INTERNATIONAL LABOUR
OFFICE

Studies and Reports
Series E
No. 4

GENEVA
30 December 1921

Compensation for War Disabilities
in Great Britain and the United States

CONTENTS
Legal Basis of Pension Bights
Conditions of Pensionable Disability
Assessment oi Disablement
Compensation for Disablement : the System common to Cheat Britain
and the United States
Alternative Pensions in Cheat Britain
War Risk Insurance in the United States

2
3
6
9
11
15

APPENDICES

Great Britain
I.
II.
III.
IV.

VI.

Boyal Warrant of 6 December 1919 on war pensions
War Pensions Act 1921 (Administrative Provisions)
War Pensions (Administrative Provisions) Act 1919 (Extracts)
Statistics relating to the distribution of pensions granted on
31 March 1921
Return of officers and men pensioned for disability to 31 March
1920, according to nature of disability
Summary of awards of alternative pensions to disabled men
up to 31 March 1920

19
41
47
49
50
51

United States
VII.
VIII.
IX.
X.
XI.

II0-SR/E4
ENGL
COP. 5

War Risjc Insurance Act of 6 October 1911, with amendments
up to 24 December 1919 (Extracts)
Act of 9 August 1921, to establish a Veterans' Bureau and to
amend, the War Risk Insurance Act
Statistics of pension claims of disabled mento 2 September 1921
Statistics of war risk term insurance on 30 June 1920
Statistics of permanent insurance on 30 June 1920

52
7.3
85
85
85

Compensation for War Disabilities
in Great Britain and in the United States

LEGAL BASIS OP PENSION EIGHTS

The problem of the legal basis of the right of war victims
to compensation has not arisen in Great Britain or the United
States in the same way or to the same extent as in Prance.
French legislation, in Section 1 of the Pensions Act of 31 March
1919, established the right of war victims to compensation
for injury suffered. This right entitles war victims to claim
pensions and requires the state to grant them; the French
Pensions Act is, in fact, only a particular application of the
general right to compensation i1).
While pensions legislation in the United States was previously based upon the principle that the pension is the bounty
of a generous state to patriotic citizens who defended it in
time of peril, the present law regulating pensions for the
European war simply states that the Government of the United
States is under an obligation to grant compensation in certain
specific cases if death or disability has been caused by wounds
or illness arising from service with the Army or Navy. The
state's obligation is clearly affirmed, but is not based on any
stated principle.
The general character of the Act differs from previous
legislation in that it is a compensation law. The state is
under no obligation except when injury has been suffered as
a result of military service; the origin of this right lies not
in the fact of service, but in the injury suffered. Compensation
is not granted to all ex-Service men, but only to those suffering
from disabilities.
In Great Britain no attempt has'been made to define the
legal basis of the right to pension, or in any case, any such
attempts have followed the peculiar character of British
administrative custom. Provision for war pensions is made
by Royal Warrants, Orders in Council, or in Statutory
Rules and Orders ; administrative regulations • are made by
Act . of Parliament.
Pensions are granted by Royal
bounty, that is, they may be granted. I t would appear
from the terms employed both in the Royal Warrants and
in the Orders in Council that pensions are granted as
(1) See INTERNATIONAL LABOXJK OFFICE : Compensation

for War

Dis-

ablement in France; Studies and Reports, Series E, No. 1; pp. 1-6, for a
summary of the discussions which have taken place in Prance regarding
the legal basis of the right to compensation.

— 3 —
an act of grace and not as a right. British disabled men
maintain that these texts do not express truly the obligations
of the state. They claim that, as they have suffered injury
in the service of the nation, the nation has thereby incurred
a debt to them and that pensions should be granted in accordance with a statutory right enunciated in Acts of Parliament.
They consider that the right to a pension should be a
statutory right. The Government replies that pensions are
in fact granted of right to war victims and that to express
this right in Acts of Parliament would make no practical
difference, while on the other hand, it would be a source of
very serious difficulties. As pensions legislation will certainly
have to be modified frequently during the next fifteen or
twenty years, it would be necessary, under such circumstances,
to go to Parliament each time a change was desired, and the
resulting delay would be prejudicial to the interests of the war
victims.
The Select Committee on Pensions (2) appointed in 1919
to consider improvements in the pension system recognised
the force both of the disabled men's claim and of the Government's objections. The Committee proposed to insert in an
Act a statement of the statutory right of Avar victims to
pension, leaving the Government to determine and modify
the actual provisions relating to pensions (e.g. assessment of
disability, rate of pension, etc.) by Royal Warrants and Orders
in Council. The Government and Parliament accepted these
suggestions, and the statutory right to pension was acknowledged by Section 7 of the War Pensions (Administrative
Provisions) Act of 19 August 1919 and Section 8 of the War
Pensions Act of 4 August 1920. This Act states that war
Adctims " shall be entitled to receive pensions " ; the word
"shall" haA'ing been substituted for "may".
;.

CONDITIONS OF PENSIONABLE DISABILITY

The principle of the right to pension having been recognised,
the classes of disability which may entitle to compensation
must be determined.
In Great Britain disablement entitles to pension if it is
attributable to or aggravated by military service during the
war, in the United States if it has been contracted in line of ,
duty. Both British and American law refuse to recognise any
right to pension when disablement is due to the fault of the
disabled man; under British law, no pension is due if disablement is due to the serious negligence or misconduct of the
discharged man. The American law refuses any compensation
(2) Special Report of Select Committee on Pensions. (Cmd. 149.) London,
H. M. Stationery Office, 1919.

_

4 —

for disablement (disability) when it has been caused by his
own wilful misconduct.
Both British and American law demand proof of the connection between disablement and military service. The conception
of what constitutes service is less narrow than it was in earlier
European legislation, which was of a military character and
drew a distinction between a disability contracted on the field
of battle, and one caused by service not on the field of battle.
This distinction is no longer observed; the only question now
raised is of service during the war. Similarly, absolute proof
of the connection between disablement and a definite incident
of service occurring at a precise place and time is no longer
required, but merely of the relation between the general conditions of service and the wound or disease in question.
The procedure for proof of origin of disability is much
the same in Great Britain and the United States as in other
countries. The pension file must include a copy of the
claimant's enlistment or mobilisation form showing his physical
condition at the time of entering the army, a copy of his
discharge or demobilisation certificate showing his state of
health at the time of discharge or demobilisation, and a record
of all wounds or diseases arising in the course of his military
service. When all the necessary documents can be furnished,
as is generally the case, there is no difficulty in ascertaining
the origin of the disability. But difficulties may arise either
because the file is incomplete, or because the disabilities arose
after demobilisation, while the claimant had not suffered
from wounds or illness while actually serving; in the latter
case it becomes exceedingly difficult to furnish satisfactory
proof of the origin of the disability.
In Great Britain an investigation is then undertaken into
the claimant's state of health before the war and after
demobilisation. Enquiries are made from the local authorities,
from his employers, from doctors who attended him, and from
health insurance societies; in the light of the evidence thus
collected the medical officers state whether or not they consider
that the claimant's disability could arise out of military
service. In the United States similar enquiries are made,
but they cover only the period from the time of demobilisation
to the filing of the claim for compensation. This difference
is exceedingly important, and constitutes one of the
characteristic features of the American law. All persons
accepted for military service .were presumed to be in good
health and to be free from any physical disability. In order
to comply with the provisions of the law there is no need to
enquire into the claimant's health before enlistment. In this
respect, the American law is more favourable to claimants
than the British.
While the period in the claimant's history which is open
to investigation is different in the two countries, the principle
on which the legislation rests is identical in both cases. In

— 5 —
order that the disabled man may receive his disablement
pension, his file must contain proof that his disability arose
out of service. The system of "presumption of origin"
adopted in France is quite different; the Act of 31 March
1919 stipulates that all disabilities arising during mobilisation
or within six months after demobilisation shall be presumed
to have arisen out of military service, and to give a claim to
pension. The burden of proof is thus shifted under French
law to the advantage of the disabled ; if the state refuses the
pension it must also prove that the disability is not attributable
to military service. I t can for this purpose prosecute all the
necessary enquiries into the health of the person concerned
both before and after service, but the proof must be based
upon facts and not merely on medical statements to the effect
that the disability could not have arisen out of service.
Disabled men in Great Britain consider that the authorities
are unduly severe in requiring proof of origin of disabilities,
and that in many cases pensions have been refused to disabled
men whose disabilities had really been contracted in the course
of military service, but who were unable to furnish sufficiently
exact proof.
Parliament has been asked to establish "presumption of
origin" similar to that in France. In reply to a written
question in the House of Commons the Prime Minister stated (3)
that this principle was obviously very attractive and would
immediately remove all the difficulties which have arisen
in investigating the origin of disablement. Its adoption, however, would involve the risk of granting pensions for disabilities which had not been contracted in the course of military
service, and an increase in the financial burdens of the country,
which are already very heavy. Moreover, pensions were
only refused when medical experts had sound reasons for
thinking that it was quite impossible for the disability to
have arisen out of service. In cases of uncertainty the claimant
was given the benefit of the doubt.
Presumption of origin has been partially admitted in
recent American legislation. Section 18 of the Act of 9 August 1921 (4) lays down that
an ex-Service man who is shown to have an active pulmonary
tuberculosis or neuropsychiatrie disease of more than ten per centum
degree of disability . . . developing within two years after separation
from the active military or naval service of the United States shall
be considered to have acquired his disability in such service, or to have
suffered an aggravation . . .
in such service.

It was not so necessary to admit the theory of presumption
of origin of disablement in the United States and in Great
Britain as in France. In these countries men were mobilised
.gradually, making possible individual medical examinations,
(3) HANSARD : Parliamentary Debates, House of Commons, 4 Nov. 1920,
Vol. CXXXIV, No. 132. London, H. M. Stationery Office.
(4) See Appendix VIII.

— 6 —

to ascertain the physical condition of all men enlisted or
mobilised, and to establish records containing exact information. In France, on the contrary, several million reservists
were called up in a few days, and the extreme rapidity with
which they are sent to the front made any proper medical
examination quite impossible. I t thus became extremely
difficult, in the absence of all previous examination, to distinguish between disabilities contracted or aggravated as a.
result of military service, and those previously existing. In
order to avoid otherwise inevitable mistakes, the French
Parliament considered itself bound in justice to establish the
presumption of origin of disablement within a limited period.
Disabled men whose claim for compensation has been
rejected on the ground that their disability was not due to
military service or was caused by their own negligence or
misconduct, may appeal against the first decision, if they
consider it unjust. In Great Britain this appeal had at
first to be made to a tribunal acting under and appointed
by the Minister of Pensions. Disabled men maintained that
the Minister ought not to be at the same time judge and
defendant, and that such cases should be decided by an
independent tribunal. The Select Committee on Pensions
admitted this criticism, and Section 8 of the War Pensions
(Administrative Provisions) Act of 19 August 1919 (5) instituted
independent Pensions Appeal tribunals in each district, with
members appointed by the Lord Chancellor. These tribunals
consist of a barrister or solicitor as chairman, a disabled man,.
and a medical expert : they are competent to decide appeals
against refusals of pension on grounds of non-attributability,
or of negligence or misconduct. Up to 31 December 1920the number of appeals decided by these tribunals amounted
to 16,000 and in 30 per cent, of these cases the appeal was
allowed. At the same date 10,500 appeals were pending (6).
In the United States no right of appeal exists, but the authorities who refused a pension may modify their decision, either
on their own authority if an error has been made, or at the^
request of the claimant if he produces fresh evidence.

ASSESSMENT OP DISABLEMENT

Both in the United States and in Great Britain, as in
France and elsewhere, the degree of disablement is determined.
by purely physical considerations; a given value is assigned
to each bodily organ and function in relation to the body
as a whole, and no purely occupational or personal factoris taken into consideration. The terms in which the United
States law is couched might create some confusion; Section
(5) See Appendix I I I .
(6) Bulletin of the British Legion, Nov. 1921, London.

— 7 —

302 states that the degree of disablement shall be regarded
as " equal to the degree of the reduction in earning capacity
resulting from the disability" ; but in reality physical incapacity
only is taken into account. In the annual report of the
Director of the Bureau of War Bisk Insurance for the year
1920 it is stated that the degree of disablement is assessed in
relation to the average impairment of earning capacity
resulting from injuries of a similar nature in civil employment,
calculated on the basis of statistics of industrial accidents (7).
The amputation of the left arm, for example, is regarded as
of the same importance to a carpenter, a bank clerk, or a
lawyer, and is assessed at the same degree of disablement;
no consideration is given either to the claimant's occupation
or to the real loss of earning capacity resulting from the
disability; the assessment is therefore in no way affected by
occupational or personal factors.
Method of Assessment
The seriousness of the disability is calculated, both in the
United States and in Great Britain, in percentages, total
disablement, for example, blindness or the loss of both arms
being expressed as 100, and partial disablement in percentages
proportionate to its gravity. In order to establish a claim
for a pension in the United States, the degree of disablement
must be at least 10 per cent., and in Great Britain 20 per
cent., of total disablement. The degree of disablement is
estimated in both countries according to statutory schedules.
These schedules contain a list of disabilities and the percentages
of disablement, attributed to each.
The schedule attached to the British Boyal Warrant
of 6 December 1919 contains only nine classes rising from
20 to 100 per cent, by successive increases of 10 per cent. (8)
Disabilities not mentioned in the schedule are placed on
the same footing as those already comprised therein. Medical
boards determine in which class they shall be placed, according
to the nature and gravity of the particular disability in question.
The schedule has been criticised on the grounds that it contains
an insufficient number of classes, that it does not allow for
the great variety of disabilities resulting from the conditions
of modern warfare, and that it does not give sufficient latitude
to the experts, since disabilities bearing the same name may
may be of very varying degrees of importance.
The schedule in force in the United States, on the other
hand, contains a very detailed and complicated list of disabil-

Í

(7) Annual Beport of the Director of the Bureau of War Risk Insurance
or the iiscal year ended 30 June 192Ò, p. 49. Washington, Government
Minting Office, 1920.
(8) See Appendix I, Schedule.

— 8 —

ities, and provides in many cases a minimum and maximum
between which the experts may range in determining a degree
of disablement corresponding to the actual effects of the wounds
or diseases involved.
Periodical Re-assessment
Both in Great Britain and in the United States a permanent
assessment of the disability is made when it is considered to
have reached its final condition; in other cases a temporary
one. In the United States the law contains no provisions
for reassessment at stated periods ; the Director of the Bureau
of War Bisk Insurance is, however, empowered to require
pensioners to undergo, re-examination when it is considered
necessary, and in practice a revision of temporary assessments
takes place at intervals of six months or a year. In Great
Britain the Boyal Warrant of 6 December 1919 requires that
temporary assessments shall be revised from time to time;
the date of medical examination is fixed by the Minister of
Pensions, and in practice the examinations, as in the United
States, take place at intervals varying from six months to a
year.
These frequent examinations, entailing serious disturbances
in the lives of disabled men, gave rise to vigorous complaints
in recent years from the disabled men's societies, not only
in Great Britain but in other countries. The British Government recognised that in most cases disabilities reach their
final development after a few years, and that a final assessment of the degree of disablement could be made without
any risk of unduly increasing the financial burdens of the state.
Moreover, these frequent medical examinations took up the
time of more than one-fifth of the whole body of English
doctors, whose fees had to be paid, and also rendered
20,000 disabled men idle per day. Not only was the work
of these 20,000 men thus lost to the state, but their travelling
expenses had to be refunded, as well as part at least of the
wages which they lost (9).
The Government consequently introduced a clause into
the new Pensions Act of 19 August 1921, providing, that
final assessment of the degree of disablement shall take place
within four years of the date, either of discharge, or of the
first assessment. The British system for dealing with temporarily disabled men thus .becomes similar to the French, under
which the final condition of disabled men has also to be determined within four years following the date of the first assessment after two further examinations by medical boards.
(9) HANSARD : Parliamentary Debates, House of Commons, 8 July 1921,
Vol. CXLIV, No. 94. London, H. M. Stationery Office.

