New Zealand Legislation: Acts

14 Claims for war pensions or allowances

• (1) All claims for or in respect of pensions or allowances under this Act shall be made in writing.

  (2) A claimant for a pension for death or disablement of a member of the forces allegedly caused by or attributable to or aggravated by service may be required by the Secretary, if it is appropriate to the circumstances of the case, to produce a medical report from the claimant’s or, as the case may be, the deceased member of the force’s own medical practitioner which sets out with particularity the nature of the condition from which the deceased member of the forces died, or which occasions the claimant’s disability.

  (3) As soon as practicable after receiving a claim under this section, the Secretary shall consider it and may either—

  • (a) grant a pension or allowance in accordance with the provisions of this Act; or

  • (b) decline the claim on the grounds that the claimant is not entitled to a pension or allowance under this Act.

  (4) The claimant shall be forthwith advised of the decision to grant or decline the claim, and shall at the same time be supplied with a written explanation of the reason or reasons for the decision.

  (5) If a claimant, whose right of appeal under section 16 against a decision made under subsection (3) of this section has not been exercised and has lapsed, satisfies the Secretary that, because of additional evidence becoming available or for any other reason, it is desirable in the interests of justice that the claim should be reconsidered, the Secretary shall accept from the claimant a fresh claim; and any such claim shall be dealt with in accordance with section 15E.

  Section 14: substituted, on 1 April 1989, by section 7(1) of the War Pensions Amendment Act 1988 (1988 No 148).