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(4) The Army Council shall provide, in addition, hospital treatment or medical attendance free of charge, if such treatment
or attendance under the Council's control is available, so long as the injured person continues in his employment as in paragrapli (1).
(5) No compensation or benefits shall be paid or given under this Scheme in respect of any injury if the injury was attributable to the serious and wilful misconduct of the person injured, unless the injury results in death or serious and permanent disablement.
In considering a claim to compensation on account of sickness the Army Council may require proper medical evidence that the person was in good health at the commencement of the employ- ment abroad.
(6) An allowance awarded under this Scheme shall be paid in addition to any earnings in Government or other employment, so long as the degree of incapacity on account of which it was awarded continues, provided that the allowance, together with the weekly earnings in such employment, shall not exceed the average weekly earnings upon which the allowance was com- puted. Periodical adjustments of the allowance in accordance with this clause may be made from time to time by the Army
Council.
(7) Any pension or allowance awarded under this Scheme may, at the discretion of the Army Council, be commuted for a single payment, the amount of which shall be settled between the party entitled and the Army Conncil, and in any case in which the Army Council may think such a course desirable they may award a lump sum of such amount as they may determine in lieu of any pension or allowance.
(8) A claim under this Scheme skall not be maintainab unless written notice of the injury or sickness has been given by the person concerned as soon as practicable after the occurrence thereof, unless it appears that the Army Council are not prejudiced by the absence of such notice or that there was soine good reason which prevented notice being given.
(9) When a person to whom an allowance has been awarded under this Scheme is certified by a Justice or a Minister of Religion and by a medical practitioner to be unable by reason of mental disability to manage his affairs, the Army Council may pay as much of the allowance as they think it to the institution or persou having the care of the person, and may pay the surplus, if any, or such part thereof as they think fit, for or towards the maintenance and benefit of the dependants of the person, and the Government shall be discharged from all liability in respert of any sums so paid.
(10) When the death of a person to whom this Scheme applies resulta from an injury or sickness, in circumstances which would render compensation payable under the provisions of paragraphs (2) and (8) above, compensation shall be payable to his dependants as follows:-
(i) If he leaves any dependants wholly dependent upon his earnings, a sum equal to 156 times his average weekly earnings during the period of his employment as in paragraph (1) or during the last 3 years of such employment, or the sum of £150, whichever is the larger, but not exceeding in any case £800,
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(ii.) If he does not leave any dependants wholly dependent, but leaves dependants in part dependent upon his earnings, soch sum, not exceeding in any case the amount payable under sub-paragraph (i.) as is reason- able and proportionate to the injury to the sid dependants:
provided that the amount of any weekly payments made in accordance with this Scheme in respect of the injury or sickness causing the death of the person, and any lump sum paid in commutation or in lieu thereof shall be deducted from the amount so payable.
Any sum payable to dependants may, if there are more than one dependant, be apportioned between or amongst them as the Army Council may think fit.
(11) The Army Council may, in any case in which the Department considers that the interest of dependants would be better served by a pension to the widow, or mother (where there is no widow), than by a lump sum, deal with the case as follows, namely:-
There shall be deducted from the lump sum payable to the dependants under the Scheme a portion for the dependent child or children if any. Such portion shall not exceed one-half of the entire amount, if there is only one child, or two-thirds if there are more than one, and there shall be granted to the widow, or mother (where there is no widow), a pension equal to the annuity which the remainder of the aforesaid lump sum would purchase according to the Post Office tables for the purchase of immediate annuities. Such pensiou shall not be liable to for- feiture in the event of the re-marringe of the recipient.
If the Army Council considers it desirable in the interests of dependants that a trustee or trustees should be appointed to administer for their benefit the money awarded as compensation to them, they may appoint a trustee or trustees, and pay the said money to him or them to be administered for the benefit of the dependants accordingly.
The sum or sums awarded will be paid to the dependants, or to the trustee or trustees on their behalf, as the case may be, and such payment shall be a good discharge to the Government notwithstanding that the person or persons for whose benefit it is made be below the age of 21 years.
(12) In the case of death of a person leaving no dependants, a payment of not more than £10 shall be made to cover the reasonable expenses of medical attendance and burial,
(13) An injured or disabled person shall not receive as the result of this Scheme a total animal payment out of the Public Funds in excess of his pay at the date of the injury or disablement.
(14) A person who is eligible to benefit under this Scheme shall not lose by virtue thereof any gratuity or any superannua tion or other allowance for which he may be eligible under any provision of the Superannuation Acts, 1834 to 1914, or any similar benefit to which he may be entitled under existing schemes or agreements as an employee of a firm or other body by whom he is ordinarily employed; and any person who, if this Scheme had not been framed, and the Injuries in War (Compensa- tion) Act, 1914 (Session No. 2) had not been passed, would have been entitled to any gratuity or allowance in respect of injury under Section 1. of the Sperannuation Act, 1887, or to any similar benefit under such schemes or agreements, shall remain
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