— 9 —

Right of Appeal
In the United States there is no legal right of appeal
against the assessment of the degree of disablement; but, as
in the case of the question of the origin of the disability, the
first decision may be revised by the Bureau of War Eisk
Insurance, either on its own initiative or at the request of the
pensioner.
In Great Britain the right of appeal against the assessment
of the degree of disablement has undergone great changes.
Originally disputes relating to this question were submitted
to medical appeal boards appointed by the Minister of Pensions, and acting under his authority. The associations of
disabled men have now obtained the right to bring such
appeals before the tribunals set up under Section 8 of theAct
of 19 August 1919. Previously these tribunals were competent
only to hear appeals relating to the origin of disabilities.
The appeal must be filed within a year from the date on which
the decision of the Minister of Pensions was notified; the
tribunals may either reverse this decision or increase or decrease
the percentage of disablement (10). The right of appeal in
Great Britain has thus been placed on the same basis as in
France, the Departmental pension tribunals and the pensions
appeal tribunals exercising the same functions in the two
countries.
COMPENSATION FOE DISABLEMENT

System Common to Both Countries
The law in the United States and in Great Britain includes
a common basis of compensation. The amount of the pension
is fixed in the same way as in France; first the pension for
totally disabled men is determined more or less according to
the cost of living; then pensions for partially disabled men
are fixed at a percentage of this total disablement pension
corresponding to their percentage of disablement; finally,
increases of pension are granted for dependants and for those
who are in need of constant care and attendance.
Total Disablement Pensions
Pensions for totally disabled men are fixed by law, or by
schedules attached to the Acts. In Great Britain, the rates
vary according to rank from 40s. per week for privates to from
(10) Section 4, Subsection 3. of the War Pensions Act of 19 August
1921; see Appendix II.

— 10 —
43s. 4d. to 60s. per week for non-commissioned officers and
warrant officers according to class ( n ). United States law
takes no account of rank, but provides for different rates for
permanent and temporary disablement. The pension for
permanent total disablement is $100 per month, and for
temporary total disablement $80 per month.
This difference in compensation for disabilities apparently
equivalent may be open to criticism. As long as a total
disability continues, the need for economic support is as
essential whether the incapacity be temporary or permanent.
A method of differentiation which seems entirely justified
is in the period for which the pension is granted; the pension
can then be either reduced or even discontinued, if the disability
decreases or disappears. On the other hand, the evident
intent of the legislator here in giving differing compensation
to permanent total disability and temporary total disability
was governed by the desire to preclude attempts to make
a temporary total disability one of a permanent character.
Partial Disablement Pensions
In both countries, as stated, the pensions granted to partially
disabled men are calculated as a fraction of the total disablement pension corresponding to the percentage of disablement.
In Great Britain the amputation of a leg below the knee is
calculated as 50 per cent, disablement, and carries a pension
of 20s. per week for a private; in the United States the same
amputation is regarded as permanent disablement of 49 per
cent., and entitles the disabled men to a pension of $49 per
month. As in France, therefore, there is an exact relation
between the degree of disablement and the rate of pension;
a 1 per cent, disablement corresponds to the same amount
of pension throughout the scale; this amount is 40/ioo of
a shilling per week for a British private, and in the United States
$1 per month for permanently disabled men, and 8/io of a
dollar per month for temporarily disabled men.
The rigidity of this system which regards 10 per cent.
of disablement as of the same importance, whether occurring
between 0 and 30 per cent, or between 90 and 100 per cent.,
is not modified, as in Germany or Poland, by granting an
additional allowance to very severely disabled men (12).
Allowances for Dependents
Both in Great Britain and in the United States increases
of pension are prescribed for the support of dependents.
(11) See the schedule of pensions for each rank, in Appendix I.
(12) See

INTERNATIONAL

LABOUR

OFFICE :

Compensation

Disabilities in Germany, Austria, Poland and Czechoslovakia;
and Reports, Series E, No. 3. Geneva, 1921.

for

War

Studies

— 11 —
I n the United States increases are granted for wives, for
children under 18, and for parents if they are dependent on
the pensioner; in the case of a totally disabled man, these
•allowances amount to $10 per month for a wife, $7 for one
child, $10 for two or more children, and $10 for each parent
or grandparent dependent on the pensioner. From the point
of view of the need for economic support the American law
•seems to give insufficient weight to the number of children,
since the same increase is 'granted whether there are two or
more children. On the other hand, its provisions are very
generous in that they apply equally to children born before or
•after the war or the receipt of the disability and that no
conditions are imposed with regard to the date of marriage.
In Great Britain allowances are made for the wife and for
children under 16, but no provision is made for other
dependents. These allowances amount in the case of total
disablement to 10s. per week for the wife, 7s. 6d. for the first
child, and 6s. for each subsequent child. But the allowances
for the wife are not granted if the marriage took place after
the man's discharge, or after the contraction of the disability for
which he receives the pension, or for the children, if these
were born more than nine months after the man's discharge,
or after the termination of military service owing to his
disability.
Here again, from the economic point of view, the restriction
bears heavily upon the disabled man, who will have the same
difficulty, owing to his disablement, in providing for his family
whatever the date of his marriage or of the birth of his
.children. However, the purpose of the legislator in making
this discrimination, was no doubt to discourage ill-considered
marriage and to prevent marriage merely for the purpose
of obtaining allowances.
In both countries the allowances for dependents to
partially disabled men are calculated from those granted to
totally disabled men in proportion to their percentage of
disablement.
Allowances for Constant Care and Attendance
In Great Britain and in the United States allowances
are granted to disabled men who, owing to their disability,
are in need of constant care and attendance. This allowance
may amount to $20 per month in the United States and to
'20s. per week in Great Britain.
ALTERNATIVE PENSIONS IN GREAT BRITAIN

In addition to the general system just described, British
legislation provides a second method of determining pensions,

— 12 —
based, not on the assessment of physical disabilities, but on
the loss of earning power caused by these disabilities.
Broadly speaking, the alternative pension is equal to the
difference between the average pre-war earnings plus 60 per
cent, and the average earnings of the disabled man after his
disablement. .
Alternative pensions are granted on certain conditions.
The disabled man must be already in receipt of a disablement
pension fixed according to the assessment of his physical
incapacity; within a year of receiving the notification of
the grant of this pension, he may provide proof of the amount
of his earnings before the war, either with a view to an
immediate claim for an alternative pension, or in order to
establish his right to it at a later date. The pre-war earnings
of the disabled man must have been more than 25s. per week.
The earnings of which he is now capable, together with the
alternative pension, must in no case exceed £5 weekly. A
disabled man, who, within the period prescribed, has provided
proof in due form of the amount of his pre-war earnings, may,
if he so desire, continue in receipt of his disablement pension;.
he has the right, however, to demand at any time that such
pension shall be converted into an alternative pension should
he consider it more advantageous for himself.
Pre-War

Earnings

Detailed regulations for the determination of the average
pre-war earnings have been drawn up, providing for various
types of cases. The average earnings of men employed under
an ordinary contract of service are calculated on the basis of
their weekly earnings during the twelve months preceding
the outbreak of war. The earnings of a man who conducted
a business or followed a profession on his own account are
calculated on the basis of his average profits during the three
years preceding the outbreak of war. The average wage of
an apprentice who has served at least one year's apprenticeship
is calculated according to the standard rate of wages in his
district at the outbreak of war, provided that he enlisted before
the age of 26, and that he has completed his apprenticeship
or is prevented from completing it by his disablement.
The average earnings of a student, who was continuing his
education after the age of 16 in a school, college, or university,
in order to qualify for a profession, are calculated at theamount of the disablement pension which he would have received if totally disabled plus 8s. per week for each year of school
attendance between the ages of 16 and 23, provided always
that he enlisted before the age of 26, that he has completed
his education, or has been prevented from completing it by
his disablement; the total amount of his average earnings

— 13 —
thus calculated, together with the alternative pension, may
in no case exceed £4 per week.
In the three first cases the average pre-war earnings are
increased by 60 per cent, in order to allow for the increased
cost of living and the corresponding decrease in the purchasing
power of money, and so to provide a basis of comparison
between pcst-war and pre-war earnings.
Earnings after Disablement
A man's average earning capacity after disablement must
be determined whether or not he is engaged in a trade or
profession. When he is actually engaged in a calling, the
wages he is actually earning may only be accepted as representing his earning capacity when the authorities who fix
the alternative pension are satisfied that the disabled man
cannot equal his pre-war earnings owing to his disablement;
that he is employed on suitable work in riew of his disability,
his pre-war occupation, and the condition of the labour
market; and that he is earning a fair wage in view of the
nature of the work, the average rate of wages in the district,
and the nature of his disability.
In cases where the disabled man is not actually employed,
his earning capacity is determined in relation to the nature
of his disability, his previous occupation, the effects which
have been or could have been produced by re-training, the
condition of the labour market, and the average rate of wages
in the district.
Procedure
The grant of alternative pensions proceeds through the
following stages :
(1) The disabled man presents his claim to the local war
pensions committee, together with a statement of his pre-war
earnings.
(2) He is examined by a medical expert, who gives his
opinion of the man's earning capacity as affected by his
disability.
(3) The local employment committee expresses its opinion
of the man's earning capacity in view of his occupation, the
condition of the labour market, and the rate of wages in the
district.
(4) The local war pensions committee institutes-an enquiry
into the disabled man's average pre-war earnings, his present
wages, and his present earning capacity.

— 14 —
(5) The regional enquiry officers investigate the man's
average pre-war earnings and present earnings; the results
of this investigation are then communicated to the local war
pensions committee.
(6) The local war pensions committee then reports to the
Eegional Director of Pensions and proposes the rate of alternative pension which should, in its opinion, be granted.
(7) The amount of pension is then fixed by the Minister
of Pensions.
Value oj Alternative

Pensions

The system of alternative pensions represents a serious
attempt to grant adequate compensation for the economic
loss suffered by disabled men through the effect of their
disabilities on their occupation; it is probably the most
interesting attempt hitherto made in war pensions legislation
to determine and compensate the real loss caused by disablement. But the restrictions imposed by administration and
the enormous difficulties encountered in the practical
application of this principle do much to decrease its value.
In the first place, it is clear that the 60 per cent, increase
is not sufficient to render pre-war and post-war earnings
comparable, while the limitation of the total amount of the
pension and the average post-war earnings to £5 and even
£4 per week seems rather too rigid. The regulations for the
determination of the average pre-war earnings of apprentices
and students involve methods which are sometimes largely
arbitrary; the determination of students' pensions on thè
basis of the total disablement pension and the length of their
school attendance scarcely seems to provide for the real loss
of earnings which they have suffered owing to the fact that
their disablement prevents them from following the profession
for which they had qualified. All students are treated in the
same way, regardless of their different ability and the different
earnings which they might have secured had they been able
to complete their education. Particular cases have to give
way to general rules, which can take no account of individual
peculiarities.
But conjecture is an even more noticeable in determining
'the disabled man's earning capacity after disablement.
This assessment is based on the position of disabled men on
their reabsorption into industry, a position extremely
difficult to estimate, and one for which the disabled man
cannot be held entirely responsible. No exact method at
present exists for determining what occupations are compatible
with given disabilities; it is impossible to say with any
certainly if a disabled man has obtained all the benefits
possible from re-training, if he is exercising his full efficiency
in his occupation, and whether the failure of training or

— 15 —
employment is due to his own lack of goodwill, or to defects
in the organisation for re-training and employment, or again to
the more or less unfavourable conditions of the labour market.
The determination of the earnings of which a disabled man
is still capable, as prescribed by law and administrative
regulations, make it necessary to fix a sum based on a number
of factors which it is extremely difficult to estimate exactly.
Though the system of alternative pensions encounters
great difficulties in its application, it at least possesses one
merit of a general character, which may be of the greatest
importance. Local war pensions committees and local
employment committees are obliged to make careful enquiries
into facilities for the employment and re-training of disabled
men and into the wages paid by employers. In order to
protect the interests of the state, the Ministry of Pensions
has to ascertain whether the disabled men are really receiving
the wages to which they are entitled, and whether the
organisations for employment and re-training are really doing
the work expected of them. This system involves the closest
connection which has as yet been established between the
industrial status of disabled men and the amount of their
pension. The system may be criticised in so far as a disabled
man's pension depends upon his own efforts and may be
diminished when his efforts increase. I t must be remembered,
however, that British legislation provides a double system
of compensation; the first system is independent of the disabled
man's wages, and pensioners are always entitled to choose
which system is most profitable for them. ISTor can a system
based on the difference between pre-war and post-war earnings
be criticised on the ground that it forces disabled men to
increase their post-war earnings (13).
W A R B I S K INSURANCE IN THE UNITED STATES

The Act of 6 October 1917, amended by that of 24 December
1919, established not only a system of compensation for death
or disabilities resulting from military service during the war,
but also a system of insurance against war risks. Compensation in the first case is granted on account of the loss suffered.
The men were mobilised in the service of the state and suffered
injury while in that service; the state therefore owes them
compensation in proportion to the injury suffered; the disabled
are not called upon to bear any costs or pay contributions of
any kind.
In the second case, on the contrary, the, insurance is a
contract between the individual and the state. A man, on
being called up for military service, is aware that he will
encounter grave dangers; in addition to the compensation
(13) See Appendix VI ; Summary
io disabled men up to 31 March 1920.

i

of aivards of alternative

pensions

— 16 —
prescribed, the state offers him an extra safeguard in the form
of insurance. But the individual is ,free to accept or refuse
this offer and, should he accept, he must, according to the
conditions of the law, fix the amount of the insurance, and
indicate the persons to whom it is to be paid. He has, naturally, to pay a premium.
Many soldiers called up in the United States had already
taken out a life insurance policy in time of peace; the great
majority of these policies excluded war risks, and the holders
thus lost, during their military service, the benefit of the insurance, for which they had often paid high premiums for many
years. Private insurance companies were quite ready to
insure against war risks, but they asked exceedingly high
premiums in view of the great risks incurred. In order to
avoid this extra expense, the Government recognised that it
was its duty to establish a system of insurance covering war
risks which would only entail the payment of premiums at
the ordinary rates charged by private insurance companies.
It was then proposed to allow soldiers to insure with private
companies at the ordinary premium for civil insurance, the
•extra premium regarded as necessary being paid by the state.
This plan was rejected for several reasons, chiefly because
the financial responsibility of the state would have been
heavily involved without any corresponding right of control
over the management of the companies ; for, if the system was
to provide proper guarantees for the state and the soldiers
insured, it would have been necessary to institute government
control of the financial operations of all the private companies
who were not inclined to agree to such a measure of control.
It was, therefore, recognised that a form of state insurance
was the only possible solution. As the Government was not
seeking to make any profit, it would therefore not have to
deduct any commission for the services of agents, and, as it
would not pay any taxes on its operations, this seemed
the cheapest form of insurance. A state system of insurance
was therefore established. After careful consideration it was
thought that the cheapest form of insurance would be the
best for dsaling with men mainly young and healthy, who would
be exposed for a short time to exceedingly great danger,
provided that this could be converted into permanent insurance
after the war. Consequently a form of insurance was
established which was renewable annually during the war,
and could be converted into a permanent insurance contract
during the five years following the war.
War Risk Term Insurance
War risk term insurance is of two kinds; insurance by
contract and automatic insurance. Insurance by contract

