Schedule 1 to the Principal Act is amended—
    (a) by omitting from the heading to the table "A WIDOWED MOTHER OR"; and
    (b) by omitting from the table the column headed "Column 1".
(2) Schedule 1 to the Principal Act is amended—
    (a) by omitting paragraph 3 and substituting the following paragraph:
    "3. Where—
       (a) a member of the Forces is temporarily incapacitated to such an extent, and in such circumstances, that, if he or she were so incapacitated permanently, the special rate of pension would be granted to the member under Schedule 3; and
       (b) the aggregate of the rate of pension payable to the member under Column 3 of the table in this Schedule and the amount (if any) payable to the member under Schedule 5 is less than the special rate of pension specified in Schedule 2,
    the Commission may grant an additional pension to the member at a rate not exceeding the amount of the difference between that aggregate and the special rate of pension for such period, whether in excess of 6 months or not, as the Commission determines."; and
    (b) by omitting paragraph 6 and substituting the following paragraphs:
    "6. Where—
       (a) a member of the Forces is in receipt of, or is eligible to receive, a general rate pension at the rate specified in column 3 of the table in this Schedule;
       (b) the member's incapacity from injury or disease that has been accepted as related to the relevant war service of the member is, of itself alone, of such a nature as to render the member incapable of undertaking remunerative work otherwise than on a part-time basis or intermittently; and
       (c) the member is, by reason of incapacity from that injury or disease alone, prevented from continuing to undertake remunerative work that the member was undertaking and is, by reason thereof, suffering a loss of salary or wages, or of earnings on his or her own account, that the member would not be suffering if the member were free from that incapacity,
the amount specified in column 3 of the table in this Schedule shall, in its application to the member, be deemed to be $242.00.
"7. Sub-paragraph 6 (b) shall not be taken to be fulfilled in respect of a member of the Forces who is undertaking, or is capable of undertaking, work of a particular kind—
    (a) if the member undertakes, or is capable of undertaking, that work for 50 per centum or more of the time (excluding

    overtime) ordinarily worked by persons engaged in work of that kind on a full-time basis; or
    (b) in a case where sub-paragraph (a) is inapplicable to the work