— 17 —
constitutes a contract between the soldier and the Government; the contract is effected at the request of the enlisted
man on the conditions stipulated by the law. The amount
varies from $1,000 to $10,000 in multiples of $500. The
premiums which must be paid are naturally in proportion
to the amount of the insurance; the rates also vary according
to age; for example, at the age of 15 the premium is 63 cents
per $1,000 of insurance, and at 65 $3.35 per $1,000. During
military service premiums are deducted from the soldiers'
pay by the military authorities, who then pay them to the
Bureau of War Kisk Insurance. Only certain ' risks, i. e.
death and permanent disablement, are covered.
The beneficiaries under the insurance are designated
in the contract by the man taking out the insurance; the Act
of 6 October 1917 limited fairly closely the classes of possible
beneficiaries, but these classes were considerably enlarged
by the Act of 24 December 1919. At present possible
beneficiaries include the wife children, grandchildren,
parents, brothers and sisters, uncles, aunts, nieces, nephews,
brothers and sisters-in-law of the insured person, and finally,
in case of total and permanent disablement, the insured
himself. The insured person is entitled at any time to change
the beneficiaries without their consent, and to choose others
within the classes admitted by the law. If the beneficiary
appointed dies before the insured himself, other beneficiaries
are then selected in accordance with the inheritance laws of
the State where the insured is domiciled.
If the insured is totally and permanently disabled, he
receives the insurance from the date of the occurrence of
disability, whether he has or has not been discharged, and for
the rest of his life. Other beneficiaries, on the decease of
the insured, receive payments for a period of 240 months;
for example, on a policy for $10,000 the beneficiaries would
receive $57.50 per month for twenty years. If the beneficiary
dies before 240 monthly payments have been made, the
remaining payments are made to the appropriate person under
the inheritance laws of the State where the former beneficiary
was domiciled.
Automatic insurance is an exceptional system established
to meet the needs of a temporary situation. War was declared
on 6 April 1917, but war risk insurance was only established
in October of the same year. At the latter date a certain
number of men were already dead or totally and permanently
disabled. Neither they nor their families had been able to
take advantage of the new insurance. The Act of 24 December
1919 therefore decided that all^ersons on active service between
6 April 1917 and 11 November 1918, who during this period
arid within 120 days of their commencing active service died
or had been totally and permanently disabled, should be
deemed to be entitled to insurance at the rate of $25 per month.

— 18 —
Permanent

Insurance

Section 404 of the Act of 6 October 1917, amended by the
Act of 24 December 1919, laid down that war term insurance
could be converted into permanent insurance during the five
years following the date of cessation of hostilities, which
was fixed as 3 March 1921. Immediately after the Armistice
and the return of demobilised men to civil life, claims for
convertion of insurance policies began to flow in. The
Bureau of War Bisk Insurance, and the Veterans' Bureau
which later took its place, laid down the conditions for such
conversion. Demobilised men who convert their insurance
under the conditions and within the limits specified by law
and administrative regulations need not undergo a medical
examination; it was desired to enable them to obtain the
benefits of insurance on as favourable terms as those obtained
by civilians from private insurance companies, ignoring the
effect on their health of the disabilities and fatigues caused
by the war.
The forms of insurance adopted are similar to those
generally offered by private insurance companies, namely
ordinary life insurance, policies paid up in twenty or thirty
years, and endowment insurance available after twenty or
thirty years or at the age of 62.
The beneficiaries under the insurance can choose one of
three systems of payment of the amount to which they are
entitled : (1) insurance payable in a lump sum : the insured
person must choose this system during his lifetime or in his
will; the lump sum is payable to the beneficiaries on the death
of the insured; (2) insurance payable in a fixed number of
monthly payments : this system can be chosen either by
the insured person or by the beneficiaries; (3) insurance
payable throughout the beneficiary's lifetime.
The Act of 9 August 1921 offers a number of special
advantages to insured persons disabled by infirmities
contracted during the war; it allows them to reinstate insurances
which have lapsed, even after very long periods; it also frees
them from the obligation to pay premiums while under
hospital treatment for war disabilities ; finally, in case of death
or permanent disablement due to war service, their insurance
is increased by special allowances from the state. The
particularly favourable conditions of war insurance have
resulted .in a large number of claims (over four million) for
war term insurance (14) and a number of applications, relatively large for so short a period of time, for permanent
insurance (15).
%
(14) See Appendix X : Statistics ol war risk term insurance on 30 June
1920.
(15) See Appendix X I : Statistics of permanent insurance on 30 June
1920.

— 19 —

APPENDIX
GREAT

I

BRITAIN

Royal Warrant of 6 December 1919 for the Pensions of Soldiers
Disabled, and of the Families and Dependents of Soldiers Deceased,
in consequence of the Great War. •

'PART I.

—

SOLDIERS

Disablement pensions to disabled soldiers
1.—(1) A soldier discharged as medically unfit for further service
or while suffering impairment, such unfitness or impairment being
certified as either attributable to or aggravated by military service
during the war and not being due to the serious negligence or
misconduct of the discharged man, may, if he is disabled in any of
the manners set forth in the First Schedule to this Our Warrant,
be granted a disablement pension at the weekly rates therein shown
as corresponding to the degree of his disablement. In the case of
injuries not shown therein, and in the case of disease, the pension
may be assessed at the degree in the Schedule which is held most
closely to represent the disablement corresponding to the injury
or disease.
Pension to be temporary at outset
(2) Except in those cases where the disablement has reached
its final condition, a disablement pension shall be temporary, at
the rate appropriate to the temporary disablement, and the grant
shall be reviewed from' time to time until a permanent assessment
can be made or the grant ceases. Where a temporary disablement
pension, including renewals, does not run beyond one year a supplementary gratuity of £5 may be granted at the termination of
such pension.
Minor disablements
(3) In any case where the degree of disablement is assessed at
less than 20 per cent., or where it is considered more in the interests
•of the soldier, a gratuity or final weekly allowance may be granted
in place of any pension. The grant will be subject to such conditions
as the Minister may determine, and its total amount will not exceed
£200, and will depend on the extent of the disablement and on
the other circumstances of the case.

— 20 —

Service pensions
(4) Subject to prescribed instructions a soldier entitled to a
service pension may receive—
either a disablement pension as for aprivate under the First
Schedule to the 1918 Warrant (together with an addition
of 20 per cent, thereof) in addition to his service pension
and, if the man has been promoted during the war to a
rank higher than that for which his service pension was
awarded, a further addition corresponding to the differencebetween the disablement pension under such Schedule
(with 20 per cent, addition) appropriate to the rank for
which his service pension was awarded and the disablement
pension (with 20 per cent, addition) under such Schedule
according to his rank, hereinafter referred to as "promotion
addition";
or a disablement pension as in the First Schedule heretoaccording to his rank, in lieu of his service pension.
Paid acting rank
(5) The disablement pension granted to a soldier who held paid
acting rank at the time he was wounded, injured, or removed from
duty in consequence of disablement, may be at the rate appropriateto that rank.
Allowance in respect of wife
la.—(1) A disabled man pensioned under Article I of this Our
Warrant may be granted during the continuance of his pension a.
weekly allowance in respect of his wife at such proportion of 10s.
as corresponds to the degree of disablement at which be is assessed
for pension.
(2) In this Article "wife" shall not include a wife whose marriageto the man took place—
(a) after the man's discharge;
(6) after the end of the war; or
(c) if during the service of the man, after the receipt of the
wound or injury or after his removal from duty on account
of the contraction or aggravation of the disease, for which
he receives pension;
nor, subject to the succeeding subsection, a wife who is separated
from her husband.
Allowance to separated wife
(3) Where a wife is separated from her husband the Minister
may, in his discretion, grant to such wife the weekly allowance specified in subsection (1) of this Article.

— 21 —

Allowance in respect of unmarried i. . '
(4) An allowance as in subsection (1) of this Article, but with
7s. 6d. substituted for 10s., may be granted in respect of a woman
living as his wife with the disabled man if she has drawn in respect
of him separation allowance as for a wife.
• Children's allowances to disabled soldiers
2.—(1) A disabled man pensioned under Article I of this Our
Warrant may be granted during the continuance of the pension an
allowance for each child under the age of 16 at such proportion
of the following weekly rates as corresponds to the degree of disablement at which the man is assessed for pension :

Coiumn 1

For a first child
Por a second child
For each child after the second

Column 2.
Where an allowance is granted
under the preceding Article
s.
7
6
6

Column 3.
Where no allowance is granted
under the preceding Article

d.
6
0
0

s. d.
10 0
7 6
6 0

(2) The allowance may (subject to the continuance of the pension)
be granted or continued beyond the age of 16 in the case of young
persons receiving not more than nominal wages, or of children being
educated at secondary schools, technical institutes, or universities.
and may be granted or continued between the ages of 16 and 21 in
the case of a child incapable through mental or physical infirmity
of earning a living, provided the infirmity existed before the child
attained the age of 16.
(3) In any case in which, in the opinion of the Minister, it may
become necessary to secure the proper care of a child on behalf
of whom an allowance is payable^ the allowance, instead of being paid
to the parent, may be administered under such conditions as the
Minister may determine.
(4) In the event of a parent being wholly or partially relieved
of the charge of any child by its maintenance in the Army, Navy,
or Air Force, or in any institution wholly or mainly supported from
public funds, the allowance granted on account of that child may
be reduced by the extent of that relief.
Alternative pensions to disabled soldiers
3.—(1) Any disabled man pensioned under Article I of this Our
Warrant whose pre-war earnings (excluding any addition thereto
under paragraph (c) and with 5s. substituted for 8s. in paragraph (d)
of Article 24 (6)) exceeded 25s. a week and who, within one year of

— 22 —
the date of this Our Warrant or one year after the notification
to him of the first award of pension under Article I, whichever is
the later date, shall prove in the prescribed manner the amount
of his pre-war earnings, may, at the same time, or at any time
thereafter, make application for an alternative pension, and if he
shows that his disablement pension with any allowances granted
under Articles la and 2, together with the average earnings (if any)
of which he remains capable, are less than his proved pre-war earnings,
he may be granted an alternative pension in lieu of such disablement
pension and allowances.
An alternative pension may be granted temporarily or permanently and shall be of an amount which, together with the average
earnings (if any) of which the man is judged capable, shall n o t
exceed his pre-war earnings nor 100s. a week ; provided that—
(a) in assessing the average earnings (if any) of which a man
remains capable any decrease thereof not due to the
. disablement for which the man is pensioned shall be
disregarded, and the refusal or neglect to undergo any
course of treatment or training which in the opinion
of the Minister would materially increase the man's
earning capacity may be taken into account;
(b) in the case of a man who has lost both arms or both legs or
the sight of both eyes the average earnings (if any) of
which he may be capable shall not be taken into account -t
and
(r) where owing to physical incapacity or other cause over which
the man had no control he has been unable to prove the
amount of his pre-war earnings within the time above
specified the Minister may, in his discretion, extend
such time.
(2) An alternative pension shall be payable as from the date
from which the claim thereto is established.
(3) Where a man pensioned under this Article or in receipt
of an allowance on the alternative pension scale is separated from
his wife the provisions of Article la (3) shall apply, and any allowance
granted to the separated wife may be deducted from the man's
pension or allowance.
(4) Where, in the opinion of the Minister, it may become necessary
to secure the proper care of a child of a man pensioned under this
Article or in receipt of an allowance on the alternative pension scale.
the Minister may deduct from the alternative pension or any such
allowance such sum as he may deem sufficient for the maintenance
of such child, and may administer the same under such conditions
as he may determine.
Condition as to undergoing treatment
4.— Half the pension and allowances (if any) awarded under the
preceding Articles may be subject to the condition that the disabled
man shall undergo medical treatment in an institution or otherwise
for any period during which it may be certified that such treatment
is necessary in his interests.

— 23 —
Such misconduct of the man as shall render it necessary, in
the discretion of the Minister, to discontinue the man's treatment
may be deemed to be refusal to undergo treatment.
Permanent awards to disabled soldiers: review
5.—(1) When a permanent pension has been granted, it shall
not be altered on account of any change in the man's earning capacity,
whether resulting from training or other cause; neither shall it
be subject "to review except—
(a) When a man whose pension is assessed under Article I of
this Our Warrant claims that there has been a substantial
increase in the extent of the disablement due to the
original cause.
(b) When a man whose pension is assessed under Article I of
this Our Warrant, and who has duly proved his pre-war
earnings as provided by Article 3, shows that it would
be more advantageous to him to be assessed under that
Article.
(c) When a man in receipt of an alternative pension under one
of Our previous Warrants shows that by reason of the
allowances granted under Article la of this Our Warrant
it would be more advantageous to him to be assessed
under Article I.
(d) Under the following subsection or under Article 24a or 24b.
Error, etc.
(2) The Minister may at any time order the review of any pension
in any case where—
(a) A pension has , by error in interpretation or fact, been granted
to a disabled man in excess of the amount appropriate
to the degree of his disablement;
(b) The Minister has reason to believe that a pension has been
obtained by any improper means; or
(<¿ A pension has been granted by error.

Re-enlistment, etc., of pensioner
5a.—A man who, being in receipt of any pension for disability,
re-enlists, or joins Our Eoyal Navy or Eoyal Air Force, or is granted
a commission, or is recalled to Our Naval, Military, or Air Service,
during the continuance of the war, shall, whilst he remains in our
Naval, Military, or Air Service be entitled—
(a) If in receipt of a permanent pension, whether disablement
or alternative, to receive his appropriate disablement
pension, but shall not be entitled to receive any allowances under Article la or 2; and

— 24 —
(b) If in .receipt of a temporary, pension, whether disablement
• • . ' . ' . or alternative, to, receive his appropriate disablement
pension without allowances under Articles la or 2, for
the period of the award, at the expiration of which the
grant of pension will be reviewed.
Grants to and in respect of disabled men under treatment
6.—(1) In any case where it is certified that a disabled man to
whom a pension, gratuity or final weekly allowance has been awarded
under the preceding Articles of this Our Warrant (or, as provided
in the Preamble (1) hereto, under a previous Warrant) should, in consequence of his disablement, undergo any course of medical treatment in an institution or otherwise, and he is deemed unable in
consequence to provide for his own support and that of his family,
there may be. granted to or in respect of him, in lieu of any pension
and allowances, for the purpose of undergoing treatment, for such
period and subject to such conditions as the Minister may determine,
an allowance as follows :
Home treatment
(a) If the man lives at home during treatment—
Hither (i) an allowance of an amount equivalent
to that corresponding to the highest degree of disablement according to his rank as shown in the First
Schedule to this Our Warrant, together with an
allowance of 10s. a week for his wife and allowances
at the full rate under column 2 or 3, as the case may
be, of Article 2 (1) of this Our Warrant for his children ;
Or (ii) where the man has duly proved his pre-war
earnings as provided by Article 3 of this Our Warrant,
an allowance equal to the maximum pension which
would be payable to him under that Article if he were
without earning capacity (herein referred to as an
allowance on the alternative pension scale);
whichever is the greater.
Institutional

treatment at public cost
m

(b) If the man lives in an institution or elsewhere away from
home during treatment at the cost, in whole or in part,
of public funds—
Either (i) a weekly allowance as follows :
s. d.
To a Warrant Officer, Class I.
41 0 / Or 21s. plus
. To a Warrant Officer, Class II, or Non-comI his
service
, missioned Officer, Class I.
34 4 I pension
and
To a Non-commissioned Officer, Class II.
31 0 \ promotion ad' To a Non-commissioned Officer, Class III.
27 8 I dition (if any),
To a Non-commissioned Officer, Class IV.
24 4 whichever is
To a Private, etc., Class V.
21 0 1 the greater;
(1) Editorial Note.
• It has not been deemed necessary to reproduce
;
the Preamble in th s Memorandum.

- a s and for his children' the allowances at the full rate as
sel; forth in column 2 in' A r t i d e ' 2 (1) of this Our
Warrant, 'together with a weekly allowance for his
wife of 20s., or for a dependent ' supported by him
up to the time when his treatment commences (unless
prevented by circumstances beyond his control), such
amount not exceeding the amount of ascertained
dependence (together with an addition of 20 per cent.
thereof) up. to 14s. a week, as the Minister may determine; provided that where no allowance is being paid
either fòr a wife or in lieu of an allowance for a wife,
or for a "dependent living with the children, weekly
allowances, of 12s. for the first child and l i s . for each
subsequent child may be substituted for those in
Article-2 (1);
Or (ii) where the man has duly proved his pre-war
earnings as provided by Article 3 of this Our Warrant,
an allowance on the. alternative pension scale less
19s.;
.
' . - . . .
whichever is the greater;
Special provisions as to lunatics
Provided that, any allowance under this paragraph
to a lunatic soldier may be reduced by the amount which
may be granted to a dependent who is not a relative of
such soldier;
And provided also that where the man is a lunatic
without wife, child, or dependent the total cost of his
treatment, his maintenance, any provision for his extra
comfort, and any payment made under Article 1212 in
the Third Schedule (!) hereto (herein below referred to as
his total cost of treatment) may be paid on behalf of
the man in place of any allowance as above stated, but
on his recovery and. discharge from the institution he
shall be granted the difference between the total amount
of an allowance calculated under paragraph (a) (i) or (a) (ii)
above, whichever is the greater, and his total cost of
treatment.
Institutional

treatment not at public cost

(c)' If the man is maintained in an institution during treatment
the cost of his treatment not being borne in whole or in
part by public funds—
Either (i) an allowance of an amount equivalent to
that corresponding to the highest degree of disablement
according to his rank as shown in the First Schedule
to this Our Warrant, together with weekly allowances
(2) It has not been deemed necessary to reproduce the Schedule in
question in this Memorandum.

— 26 —
for his children, wife, or dependent as set forth in
paragraph (b) (i) above;
Or (ii) where the man has duly proved his pre-war
earnings as provided by Article 3 of this Our Warrant,
an allowance on the alternative pension scale;
whichever is the greater.
Application

of preceding subsection

(2) In the application of the preceding subsection—
(i) Where the man is entitled to a service pension the allowance
under paragraphs (a) (i) and (c) (i) according to his rank
shall be calculated under Article I (4) of this Our Warrant ;
(ii) If the man is eligible for an allowance under subsection (4)
of Article la he may be granted, in lieu of an allowance for
a wife, an allowance of 7s. 6d. a week under paragraph (a)
or 14s. a week under (b) or (c).
(iii) Any allowance for a child shall be subject to the provisions of
subsections (2), (3) and (4) of Article 2, and where an
affiliation order has been made with respect to any child
the allowance may be reduced to the amount stated in
the order.
Expenses of treatment
(3) Any charges, fees, or expenses in respect of the treatment
of a disabled man that are not otherwise provided for may be paid
under such conditions as the Minister may determine.
Partial

treatment

(4) In any case where it is certified that a disabled man should,
in consequence of his disablement, undergo medical treatment in
circumstances which do not render him unable to provide for his
own support and that of his family, but require him to absent
himself from his work on one or more occasions in a week, there may
be granted to him in addition to any pension, gratuity, or final
weekly allowance awarded to him under the preceding Articles of
this Our Warrant an allowance not exceeding 16s. a week for the
time he is required so to absent himself, the allowance to be subject
to such conditions as the Minister may determine.
Constant attendance allowance
6a.—In addition to any pension awarded under the foregoing
Articles there may be granted, under such conditions as the Minister
may determine, to or on behalf of a man disabled in the highest
degree, an allowance not exceeding 20s. a week in any case where
a constant attendant is necessary.

27 —

Where disablement is not attributable to or aggravated by service
7.—(1) A soldier discharged as medically unfit for further service,
such unfitness being neither attributable to nor aggravated by
military service, and not being due to the serious negligence or
misconduct of the discharged man, may be granted a gratuity or
final weekly allowance. The grant will be subject to such conditions
as the Minister may determine. In exceptional circumstances it
may amount to a sum not exceeding a total of £150, and generally
it will depend on the extent to which the man is incapacitated, on
the length and character of his service, and on the other circumstances
of the case.

Medical treatment
(2) Subject to such conditions as he may determine, the Minister
may pay any charges, fees, or expenses, not otherwise provided for,
in respect of the treatment for the period of the war and 12 months
afterwards of any disabled man who comes within the provisions
of the preceding subsection and who is certified to need medical
treatment in an institution, provided that such treatment shall be
limited to the disability for which the man was discharged.
During such treatment there may be granted to the wife and
children of such disabled man, or to a dependent as particularised
in subsection (1) (b) of Article 6, allowances in accordance with the
provisions of that subsection.

Temporary pensions to disabled soldierß
8.—(1) A soldier, other than a soldier transferred to Class Z of
the Army Eeserve, discharged as medically unfit for further service
or while suffering impairment, may be granted a temporary pension
of 40s. a week for any period (but not less than four weeks) that may
elapse between the date of his discharge and the announcement
of a decision as to the award of pension or gratuity in his case, together
with allowances under Articles la and 2 at thejfull disablement
rate from the date of cessation of separation allowance. Arrears
of this temporary pension will not be granted for more than a fortnight before an intimation of the discharge is received by the Ministry,
or, if there has been no such intimation, before the date of any
application that may be made to the Ministry for an allowance or
for a pension.
(2) This temporary pension will be deducted from any pension
for the corresponding period in so far as the pension for that period
may be sufficient to meet it, but no deduction on account of the
temporary pension exceeding the rate of pension will be made from
any subsequent issues of pension, and no deduction will be made
from any gratuity or final weekly allowance.- - - > . - •
. ,

— 28 —

Medical treatment
(3) Subject to such conditions as hé may determine, the Minister
may pay any charges, fees, or expenses that are not otherwise
provided for in respect of the medical treatment of any disabled
man to whom a temporary pension has been granted under subsection (1) of this Article, and who is certified to need medical treatment in consequence of the disability for which he was discharged.
Where disablement reveals itself after discharge
9.—If a man after discharge suffers from a disablement which
is certified as either attributable to or aggravated by military service
during the war, such disablement not being due to the soldier's
serious negligence or misconduct, he may be granted a disablement
pension or a gratuity or final weekly allowance under Article I of
this Warrant as if he had been discharged as medically unfit for
further service upon the date from which his claim is established.

PART I I . —

WIDOWS AND DEPENDENTS

General conditions
10.—(1) Pensions to the widows children and dependents of
deceased soldiers, for which provision is maae in the following
Articles, shall not be claimed as a right, but shall be given as a
reward of service, and no pension shah be granted or continued to
a widow or dependent who, in the opinion of the Minister, is unworthy
of a grant from public funds, and it shall be in the power of the
Minister to terminate or suspend any pension that may have been
granted to such persons or to provide for its administration under
such conditions as he may determine.
(2) Where a widow, or a dependent under Article 20 of this
Our Warrant, is under treatment for physical or mental disability
in a poor law or other institution at the cost, either wholly or in
part, of the Poor Law Authorities, any pension or allowance which
may have been granted to her shall be administered on behalf of
herself and her children under such conditions as the Minister may
determine.
Pensions to widows
11.—The widow of a soldier who (a) is killed while in the performance of military duty during the war, or (ft) dies as a result of
wounds or injuries received in the performanceof such duty within
seven years of receiving such wounds or injuries, or (c) dies of disease,
certified as contracted, or commencing while on active service during
the war, or as having been aggravated by such active service, within
seven years of his removal from duty on • account of such disease,

— 29 —
may, provided the soldier's death has not been caused by his serious
negligence or misconduct, be granted a widow's pension at the
Hollowing weekly rates :
Column 1.
Rank of husband

Warrant Officer, Class I .
Warrant Officer, Class IT, or Noncommissioned Officer, Class I .
Non-commissioned Officer, Class IT.
Non-commissioned Officer, Class I I I .
Non-commissioned Officer, Class IV.
Private, etc. Class V.

Column 2.
Widow over
40 years, or
with children
eligible for
allowance
s. d.
40 0

Column 3.
Widow not
over 40 years
and without
children eligible
for allowance
s. d.
30 0
26
25
23
21
20

35 7
33 4
31 1
28 11
26 8

8
0
4
8
0

The pension granted to the widow of a soldier who held paid
acting rank at the time lie was killed or was removed from duty
owing to wounds, injuries, or disease, from which he subsequently
died, may be at the rate appropriate to that rank.
Children's allowances to widows
12.—A widow pensioned under Article 11 of this Our Warrant
may be granted an allowance at the following weekly rates for each
child under the age of 16 so long as the child is maintained by her :
j.

d.

For a first child
• 10 0 '
For a second child
7 6
For each child after the second
6 0
The provisions for the grant or continuation of this allowance
beyond the age of 16, for its administration to secure the proper
maintenance of the child, and for its reduction to the extent to which
the parent is relieved of the charge of the child shall be as set forth
in subsections (2), (3) and (4) of Article 2 of this Our Warrant.
Alternative pension to widows
13.—(1) Any widow in receipt of a pension under the second
column in Article 11 of this Our Warrant who makes application
and shows that she was married to the soldier before the commencement of the war or before the date of his enlistment, whichever
was the later, and that her widow's pension with any children's
allowances and any pension under Article 18 in respect of the soldier
is, or eventually may be, less than two-thirds of her husband's
pre-war earnings, may be granted, in lieu of her widow's pension
and any such children's allowances and pension, an alternative
pension (which shall not exceed two-thirds of such deceased soldier's
pre-war earnings) up to a maximum of 66s. 8d. a week ; provided —

— 30 —
(a) that application shall be made within one year of the date
of this Our Warrant or one year after notification to the
widow of the award of pension under Article 11, whichever
is the later;
(b) that such widow's pension under Article II (together with
any such children's allowances and pension) shall, if
greater than the alternative pension assessed under this
subsection, continue until it becomes less than the
alternative pension;
(c) that if a widow to whom an alternative pension has been
granted under this, subsection ceases to be eligible for
a pension under the second column of Article 11, but
would be eligible for a pension under the third column,
her alternative pension shall cease to be calculated under
this subsection and shall be thenceforth calculated under
subsection (2) of the Article; and
(d) that the provision in Article 3 (4) of this Our Warrant to
secure the proper care of a child shall apply in the case
of any pension awarded under this subsection.
(2) Any widow in receipt of a pension under the third column
in Article 11 who makes application and shows that she was married
to the soldier before the commencement of the war or before the
date of his enlistment, whichever was the later, and that her widow's
pension with any pension under Article 18 in respect of the soldier
is, or eventually may be, less than one half of her husband's pre-war
earnings, may be granted, in lieu of her widow's pension and any
such pension under Article 18, an alternative pension (which shall
not exceed one half of such deceased soldier's pre-war earnings)
up to a maximum of 50s. a week; provided—
(a) that application shall be made within one year of the date
of this Our Warrant or one year after the notification to
the widow of the award of pension under Article II,
whichever is the later;
(b) that such widow's pension under Article II (together with
any pension under Article 18) shall, if greater than the
alternative pension assessed under the subsection, continue
until it becomes less than the alternative pension; and
(c) when the widow reaches the age of 40 the alternative pension
shall be raised from one half of her husband's pre-war
earnings to two-thirds thereof up to a maximum of 66s. 8d.
a week.
(3) Any pension under Article 18 of this Our Warrant shall be
deducted from a widow's alternative pension.
Gratuity on husband's death
14.—In addition to any pension and children's allowances
awarded under the foregoing three Articles a widow may be granted,
under such conditions as the Minister may determine, a gratuity
to meet expenses consequent on the soldier's death not exceeding
£5 for herself and £1 on account of each child for whom she may
be receiving separation allowance or in respect of whom she is
eligible for an allowance under Article 12.

— 31 —

Allowances to widows where death of soldier not attributable
15.—The widow of a soldier who, during the war, has died from
wounds, injuries, or disease, neither attributable to military service
nor certified as contracted or commencing while on active service
nor as having been aggravated by such service, but not due to the
serious negligence or misconduct of the deceased man, may be
granted a temporary pension of 15s. a week for the period of the
war and for 12 months afterwards.
If the soldier died in the circumstances set forth above whilst
in military service, the widow may be granted in addition a gratuity
to meet expenses consequent on the soldier's death not exceeding
£5 for herself and £1 on account of each child for whom she may
be receiving separation allowance.

Gratuities to widows on re-marriage
16.—Any pension granted to the widow of a soldier under Article
11 or 13 of this Our Warrant shall cease on her re-marriage, and she
may then be given a gratuity equal to one year of her widow's
pension calculated under Articles II and 14 of the 1918 Warrant,
subject to such conditions as to payment as the Minister may determine. Allowances for children under Article 12 of this Our Warrant
may be paid after re-marriage.
»

Widows of pensioners
17.—(1) The widow of a man who was at the time of his death
(not being due to his serious negligence or misconduct) in receipt
either of a disablement pension which, calculated at the rates set
forth in the First Schedule to the 1918 Warrant, and based on the
man's rank, would not have been less than 10s. a week, or of an
alternative pension which, calculated under the 1918 Warrant,
would not have been less than 10s. a week, may be granted a pension
of not more than one-half of the deceased man's pension so calculated and based, and in no case at a higher rate than provided for
under Article 11 of such Warrant, this grant to be subject to such
conditions as the Minister may determine, and to cease on remarriage.
(2) "Widow" in this Article means a widow—
(a) the circumstances of whose husband's death do not entitle
her to a pension under Article II of this Our Warrant,
and
(b) who, if her husband had died in the circumstances set forth
in Article 11 of this Our Warrant, would have been eligible
for a pension under that Article.

— 32 —

Motherless children of pensioner
(3) The motherless children of a man whose widow would have
been eligible for a pension under this Article may be granted pensions
in accordance with the terms and subject to the limitations of
Article 18 (1) of the 1918 Warrant, the total of such pensions not
to exceed one-half of the man's pension calculated and based as in
subsection (1) of this Article.

Motherless or illegitimate children of deceased soldier
18.—The child of a soldier who has died in the circumstances
set forth in Article 11 of this Our Warrant may be awarded a pension
not exceeding :
(1) 12s. a week where the child is or becomes motherless, or
has been removed from the control of its mother. In the
event of two or more children being maintained by one
person in the same household or institution the amount
will be reduced to l i s . for each child after the first; and
(2) 8s. a week where an affiliation order was in force on account
of a child at the time of the soldier's death, or, in the case
of the child of a woman who was not married to or supported by the soldier, where there is satisfactory proof
that he was its father.
Any pension granted under this Article shall be administered
subject to such conditions as the Minister may determine and, as
far as they are applicable, the provisions of subsections (2) and (4) of
Article 2 of this Our Warrant shall apply to any such person.
Separated wives
19.—The separated wife of any soldier who has died in the
circumstances set forth in Article II of this Our Warrant may,
provided the marriage took place at a time entitling the widow
to a pension and the man contributed to her support,'be granted a
pension equal to the amount due to her under a separation order
or otherwise paid by or in respect of her husband, or both, but not
less than 3s. 6d. a week and not exceeding 13s. 9d. a week, and allowances for her children, if maintained by her, as in Article 12 of this
Our Warrant. Allowances for children as in Article 12 may also
be granted to the separated wife of a soldier where he did not contribute to her support.
Unmarried wives
20.—Any woman who has lived as his wife with a soldier who
has died in the circumstances set forth in Article II of this Our
Warrant, may, if she had been wholly or substantially dependent

— 33 —
on that soldier, and has been drawing separation allowance as for
a wife or was eligible for such allowance, be granted a pension as
follows :
(1) If and for so long as she has any children of the soldier in
her charge, 12s. a week and allowances for children as
in Article 12 of this Our Warrant.
(2) If she has no children of the soldier, or has ceased to have
them in her charge (otherwise than from their being
removed from her control on account of her misconduct),
12s. a week for the period of the war and 12 months
afterwards, or for 12 months after ceasing to have any
child of the deceased soldier in her charge, whichever
be the later date, and for any subsequent period during
which, from infirmity or age, she is wholly or partly
incapable of supporting herself.

Parents
21,—(1) The parent (or parents) of a soldier who has died in the
circumstances set forth in Article 11 of this Our Warrant may be
granted a pension under the following conditions :
Dependency

pension

(a) If dependent on the soldier, a pension equal to the amount
of pre-war dependence (together with an addition of
20 per cent, thereof), or 4s. 2d. a week, whichever is the
greater, but not exceeding 18s. a week, or a pension under
(c) if more beneficial; or
Need pension
(b) If at any time either or both of the parents is or are wholly
or partly incapable of self-support from age or infirmity
and in pecuniary need, a pension of not less than ás. 2d.
(or 5s. if the conditions at (c) are complied with) and not
exceeding 18s. a week; or
Flat rate pension
(c) Where the soldier was unmarried and where no pension or
allowance is being paid to or for a child or dependent in
respect of him, a pension of 5s. a week, irrespective of
pre-war dependence, age, infirmity or pecuniary need :
provided that the soldier was under the age of 26 at
the outbreak of the war, or date of joining the colours,
if later.
An allowance as in Article 12 may be paid for any child of the
soldier maintained by the parent and not otherwise provided for
under this Our Warrant.

— 3é —

Where two or more sons deceased
(2) (i) A pension under subsection (1) (a) or (c) of this Article
may be granted on account of each son who has died in the circumstances set forth in Article II, but the total of the pensions shall
not exceed 18s. a week for each surviving parent.
(ii) If the amount of pre-war dependence on two or more sons
was greater than 18s. a week (or than 36s. a week in the case of
two surviving parents), a gratuity not exceeding that under Article
22 (2) may be given, under such conditions as the Minister may
determine, in respect of the balance of pre-war dependence not
represented in the pension.
(iii) If either parent is in receipt of a pension in respect of a son
who has died as an officer, the pension or pensions which may be
granted under this Article in respect of any other son or sons shall
not, together with that pension, exceed the pension which has been
or could have been awarded to the widow of the officer son under
Article I.I (1) or, (2) and the Second Schedule of Our Warrant of the
1st day of August 1917, or any provisions substituted therefor, or,
where there are two parents, 36s. a week; if greater.
Transfer to surviving parent
(3) Subject to subsection (2) of this Article, the pension shall be
the same whether both parents are concerned or there is only one
parent, and on the death of one parent payment may be transferred to the surviving parent, but so that no parent receives a
pension of more than 18s. a week.
Re-marriage of mother
(4) A pension shall not be granted to the mother of a soldier
under subsection (1) (a) or (c) of this Article if she marries or remarries after the date of mobilisation, or enlistment, if later.
Non-attributable cases
(5) The parent (or parents) of a soldier who has died in the
circumstances set forth in Article 15 may, if they would have been
eligible for a pension under subsection (1) (a) or (ft) of this Article
had his death taken place in the circumstances set forth in Article II,
be awarded a grant as in Article 22 (2) at the discretion of the Minister.

Other dependents
22.—(1) Any dependent of a soldier who has died in the circumstances set forth in Article II, not coming under Articles 18, 19,
20, or 21 of this Our Warrant, but in respect of whom separation
allowance has been paid, or who was eligible for such allowance,

— 35 —
may, provided he or she is wholly or partially incapable of selfsupport and in pecuniary need, be granted a pension equal to the
amount of pre-war dependence(together with an addition of 20 per
cent, thereof), but not exceeding 16s. 6d. a week, so long as the
incapacity continues. If it ceases, a final gratuity may be given
not exceeding the amount of 26 weeks' pension, or the balance of
such gratuity as might have been issued under the following subsection if there had been no incapacity, whichever is the greater.
(2) Any dependent of a soldier who has died in the circumstances
set forth in Article 11, but not including a woman who has lived with
a soldier as his wife, may, if not entitled to a pension under the
preceding subsection, receive a grant by way of gratuity or weekly
payment, not exceeding in all a year's pay of the deceased soldier
or a year's allowance at the rate at which separation allowance and
allotment were last paid or payable, whichever is the greater, to be
awarded at the discretion of the Minister.
Marriage of female dependents
23.—Any pension granted to the separated wife or to a female
dependent of a soldier under Articles 19, 20, 21, or 22 of this Our
Warrant shall cease on her marriage or re-marriage, and she may
then be given a gratuity not exceeding the amount of 26 weeks'
pension based on the corresponding Article of the 1918 Warrant,
subject to such conditions as the Minister may determine.
Allowances for children under Articles 19 and 20 of this Our Warrant may
be paid after marriage or re-marriage.

PART I I I .

— GENERAL PROVISIONS

Interpretation of terms
24.—In this Our Warrant, unless the context otherwise requires—
(1) "Soldier" means a soldier as defined in the Army Act, who
has been enlisted or entered into service in any portion of
the Eegular Army, the Special Eeserve, or the Territorial
Force ordinarily maintained by enlistment in the United
Kingdom.
'
I t also covers all troops raised within or without the
United Kingdom, whose terms of service included, or have,
under due authority, been made to include, the pension
provisions for the time being for British troops, if such
provisions are a charge on British revenues. But it does
not include soldiers who have been merely attested and
passed to the Reserve, or members of the Volunteer Force,
or any other persons, unless and until they actually served
as soldiers in circumstances to which the pension rights of
the Eegular Army normally, or under their conditions of
service, attach.
(2) "Widow" means the widow of any soldier, but shall not include
a widow whose marriage took place after the end of the war,
or after the discharge of the soldier, or if during the service

/

— 36 —
of the soldier after the receipt of the wound or injury which
caused his death, or after removal from duty on account
of the contraction (if contracted during the war) or aggravation of the disease which caused his death, or a widow who
was separated from her husband at the time of his death.
(3) "Child" means any child of a soldier born before or within nine
months after the soldier's discharge, and may include any
child regularly maintained by the soldier at the commencement
of the war or at the date of his enlistment, whichever was
the later, but shall not include the child of a wife or widow
who was married to the soldier after the end of the war, or
after his discharge, or after the receipt of the wound or
injury in consequence of which he was discharged or which
caused his death, or after removal from duty on account
of the contraction (if contracted during the war) or the
aggravation of the disease in consequence of which he was
discharged or which caused his death, and shall not include
an illegitimate child born later than nine months after the
removal of the man from duty on account of the disability
for which he was discharged or which caused his death;.
provided that in Articles 6 (1) and 7 (2) the words "child"
and "children" shall also include any child of a soldier born
after nine months after the soldier's discharge who is
recognised as being or proved to be the soldier's child.
(4) "Parent" includes a grandparent or other person who has
been in the place of a parent to a soldier, and has wholly
or mainly supported him for not less than one year at some
time before the commencement of the war.
(5) "Dependent" means any person (other than a widow or
child as defined above) who is found as a fact to have been
wholly or in part dependent upon a soldier for a reasonableperiod immediately before the commencement of the war.
and in the case of a deceased soldier up to the death of the
soldier unless he shall have been prevented from contributing
by circumstances beyond his control, and in Articles 10 (1),
23 and 24 b shall include a parent eligible for a pension under
Article 21 (1) (c). "Dependent" means so dependent as
aforesaid.
(6) (a) "Pre-War Earnings" means, in the case of a man who was
in employment under a contract of service, the average
weekly earnings during the twelve months immediately
preceding the outbreak of the war. Average weekly earnings
shall be computed generally in accordance with the provisions of the Workmen's Compensation Act 1906 ; provided
that where in the course of such twelve months there was.
a change in the man's rate of remuneration, and such change
was not of a temporary but of a reasonably permanent
nature, then the average weekly earnings shall be calculated
on the man's earnings during the period since such change
in his remuneration, or since the last of such changes if
there were more than one. In the case of a man in a trade,
business or profession, the average profits of the last three
years preceding the commencement of the war shall be
taken, or of such lesser period as he engaged therein.

— 37 —
(&) In the calculation of the pension to or on account
of a soldier who at the commencement of the war was serving and had served not less than one year as an apprentice in any recognised trade, the standard rate of wages of
that trade in the district at the time of the commencement
of the war may be substituted for pre-war earnings; provided enlistment took place before the age of 26, and the
man is by reason of his disablement incapable of completing
or has completed his apprenticeship.
(e) In computing the average weekly earnings or average
profits of a man or the standard rate of wages of his trade,
as the case may be, an addition of 60 per cent, m a / be made
to any such earnings, profits, or rates of wages.
(d) In the calculation of the pension payable to or on
account of a soldier who, for the purpose of qualifying for
any profession or employment, had, after the age of 16,
attended regularly any school, college, university, or hospital,
or had been articled in accordance with the recognised practice of any profession, an amount equivalent to what would
have been the soldier's disablement pension for the highest
degree of disablement, with an addition of 8s. for eacli
completed year of such attendance or "articles" before
the age of 23, may be substituted for pre-war earnings, up
to a maximum of 80s. a week : provided enlistment took
place before the age of 26 and the man is by reason of his
disablement incapable of qualifying or has qualified for
such profession or employment.
,(7) "Pre-War Dependence" means the amount, expressed as a
weekly or annual sum, representing the value of the support afforded to, or of benefits conferred upon, a dependent
by a soldier for a reasonable period immediately preceding
the commencement of the war (or entry into service or
enlistment, if subsequent to the commencement of the
war), exclusive, however, of any increase thereof due to
circumstances arising out of the war in the case of entry
into service or enlistment subsequent to the commencement
of the war, and shall include the following :
(a) Amount regularly contributed by the man if he
received no material benefits in return therefor.
(&) Amount regularly contributed by the man in excess
of expenditure incurred on his account.
(c) Money value of any benefit conferred upon the
dependent by the man.
{8) "Certified" means, in respect of any medical certification
certified by a medical officer or board of medical officers
appointed for the purpose by the Army Council or by the
Minister.
(9) "Discharge" includes transfer to Class P. or P. (T.) or Z. of
the Army Eeserve.
410) "The 1918 Warrant" means Our Eoyal Warrant of the
17th April 1918, with respect to the pensions of soldiers
disabled and of the families of soldiers deceased in consequence of the war.

— 38 —
(11) "Prescribed" means prescribed by Instructions issued by
the Minister.
Readjustment of rates according to cost of living
24a.—The rates of pension and allowance specified in the Second
Schedule (') hereto, and any pensions and allowances awarded under
or by virtue of the Articles therein mentioned (hereinafter referred
to as the scheduled rates) shall be deemed to be based on the cost
of living for the year 1919, and shall be subject as prescribed to
increase ör decrease in accordance with the increased or decreased
cost of living as compared with the cost of living for the year 1919,
such increased or decreased cost being determined by a certificate
to be furnished in January of the year 1923 and of each succeeding
year for this purpose by Our Minister of Labour; provided that the
scheduled rates shall not be reduced below the minimum rates set
forth in the second column of the Second Schedule hereto, and t h a t
no readjustment shall take effect before the 1st day of April 1923.
There shall be no readjustment in the year 1923 unless the certificate of Our Minister of Labour shows a difference between the cost
of living in the year 1919 and in the year 1922 of at least 5 per cent.,
nor shall there be any readjustment in any succeeding year unless.
the certificate of Our Minister of Labour shows that the cost of
living for the previous year differs from the cost of living in the year
as to which the last readjustment was made (or the year 1919 if
there had been no readjustment) by at least 5 per cent, of the cost
of living in the year 1919.
"Cost of living" in this Article means the general cost of living
of working-class families.
Third party compensation may be taken into consideration
24b.—Where a soldier is injured or killed in such circumstances
that a pension, allowance, or grant is payable to or in respect of
him under this Our Warrant, and where he or his widow, child, or
dependent receives compensation from or on behalf of the person
alleged to be responsible for the act or commission which caused the
injury or death, any such compensation may be taken into consideration in assessing any pension, allowance, or grant which might,
be awarded to or in respect of the man, and where the compensation
is received after assessment it may be taken into consideration
and the assessment may be amended or cancelled accordingly.
Warrants retained in operation
25.—(1) The provisions, enumerated in the Third Schedule
to this Our Warrant, of Our Warrant for the Pay, etc., of the Army,
1914, and of the subsequent Warrants specified, shall remain in
force as regards pensions and grants on account of disablement
(3) Editorial Note. It has not been deemed necessary to reproduce.
the Schedule in question in this Memorandum.

— 39 —
or decease, except as modified herein and in the said Schedule, and
by the substitution, so far as these pensions and grants are concerned,
of Our Minister of Pensions for Our Army Council and for Our
Commissioners of Chelsea Hospital; and Article 1245 (6) of Our
sivid Warrant of 1914 shall apply to the dependent of a
soldier and to the child of such a dependent in the same way as
to a widow and her child.
Dependents
(2) The provisions of Our Warrant for the Pay, etc., of the
Army, 1914, and of any of Our subsequent Warrants dealing with
the disability pensions and with the pensions to the families and
dependents of other soldiers than those dealt with in this our Warrant shall remain in force pending the issue by us of any new Warrant
in the matter, and nothing in this Our Warrant shall be held to
affect the existing Warrants or Eegulations in regard to service
pensions or other grants, the administration of which continues to
be vested in Our Army Council or in Our Commissioners of Chelsea
Hospital.
Provision for soldiers and their families not dealt loith in this Warrant
(3) Any instructions in force under the 1918 Warrant shall have
the same effect as if ,made under this Warrant.

Given at Our Court at St. James's this 6th day of December 1919,
in the 10th Year of Our Eeign,
By His Majesty's

Command,

L . WORTHINGTON EVANS.

FIRST

SCHEDULE

1

2
3

4

5

6

7

S
9

Percent.
Loss of two or more limbs.
Loss of an a r m a n d an eye.
Loss of a leg and an eye.
Loss of b o t h hands or of all fingers and
thumbs.
Loss of both feet.
Loss of a hand and a foot.
Total loss of sight.
,
Total paralysis.
Lunacy.
1
W odisabled
u n d s , injuries,
or disease
resultingbedin N 1 100
m a n being
permanently
ridden.
Wounds of or injuries to internal, thoracic, |
or abdominal organs, involving total
p e r m a n e n t disabling effects.
Wounds ot or injuries to head or brain
involving total permanent
disabling
effects, or Jacksonian epilepsy.
Very severe facial disfigurement.
*
Advanced cases of incurable disease.
A m p u t a t i o n of right a r m through shoulder.
90
A m p u t a t i o n of leg a t hip or below hip with \
s t u m p n o t exceeding 5 inches in length
measured from tip of great trochanter;
of right a r m below shoulder with s t u m p |
n o t exceeding 6 inches measured from '
80
tip of acromion; or of left a r m through i
shoulder.
'
Severe facial disfigurement.
Total loss of speech.
Lisfranc operation, both feet.
A m p u t a t i o n of leg below hip with s t u m p
exceeding 5 inches in length, measured
from t i p of great trochanter, b u t ' n o t
below middle t h i g h ; of left a r m below
shoulder with s t u m p n o t exceeding I
6 inches measured (rom tip of acromion; f
or of right a r m below shoulder with >
70
s t u m p exceeding 6 inches measured 1
from t i p of acromion, through elbow, '
or below elbow with s t u m p n o t exceeding 5 inches measured from t i p of olecranon.
,
Total deafness.
/
A m p u t a t i o n of leg below middle thigh, \
t h r o u g h knee , or below knee with
s t u m p n o t exceeding 4 inches ; or left
arm below shoulder with stump exceed- j
ing 6 inches measured from t i p of aero- '
mion, through elbow, or below elbow /
60
with s t u m p n o t exceeding 5 inches I
measured from tip of olecranon; or of "
right a r m below elbow with s t u m p
exceeding 5 inches measured from tip >
of olecranon.
\
A m p u t a t i o n of leg below knee with s t u m p J
exceeding 4 inches; or of left a r m below \
elbow with stump exceeding 5 inches (
50
measured from tip of olecranon.
1
Loss of vision of one eye.
Loss of t h u m b or of four fingers of right 1
hand.
f
40
Lisfranc operation, one foot.
]
Loss of all toes of b o t h feet above knuckle. >
Loss of t h u m b or of four fingers of left Î
30
hand, or of three fingers of right hand. '
Loss of two fingers of either hand.
Í
Loss of all toes of one foot above knuckle. \
20
Loss of all toes of both feet a t or below \
knuckle.
'

c5

rivate, et
;ciass V)

fcT

.C. Office
Class IV

£§°

f-i

.C. Office
Class III

Injury

if
Si''

.C. Oifice
Class II

Specific

,_;

rrant Offit
lass II, o
.C. Oilice
Class I

Degree
Disablem

O «

(Article 1)

Disablement Pensions according to R a n k ( ' )
Warrant
Off icer, Clas-

.p

oportion c orrending to D egree
f Disablem ent

Pensions that may be granted for Specific Injuries

•uz

Z

2

Z

CU

s.

d.

s.

d.

s.

d.

i.

d.

s.

d.

s.

d.

00

0

53

4

50

0

46

g

43

4

40

0

54

0

48

0

45

0

42

0

39

0

36

0

48

0

42

8

40

0

37

4

34

8

32

0

42

0

37

4

35

0

32

8

30

4

28

0

36

0

32

0

30

0

28

0

26

0

24

0

30

0

26

S

25

0

23

4

21

8

20

0

24

0

21

4

20

0

18

8

17

4

16

0

18

0

16

0

15

0

14

0

13

0

12

0

12

0

10

8

10

0

9

4

8

8

8

0

1

**

(1) If entitled to a service pension the provisions of Article 1 [4] apply.
Note.—In the case of left-handed men, certified to be such, the compensation in respect of the left arm,
band, etc. will be the same as for a right arm, hand, etc., and vice versa.

— 41 —

APPENDIX

•

GREAT

II

BRITAIN

War Pensions Act 1921
(11 & 12 Geo. V. c. 49)
An Act to amend the War Pensions Acts, 1915 to 1920, and to provide
for certain other matters connected with the administration of pensions,
grants, and allowances. (19 August 1921.)
Establishment of War Pensions Committees
I.—(1) Subject to the provisions of this section, the Minister
of Pensions (in this Act referred to as " the Minister ") may by order
make schemes for establishing committees to act as committees
for the purposes of the War Pensions Acts, 1915 to 1920, as amended
by this Act, for such areas as are respectively specified in the schemes,
and, as from the date on which a committee is established for any
area by a scheme under this section, all committees constituted
under the War Pensions Acts, 1915 to 1920, for that area or any
part of that area, shall, subject as hereinafter provided, cease to
exist, and all the provisions of those Acts, including any regulations,
schemes, or orders made thereunder, relating to the constitution
and the functions of, or otherwise making provision in relation to,
committees under those Acts shall cease to have effect as respects
that area :
Provided that—
(a) where any such scheme affects part only of the area for
which any committee constituted under the War Pensions
Acts, 1915 to 1920, is exercising its functions, that
committee shall continue to exist, but shall cease to
have any functions as respects so much of its area as is
included in the area to which the scheme relates; and
(6) notwithstanding the making of a scheme for any area, the
regulations made under paragraph (/) of subsection
(1) of section five of the War Pensions (Administrative
Provisions) Act, 1918, as amended by section four of the
War Pensions (Administrative Provisions) Act, 1919
(8 & 9 Geo. V. c. 57; 9 & 10 Geo. V. c. 53; in this
Act referred to as " the Act of 1919 "), providing
for the disallowance of any items of expenditure in the
accounts of committees or the surcharging of any items
disallowed or any loss or deficiency, and the recovery
of any amount surcharged, shall, so far as relates to matters occurring before the date on which the scheme
takes effect, continue in force as respects the accounts
of committees constituted as aforesaid for that area.

— 42 — .
(2) Before making any order under this section, the Minister
shall take such steps as he may think desirable to consult persons
and bodies affected thereby, including local committees.
(3) A committee established by a scheme under this section
shall consist of such number of members, not exceeding twenty-five,
as may be specified in the scheme, and every such scheme shall
provide for the inclusion, so far as practicable, in the committee of
representatives of—
(a) disabled men who have been discharged from the naval,
military, or air service of His Majesty during the present
war; and
(b) women who are in receipt of pensions as the widows or
dependents of men in the said naval, military, or air
service who have died from causes arising out of service
during the present war; and
(c) such of the local authorities whose districts are situate
wholly or partly within the area for which the committee
is established as are specified in the scheme; and
(d) employers and workmen in industry in equal numbers; and
(e) voluntary associations engaged in the care of ex-service men
and their families in the area;
Provided that—
(i) the persons appointed as representatives of the persons
mentioned in paragraphs (a) and (b) of this subsection
shall together constitute not less than one fourth of the
total membership of the committee, and the persons
appointed as representatives of the persons mentioned
in paragraphs (c), (d), and-(e) respectively shall in each
case constitute not less than one-fifth of the total
membership of the committee, and where one fourth
or one fifth of the total membership is not an integral
number, the nearest integral number to one fourth or one
fifth of the total membership, as the case may be, shall
be substituted therefor; and
(ii) where the number of the members to be appointed as
representatives of the persons mentioned in paragraph (d)
as ascertained in the manner aforesaid is not an even
number, the number so ascertained shall be increased
by one; and
(iii) not less than four members of the committee shall be
• women.
(4) Every scheme made for the establishment of a committee
under this section shall provide for the appointment of the members
of the committee by the Minister, and for the periods for which
t h e members shall hold office, and the conditions under which they
can be removed from office, and on the first constitution of such
a committee the Minister shall have regard to the desirability,
subject to the provisions of this section, of selecting, so far as possible, for appointment to the committee, persons who are members
of the existing committees in the area to which the scheme applies.

— 43 —
(5) Every order made under this section with respect to any
area ' shall provide for the transfer to the committee established
thereunder or to the Minister, according as the Minister thinks
desirable, of any business pending before the existing committees
in so far as the business relates to that area, and may contain such
consequential and supplemental provisions as the Minister may
consider necessary.
(6) In the appointment of officers required for the administration
of any business transferred to the Minister in pursuance of an order '
made under this section, the employment of suitable members of the
staff of any existing committee in the area shall, so far as practicable,
be considered.
(7) Any order made under this section shall have effect as if
enacted in this Act, and may be revoked, varied, or amended by a
subsequent order so made.
Functions of War Pensions Committees
2.—(1) The functions of a committee established under this
Act shall be—
(a) to consider and make recommendations to the Minister
as to the administration of war pensions in the area of the
committee; and
(ft) to receive reports from officers in the area of the committee
as to the state and progress of applications from persons
residing in the area of the committee; and
(c) to hear and consider complaints made to the committee
by persons in receipt of or claiming- pensions, and to
make representations thereon to the Minister; and
(d) to enquire into any matter referred to them by the Minister
or the Special Grants Committee and to report thereon,
with such recommendations as they think fit, to the
Minister or that committee, as the case may be; and
(e) to make arrangements for the distribution of any supplementary grants which they may be required to distribute
by the Special Grants Committee; and
(/) to consider applications for grants from such departments,
bodies, or organisations as the Minister may specify, and
make recommendations with respect thereto; and
(g) to perform any duties required by the Minister or the Special
Grants Committee to be performed by them in relation
to children for whose care it is the duty of the Minister
to make provision; and
(Ä) to take steps to secure the assistance and co-operation of
voluntary workers in connection with the work of the
committee, and particularly in rural districts; and
(i) to perform such other duties in relation to pensions, and to
any other matters, as the Minister may by regulation
prescribe.
(2) The functions of committees under this section shall be
exercised subject to and in accordance with regulations to be made
by .the Minister.

— 44 —

Constitution of Central Advisory Committee
3.—As soon as possible after the passing of this Act the Minister
shall constitute a Central Advisory Committee consisting of officers
of the Ministry (local and central), ex-service men, and representatives
of any committees constituted under the War Pensions Acts, 1915
to 1920, or under this Act, and for the time being in existence, t o
consider such matters as may be put before them by the Minister
for their advice.
Final

awards

4.—(1) Notwithstanding anything in any Warrant, Order in Council,
or Order administered by the Minister, the Minister may, subject
to the approval of the Treasury, make regulations providing for
the making of final awards in the case of any officers or men to
whom pensions in respect of disablement due to causes arising out of
service during the present war have been granted or who claim
such pensions, and prescribing the principles on which any such
awards are to be made and the classes of pension to which this
section is to apply.
(2) The case of every such officer and man as aforesaid shall,
with a view to making a final award, be taken into consideration
not later than four years after his discharge from the service or
after the first award of a pension to him, as may be prescribed by
regulations made under this section.
(3) If any person in whose case a final award has been made
under this section is dissatisfied with the award, he may, at any time
within one year from the date on which notice of the making of the
award is given to him, appeal to a pensions appeal tribunal
established under section eight of the Act of 1919, and the tribunal
shall, if they are of opinion that, having regard to all the circumstances of the case, the final award ought not to have been made or
that the proper amount of pension or proper rate of disablement
was not fixed by the award, as the case may be, either set aside the
award or increase or decrease the amount or rate so fixed as they
think proper, and shall in any other case disallow the appeal :
Provided that—
(a) a pensions appeal tribunal in exercising their powers -in
relation to appeals under this section shall have regard
to the provisions of any regulations made under this
section ; and
(b) for the purpose of hearing appeals under this section the
constitution of the Tribunal shall be modified by the
substitution for the legal representative of a second
medical practitioner having such qualifications as may
be prescribed by regulations made under the Schedule to
the Act of 1919, and that schedule shall have effect
accordingly, and regulations may be made under t h a t
schedule with respect to appeals under this section.

— 45 —
The Minister shall, in such manner as may be prescribed by
regulations made by him under this section, bring the provisionsof this subsection to the notice of persons having a right of appeal
thereunder.
(4) Where a grant of a permanent pension or of a gratuity
or a final weekly allowance or an award (other than the grant of a
conditional pension) has been made before the commencement of
this Act, the grant or award shall for the purposes of this section
be treated as a final award made thereunder, and this section shall
apply accordingly with the substitution of one year from such date
(not being earlier than the commencement of this Act) as may be
fixed for the purposes of this subsection by regulations made under
this section for one year from the date of notice of the award.

Limit of time for making claims to pensions in respect of disablement.
8 & 9 Geo. V. c. 59
5.—The power of the Minister under any Warrant, Order in
Council, or Order to grant-a pension to any person in respect of
disablement shall not be exercised unless the claim in respect of the
disablement is made within seven years after the date on which
the claimant was discharged or the date fixed under the Termination
of the Present War (Definition) Act, 1918, as the date of the
termination of the present war, whichever date is the earlier.

Amendment of section 8 of 9 & 10 Geo. V. c. 53 ; 11 Geo. V. c. 23
6.—(1) No appeal shall lie under section eight of the Act of
1919 as originally enacted, or as amended by section eight of the
War Pensions Act, 1920 (in this Act referred to as " the Act of 1920 ")T
to a pensions appeal tribunal against the rejection of a claim
unless notice of intention to appeal is given in such manner as
may be prescribed by regulations made under the Schedule to the
Act of 1919, and within twelve months after the date of the
notification to the claimant of the rejection of the claim or after
the date of the commencement of this Act, whichever is the later.
(2) A pensions appeal tribunal in considering such un appeal
as aforesaid shall have regard to the terms of the Warrant, Order in
Council, or Order in pursuance of which the claim purports to be
made, and shall not allow the appeal unless they are satisfied t h a t
the claim is in all respects well founded having regard to the said
terms.
Power to commute pensions
7.—(1) The Minister, on the application of any person in
receipt of a pension, may, in his discretion and on the prescribed
terms and subject to the prescribed conditions, commute any p a r t
of the pension by the payment of a capital sum.

— 46 —
(2) If any person making an application under this section for
the commutation of his pension' wilfully makes a false statement in
any declaration which he is required to make for the purposes of or
in connection with the application, he shall be liable on summary
conviction to imprisonment for a term not exceeding one month,
' or to a fine not exceeding ten pounds, or to both such imprisonment
and fine..
(3) In this section the expression " prescribed " means prescribed
by regulations made by the Minister with the approval of the
Treasury.
Extension

of section 9 of 8 & 9 Geo. V. c. 57; 52 & 53 Vict. c. 56;
62 & 63 Vict. c. 37

8.—Where by virtue of a resolution passed under section one of
the Poor Law Act, 1889, as amended by section one of the Poor Law
Act, 1899, the control of any child, being a child to whom section
nine of the War Pensions (Administrative Provisions) Act, 1918,
would apply if it were suffering from neglect or want of proper
care, is vested in the guardians of a poor law union, the guardians
may on the application of the Minister permit the child to be under
the control of the Minister as if the Minister were a person named
in that behalf in the proviso to subsection (1) of section one of the
said Poor Law Act, 1889, and, where any guardians so permit, it
shall be the duty of the Minister to make provision for the care of
the child as if it were a child to whom the said section nine applied,
and that section as amended by section nine of the Act of 1920 shall
apply accordingly with the necessary modifications.
Regulations to be laid before Parliament
9.—Every order and every, regulation made under this Act
shall be laid before each House of Parliament forthwith, and, unless
and until an address is presented to His Majesty by either House of
Parliament within the next subsequent twenty-one days on which
that House has sat next after any such order or regulation is laid
before it, praying that the order or regulation may be annulled, the
Order or regulation shall have effect as if enacted in this Act.
Construction and short title
10.—(1) This Act may be cited as the War Pensions Act, 1921,
and shall be construed as one with the War Pensions Acts, 1915 to
1920, and those Acts and this Act may be cited together as the War
Peflsions Acts, 1915 to 1921.
(2) In this Act, unless the context -otherwise provides, the
expression " pension " means any pension, grant, gratuity, or
allowance in respect of disablement under any Warrant, Order in
Council, or Order administered by the Minister, and for the purposes
of this Act a person shall be deemed to have been discharged from
the service at the time when his active service terminated.

— 47 —

APPENDIX

GREAT

III

BRITAIN

War.Pensions (Administrative Provisions) Act, 1919
[Extracts]
Claims and Pensions Appeal Tribunals (')
Section 8. — (1) Where the clami of an officer or man under any
Royal Warrant or Order in Council administered by the Minister
of Pensions is rejected on the ground that the disability on which
the claim is based—
(a) is not attributable to or aggravated by service during the
!
present war, or
(b) is due to the serious negligence or misconduct of the claimant;
Or where such disability, although admitted to be aggravated
' by, is certified not to be attributable to such service ; or where the
claim of the widow or the motherless child of an officer or man under
any Eoyal Warrant or Order in Council is rejected on the ground—
(i) That the death of the officer or man was not due to, or that
, the disease from which he died was not attributable to
or aggravated by, such service, nor, in the case of a man,
contracted or commenced while he was on active service,
or
(ii) That the death of the officer or man was due to his serious
negligence or misconduct;
An appeal shall lie to a pensions appeal tribunal established
under this section, whose decision shall be final, provided that no
appeal shall lie in the case of any claim already heard and rejected
by a ministry appeal tribunal.
(2) Pensions appeal tribunals shall be established for such
parts of the United Kingdom as may be determined, in accordance
with the provisions of the Schedule to this Act. The provisions of
that Schedule shall have effect in relation to the constitution,
jurisdiction and procedure of pensions appeal tribunals.
(3) " Ministry appeal tribunal " shall mean, as the case may
be, an officers'' appeal board or a pensions appeal tribunal set
. up by the Minister of Pensions before the first day of November,
nineteen hundred and nineteen.
(1) The competence of the pensions appeal tribunals has been extended
by Section 4 of the Act of 19 August 1921 to claims relative to the amount
of the pension. See Appendix II.

— 48 —
(4) This section shall come into operation on the first day of
November, nineteen hundred and nineteen.
SCHEDULE

Constittition, Jurisdiction, and Procedure of Pensions
Appeal Tribunals
1. Pensions appeal tribunals shall be constituted for such partsof or places in the United Kingdom as the Lord Chancellor, after
consultation with the Minister of Pensions, may determine.
2. The members of each tribunal shall be appointed by the Lord
Chancellor, and shall consist of —
(i) One legal representative, being a barrister or solicitor, in
either case of not less than seven years' standing; and
(ii) A disabled officer who has retired or been demobilised from
His Majesty's Forces during the present war while suffering
impairment; or a disabled man who has similarly been
discharged or demobilised; and
(iii) A duly qualified medical practitioner.
3. In the case of a casual vacancy on a pensions appeal tribunal
the Lord Chancellor may appoint a similarly qualified person to
fill the vacancy.
4. The legal representative shall be the chairman of each tribunal.
5. The number of members of a tribunal to hear any particular
case shall be three. Where the claim is that of an officer the second
member shall be an officer, and where the claim to be heard is that
of a man, the second member shall be a man.
6. There shall be paid to the members of pensions appeal tribunals
such remuneration as the Treasury may determine, and any such
remuneration and any expenses which may be incurred by a tribunal
up to such amount as is sanctioned by the Treasury shall be paid
out of moneys provided by Parliament.
7. No court fees shall be charged on the hearing of any case
before a pensions appeal tribunal.
8. Subject as aforesaid, the Lord Chancellor may make
regulations with respect to the procedure of pensions appeal
tribunals, and may by such regulations provide for the transfer to
such tribunals of claims pending before a Ministry Appeal Tribunal
at the first day of November, nineteen hundred and nineteen, the
summoning of expert and other witnesses, the representation of
the claimants and the Ministry at the hearing of any appeal, the
arrangements for the sittings of the tribunals (including the sitting
of' more than one tribunal in the same area), the particular cases
which any tribunal shall hear, and such other matters as may be
required for the due and speedy determination of appeals.
9. " Lord Chancellor " shall mean, in the application of this
schedule to Scotland, the Lord President of the Court of Session,
and, in its application to Ireland, the Lord Chancellor of Ireland.

APPENDIX IV
GREAT BRITAIN

Army and Navy. — Statistics relating to the distribution of pensions
granted on 31 March 1921 for each category
of the rating table
(Table communicated to the International Labour Office by
the Ministry of Labour in April 1921)

LT
Degree
disablem

o§

1.

2.
3.

4.

5.

6.

7.
8.
9.

Percent.
of
disablement

Specific Injury (')

Loss of two or more ümbs.
\
Loss of an a r m and an eye.
Loss of a leg and an eye. .
Loss of both hands or of all fingers and t h u m b s .
Loss of both feet.
Loss of a hand and a foot.
,
Total loss of sight.
Total
paralysis."
[\
Lunacy.
Wounds, injuries, or disease resulting in disabled man being (
permanently bedridden.
Wounds of or injuries to internal, thoracic, or abdominal '
organs, involving total permanent disabling effects.
Wounds of or injuries to head or brain involving total perm a n e n t disabling effects, or Jacksonian epilepsy.
Very severe facial disfigurement.
Advanced cases of incurable disease.
/
Amputation of right arm through shoulder.
|
Amputation of leg at hip or below hip with s t u m p n o t exceed- \
ing 5 inches in length measured from tip of great trochant e r ; of right a r m below shoulder with s t u m p not exceding |
6 inches measured from tip of acromion; or of left a r m
through shoulder.
|
Severe facial disfigurement.
Total loss of speech.
Lisfranc operation, both feet.
Amputation of leg below hip with s t u m p exceeding 5 inches .
in length, measured from tip of great trochanter, b u t not
below middle t h i g h ; of left arm below shoulder with ¡
s t u m p n o t exceeding 6 inches measured from tip of aero- f
mion ; or of right arm below shoulder with s t u m p exceeding i
6 inches, measured from tip of acromion, through elbow, '
or below elbow with s t u m p not exceeding 5 inches
measured from tip of olecranon.
/
Amputation of leg below middle thigh, through knee, or \
below knee with s t u m p n o t exceeding 4 inches ; of left a r m
below shoulder with s t u m p exceeding 6 inches measured i
from tip of acromion, through elbow, or below with s t u m p :
n o t exceeding 5 inches measured from tip of olecranon; \
or of right a r m below elbow with stump exceeding 5
inches measured from tip of olecranon.
/
Amputation of leg below knee with stump exceeding 4 inches: \
or of left arm below elbow with s t u m p exceeding 5 inches /
measured from t i p of olecranon. '
I oss of vision of one eye.
J
Loss of t h u m b or of four fingers of right hand.
)
I isfranc operation, one foot.
£
Loss of all toes of both feet above knuckle.
;
Loss of t h u m b or of four fingers of left hand, or of three )
fingers of right hand.
\
Loss of two fingers of cither hand.
)
Loss of all toes of one foot above knuckle.
,
* oss of all toes of both feet a t or below knuckle.
>

Total

Approx. numbers of
men in e ich group
a t 31 March 1921
Other
Banks

Officers

100

3,400

33,000

90

50

3,000

80

1,000

20,000

70

1,100

29,000

60

1 ,900

49 ,000

50

3,800

98 ,000

40

4,450

126 ,000

30

8,950

238 ,000

20

12 ,S00

554 ,000

37 ,450 1 ,150 ,000

(1) Column 2 shows the final classification for_ permanent injuries; but the numbers
in columns 4 and 5 also include men temporarily classed by Medical Boards in the respective
groups on account of other injuries or illness not of a permanent character.

— 50 —

APPENDIX V
GREAT BRITAIN

Navy and Army. — Return of Officers and Men pensioned for Disability from the Beginning of the War to 31 March 1920, so far
as classified according to Nature of Disability
(From the Third Annua! Report of the Minister
Appendix IX, pace 52)

W a r r a n t officers,
p e t t y officers, noncommissioned
officers and men

Officers
Disability

Eyesight cases
W o u n d s and injuries to
legs (necessitating amputation!
W o u n d s and injuries to
arms (necessitating amputation'
W o u n d s and injuries to
legs (not necessitating amputation)
W o u n d s and injuries to
arms (not necessitating
amputation)
Wounds and injuries to
h a n d (not necessitating
amputation ofwhole hand)
W o u n d s and injuries to head
Hernia
Miscellaneous wounds and
injuries
Chest complaints, including
bronchitis
Tuberculosis
Rheumatism
H e a r t diseases
Epilepsy
Nervous diseases :—
Shell shock
Neurasthenia
Miscellaneous
Insanity
Deafness
F r o s t b i t e (including cases
of a m p u t a t i o n of feet or
legs)
Miscellaneous diseases :—
Nephritis and Bright's
Disease
Debility
i
Ulcer of stomach
/
Varicocele
'
Enteric and malaria
i
Spinal
\
Appendicitis
1
Gas poisoning
1
Other diseases
/
Totals :

of

Tensions,

' Total

Percent.
of
gross
total

Navy

Army

Navy

Army

226

894

1,719

25 ,398

28 ,237

2.4

12

660

314

21 ,735

22 ,721

1.9

15

340

153

9,883

10 ,391

0.9

160

5,610

1 ,128

152 ,219

159,117

13.5

53

2.83S

721

87 ,626

91 ,238

7.8

70
42
86

911
2,092
550

685
775
233

50 ,419
38 ,647
17 ,897

52 ,085
41 ,556
18 ,766

4.4
3.5
1.6

127

4,811

1,511

84 ,829

91 ,278

7.7

155
165
146
259
£

1 ,769 ¡ 4,602
868 (
1,807
1 ,753
2,765
2,590
101
431

90 ,530
72 ,769
100 ,724
7,122

98 ,089
76 ,475
106 ,338
7,662

' 8.3
6.5
9.0
0.6

25
606
130
39
130

630 ;
4,904
2,475
1 ,012 1
179
999
1 ,224
1,015

53 ,514

63 ,296

5.4

6,026
26 ,084

7,243
28 ,453

0.6
2.4

6,335

6,355

0.5

256 ,0S5

272 ,700

23.0

1

19

624

11 ,171

3,079

45,155

—

4,820

25 ,924 1 ,107 ,842 (•) 1 ,182 ,000 100.0

[(1) Number oí permanent pensions :
30,741
Number of temporary pensions : 1,077,101

APPENDIX VI

GREAT BRITAIN

Navy and Army. — Summary of Awards of Alternative Pensions
to Disabled Men up to 31 March 1920
(From the Third Annual Report of the Minister of Pensions,
Appendix X, page 53)

Degree of
disability

1
i
\
Number of disablement pensions converted into <
alternative pensions.
J
f

Navy
and Army

%
100
90
70
60
50
40

1 • 30
\

Í.491
221
198
212
394
213
338
.189

20
Total

Annuel value of disablement pensions converted £255,666
Annual value of alternative pensions granted £365,386

3,256

— 52 —

A P P E N D I X VII

U N I T E D STATES

The War Risk Insurance Act of 6 October 1917
(With Amendments up to 24 December 1919)
[Extracts]
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled :
ARTICLE

I

Section 1 (1). — That there is established in the Treasury
Department a Bureau to be known as the Bureau of W a r Eisk
Insurance.
That the office of the Commissioner of Military and Naval
Insurance and the office of the Commissioner of Marine and
Seamen's Insurance created by the W a r Eisk Insurance Act are
hereby abolished and the powers and duties pertaining to such
offices are hereby transferred to the Director of the Bureau of War
Eisk Insurance, who shall hereafter receive a salary at the rate of
$7,500 per annum. Until such time as the Secretary of the Treasury
may direct otherwise, and subject to the provisions of section 9 of
the War Eisk Insurance Act, there shall be in the Bureau of War
Eisk Insurance a Division of Marine and Seamen's Insurance and
•a Division of Military and Naval Insvirance. All laws inconsistent
with this section are hereby so modified as to conform to the
provisions hereof.
*
*
*
Section 13 (2). — T h a t the director, subject to the general
•direction of the Secretary of the Treasury, shall administer,
execute, and enforce the provisions of this Act, and for that purpose
shall have full power and authority to make rules and regulations
not inconsistent with the provisions of this Act, necessary or
appropriate to carry out its purposes, and shall decide all questions
arising under the Act, except as otherwise provided in section five.
Wherever under any provision or provisions of the Act regulations
are directed or authorised to be made, such regulations, unless the
context otherwise requires, shall or may be made by the director,
subject to the general direction of the Secretary of the Treasury.
(1) Editorial Note. This section has been amended by the Act of
9 August 192] establishing a Veterans' Bureau to which all the services
relating to disabled men and veterans have been transferred. See section
1 of the Act of 9 August 1921 in Appendix VIII.
(2) Editorial Noie. Section 13 has been amended by the Act of 9 August 1921, section 2. See Appendix VIII.

— 53 —
The director shall adopt reasonable and proper rules to govern the
procedure of the divisions and to regulate and provide for the nature
and extent of the proofs and evidence and' the method of taking
and furnishing the same in order to establish the right to benefits
of allowance, allotment, compensation, or insurance provided for in
this Act, the forms of application of those claiming to be entitled
to such benefits, the methods of making investigations and medical
examinations, and the manner and form of adjudications and
awards : Provided, hoivever, That payment to any attorney or agent
for such assistance as may be required in the preparation and
execution of the necessary papers shall not exceed $3 in any one
case : And provided further, That no claim agent or attorney shall
be recognised in the presentation or adjudication of claims under
articles two, three, and four, except that in the event of disagreement
as to a claim under the contract of insurance between the bureau
and any beneficiary or beneficiaries thereunder an action on the
claim may be brought against the United States in the district
court of the United States in and for the district in which such
beneficiaries or any one of them resides, and that whenever
judgment shall be rendered in an action brought pursuant to this
provision the court, as part of its judgment, shall determine and
allow such reasonable attorney's fees, not to exceed five per centum
of the amount recovered, to be paid by the claimant in behalf of
whom such proceedings were instituted to his attorney, said fee to be
paid out of the payments to be made to the beneficiary under the
judgment rendered at a rate not exceeding one-tenth of each of such
payments until paid.
Any person who shall, directly or indirectly, solicit, contract
for, charge, or receive, or who shall attempt to solicit, contract for,
charge, or receive any fee or compensation, except as herein provided,,
shall be guilty of a misdemeanour, and for each and every offence
shall be punishable by a fine of not more than $500 or by imprisonment at hard labour for not more than two years, or by both such
fine and imprisonment.
Section 14 (3). — That the bureau and its divisions shall have
such deputies, assistants, actuaries, clerks, and other employees as.
may be from time to time provided by Congress. The bureau
shall, by arrangement with the Secretary of W a r and the Secretary
of the Navy, respectively, make use of the services of surgeons in
the Army and Navy. The Secretary of the Treasury is authorised
to establish an advisory board consisting of three members skilled
in the practice of insurance against death or disability for the
purpose of assisting the Division of Military and Naval Insurance
in fixing premium rates and in the adjustment of claims for losses
under the contracts of insurance provided for in article four and in
adjusting claims for compensation under, article three; compensation
for the persons so appointed to be determined by the Secretary
of the Treasury, but not to exceed $20 a day each while actually
employed.
Section 15. — That for the purposes of this Act, the director,
commissioners, and deputy commissioners shall have power to issue
subpoenas for and compel the attendance of witnesses within a
(3) Editorial Note. This section has been amended by section 4 of the
Act of 9 August 1921. See Appendix VIII.

— 54 —
radius of one hundred miles, to require the production of books,
papers, documents, and other evidence, to administer oaths and to
examine witnesses upon any matter within the jurisdiction of the
bureau. The director may obtain such information and such
reports from officials and employees of the departments of the
Government of the United States and of the States as may be agreed
upon by the heads of the respective departments. In case of
disobedience to a subpoena, the bureau may invoke the aid of any
district court of the United States in requiring the attendance and
testimony of witnesses and the production of documentary evidence,
and such court, within the jurisdiction of which the inquiry is
carried on, may, in case of contumacy or refusal to obey a subpoena
issued to any officer, agent, or employee of any corporation or other
person, issue an order requiring such corporation or other person
to appear before the bureau, or to give evidence touching the matter
in question ; and any failure to obey such order of the court may be
punished by such court as a contempt thereof. Any person so
required to attend as a witness shall be allowed and paid the same
fees and mileage as are paid witnesses in the district courts of the
United States.
Section 16 (4). — That the director shall submit annually
to the Secretary of the Treasury estimates of the appropriations
necessary for the work of the bureau.
Section 17. — That for the purpose of carrying out the provisions
of this Act there is hereby appropriated, out of any moneys in the
Treasury not otherwise appropriated, the sum of $100,000, for the
payment of all expenses incident to the work authorised under this
Act, including salaries of the director and commissioners and of such
deputies, assistants, accountants, experts, clerks, and other
employees in the District of Columbia or elsewhere, as the Secretary
of the Treasury may deem necessary, travelling expenses, rent and
equipment of offices, typewriters and exchange of same, purchase
of law books and books of reference, printing and binding to be done
at the Government Printing Office, and all other necessary expenses.
With the exception of the director, the commissioners, and such
special experts as the Secretary of the Treasury may from time to
time find necessary for the conduct of the work of the bureau, all
employees of the bureau shall be appointed from lists of eligibles
to be supplied by the Civil Service Commission and in accordance
with the civil service law. Such fees, allowances, and salaries shall
be the same as are paid for similar services in other departments
of the Government.
Section 18. — That there is hereby appropriated from any
money in the Treasury not otherwise appropriated, the sum of
$141,000,000, to be known as the military and naval family allowance
appropriation, for the payment of the family allowances provided
by Article II. Payments out of this appropriation shall be made
upon and in accordance with awards by the Commissioner of the
Division of Military and Naval Insurance.
Section 19. — That there is hereby appropriated, from any
money in the Treasury not otherwise appropriated, the sum of
(4) Editorial Note. All sums appropriated for guaranteeing the provisions of the War Kisk Insurance Act and amendments thereto have beentransferred to the Veterans' Bureau (Act of 9 August 1921, section 8)
See Appendi x III.

— 55 —
$12,150,000, to be known as the military and naval compensation
appropriation, for the payment of the compensation, funeral
expenses, services, and supplies provided by Article I I I . Payments
out of this appropriation shall be made upon and in accordance
with awards by the director.
Section 20. — That there is hereby appropriated, from any
money in the Treasury not otherwise appropriated, the sum of
$23,000,000, to be known as the military and naval insurance
appropriation. All premiums t h a t may be collected for the insurance
provided by the provisions of Article IV shall be deposited and
covered into the Treasury to the credit of this appropriation.
Such sum, including all premium payments, is hereby made
available for the payment of the liabilities of the United States
incurred under contracts of insurance made under the provisions
of Article IV. Payments from this appropriation shall be made
upon and in accordance with awards by the director.
Section 21. — That there shall be set aside as a separate fund in
the Treasury, to be known as the military and naval pay deposit
fund, all sums held out of pay as provided by section two hundred
and three of this Act. Such fund, including all additions, is hereby
made available for the payment of the sums so held and deposited,
with interest, as provided in section two hundred and three, and
the amount necessary to pay interest is hereby appropriated.
Section 22. — That for the purpose of this amendatory Act the
marriage of the claimant to the person on account of whom the
claim is made shall be shown :
(1) By a duly verified copy of a public or church record; or
(2) By the affidavit of the clergyman or magistrate who
officiated ; or
(3) By the testimony of two or more eyewitnesses to the ceremony ;
or
(4) By a duly verified copy of the church record of baptism
of the children; or
(5) By the testimony of two or more witnesses who know that
the parties lived together as husband and wife, and were recognised
as such, and who shall state how long, within their knowledge, such
relation continued : Provided, That marriages, except such as are
mentioned in section forty-seven hundred and five of the Eevised
Statutes, shall be proven in compensation or insurance cases to be
legal marriages according to the law of the place where the parties
resided at the time of marriage or at the time when the right to
compensation or insurance accrued ; and the open and notorious illicit
cohabitation of a widow who is a claimant shall operate to terminate
her right to compensation or insurance from the commencement
of such cohabitation : Provided further, That for the purpose of the
administration of Article I I of this Act marriage shall be conclusively
presumed, in the absence of proof that there is a legal spouse living,
if the man and woman have lived together in the openly
acknowledged relation of husband and wife during the two years
immediately preceding the date of the declaration of war, or the
date of enlistment or of entrance into or employment in active
service in the military or naval forces of the United States if
subsequent to such declaration.

— 56 —
In Articles II, III, and IV of this Act unless the context otherwise requires—
(1) The term " child " includes—
(a)
(b)
(c)
(d)

A legitimate child ;
A child legally adopted ;
A stepchild, if a member of the man's household ;
An illegitimate child, but, as to the father only, if acknowledged in writing signed by him, or if he has been judicially
ordered or decreed to contribute to such child's support,
or has been judicially decreed to be the putative father
of such child.

(2) The term "grandchild" means a child as above defined of
a child as above defined.
(3) Except as used in section
section four hundred and two the
are limited to unmarried persons
of age, or (&) of any age, if insane,
helpless.

four hundred and one and in
terms " c h i l d " and " gran child "
either (a) under eighteen years
idiotic, or otherwse permanently

(4) The term " p a r e n t " includes a father, mother, grandfather,
grandmother, father through adoption, mother through adoption,
stepfather, and stepmother, either of the person in the Service or
of the spouse.
(4a) The terms " f a t h e r " and " m o t h e r " include stepfathers
and stepmothers, fathers and mothers through adoption, and
persons who have stood in loco parentis to a member of the military
or naval forces at any time prior to his enlistment or induction for
a period of not less than one year : Provided, That this subdivision
shall be deemed to be in effect as of 6 October 1917.
(5) The terms " b r o t h e r " and " s i s t e r " include brothers and
sisters of the half blood as well as those of the whole blood, stepbrothers and stepsisters, and brothers and sisters through adoption.
(5a) The terms " b r o t h e r " and " s i s t e r " include the children of
a person who, for a period of not less than one year, stood in loco
parentis to a member of the military or naval forces of the United
States at any time prior to his enlistment or induction, or another
member of the same household as to whom such person during such
period likewise stood in loco parentis : Provided, That this subdivision shall be deemed to be in effect as of 1917.
(6) The term "commissioned officer" includes a warrant officer,
but includes only an officer in active service in the military or naval
forces of the United States.
(7) The terms, " m a n " and "enlisted m a n " mean a person,
whether male or female, and whether enlisted, enrolled or drafted
into active service in the military or naval forces of the United
States, and include non-commissioned and petty officers, and
members of training camps authorised by law.
(8) The term "enlistment" includes voluntary enlistment, draft,
and enrolment in active service in the military or naval forces of
the United States.

— 57 —
(9) The term "commissioner" means the Commissioner of
Military and Naval Insurance.
(10) The term " injury " includes disease.
(11) The term " p a y " means the pay for service in the United
States according to grade and length of service, excluding all allowances.
(12) The term "military or naval forces" means the Army, the
Navy, the Marine Corps, the Coast Guard, the Naval Beserves,
the National Naval Volunteers, and any other branch of the United
States service while serving pursuant to law with the Army or the
Navy.
Section 23. — That when, by the terms of this amendatory
Act, any payment is to be made to a minor, other than a person
in the military or naval forces of the United States, or to a person
mentally incompetent, such payment shall be made to the person
who is constituted guardian or curator by the laws of the State of
residence of claimant, or is otherwise legally vested with responsibility or care of the claimant.
If any person entitled to receive payments under this Act shall
be an inmate of any asylum or hospital for the insane maintained
by the United States, or by any of the several States or Territories
of the United States, or any political subdivision thereof, and no
guardian or curator of the property of such person shall have been
appointed by competent legal authority, the director, if satisfied
after due investigation that any such person is mentally incompetent,
may order that all moneys payable to him or her under this Act
shall be held in the Treasury of the United States to the credit of
such person. All funds so held shall be disbursed under the order
of the director and subject to his discretion, either to the chief
executive officer of the asylum or hospital in which such person is an
inmate, to be used by such officer for the maintenance and comfort
of such inmate, subject to the duty to account to the Bureau of
W a r Eisk Insurance and to repay any surplus at any time remaining
in his hands in accordance with regulations to be prescribed by the
director; or to the wife (or dependent husband if the inmate is a
woman), minor children, and dependent parents of such inmate,
in such amounts as the director shall find necessary for their support and maintenance, in the order named; or, if at any time such
inmate shall be found to be mentally competent, or shall die, or a
guardian or curator of his or her estate be appointed, any balance
remaining to the credit of such inmate shall be paid to such inmate,
if mentally competent, and otherwise to his or her guardian, curator
or personal representatives.
Section 24. — That the Bureau of W a r Eisk Insurance, so
far as practicable, shall upon request furnish information to and
act for persons in the military or naval service, with respect to
any contracts of insurance whether with the Government or otherwise, as may be prescribed by regulations. Said bureau may upon
request procure from and keep a record of the amount and kind of
insurance held by every commissioned and appointive officer and
of every enlisted man in the military or naval service of the United
States, including the name and principal place of business of the
company, society, or organisation in which such insurance is held,
the date of the policy, amount of premium, name and relationship

— 58 —
of the beneficiary, and such other data as may be deemed of service
in protecting the interests of the insured and beneficiaries.
Section 25. — That whoever in any claim for family allowance,
compensation, or insurance, or in any document required by this
Act or by regulation made under this Act, makes any statement of
a material fact knowing it to be false, shall be guilty of perjury and
shall be punished by a fine of not more than $5,000, or by imprisonment for not more than two years or both.
Section 26. — That if any person entitled to payment of family
allowance or compensation under this Act, whose right to such
payment under this Act ceases upon the happening of any contingency, thereafter fraudulently accepts any such payment, he shall
be punished by a fine of not more than $2,000, or by imprisonment
for not more than one year, or both.
Section 27. — That whoever shall obtain or receive any money,
check, allotment, family allowance, compensation, or insurance
under Articles II, I I I or IV of this Act, without being entitled thereto,
with intent to defraud the United States or any person in the military
or naval forces of the United States, shall be punished by a fine of
not more than $2,000, or by imprisonment for not more than one
year, or both.
Section 28. — That the allotments and family allowances, compensation, and insurance payable under Articles II, I I I , and IV,
respectively, shall not be assignable; shall not be subject to the
claims of creditors of any person to whom an award is made under
Articles II, III, or IV; and shall be exempt from all taxation :
Provided, That such allotments and family allowances, compensation,
and insurance shall be subject to any claims which the United
States may have, under Articles II, III, and IV, against the person
on whose account the allotments and family allowances, compensation, or insurance is payable.
That the provisions of section 28 of the <War Eisk Insurance
Act shall not be construed to prohibit the assignment by any person
to whom converted insurance shall be payable under Article I V
of such Act of his interest in such insurance to any other member
of the permitted class of beneficiaries.
Section 29 (5). — That the discharge or dismissal of any person
from the military or naval forces on the ground that he is an enemy
alien, conscientious objector, or a deserter, or as guilty of mutiny,
treason, spying, or any offense involving moral turpitude, or wilful
and persistent misconduct shall terminate any insurance granted
on the life of such person under the provisions of Article IV, and
shall bar all rights to any compensation under Article I I I or any
insurance under Article IV.
Section 30. — That this Act may be cited as the War Eisk
•Insurance Act.
Section 31 (6). — That if after induction by the local draft
board, but before being accepted and enrolled for active service,
(5)
Act of
(6)
Act of

Editorial Note. This section has been amended bv section 15 oí the
9 August 1921. See Appendix VIII.
Editorial Note. This section has been amended bv section 16 of the
9 August 1921. See Appendix VIII.

— 59 —
the person died or become disabled as a result of disease contracted
or injury suffered in the line of duty and not due to his own wilful
misconduct involving moral turpitude, or as a result of the
aggravation, in the line of duty and not because of his own wilfu!
misconduct involving moral turpitude, of an existing disease or
injury, he or' those entitled thereto shall receive the benefits of
compensation payable under Article I I I : Provided, That any
insurance application made by a person after induction by the
local draft board but before being accepted and enrolled for active
service shall be deemed valid.

ARTICLE

Allotments

II

and Family

Allowances

Section 200. — That the provisions of this article shall apply
to all enlisted men in the military or naval forces of the United
States, except the Philippine Scouts, the insular force of the Navy,
and the Samoan native guard and band of the Navy.
Section 201. — That allotment of pay shall, subject to the
conditions, limitations, and exceptions hereinafter specified, be
compulsory as to wife, a former wife divorced who has not
remarried and to whom alimony has been decreed, and a child,
and voluntary as to any other person; but on the written consent
of the wife or former wife divorced, supported by evidence
satisfactory to the bureau of her ability to support herself and the
children in her custody, the allotment for her and for such children
may be waived ; and on the enlisted man's application or otherwise
for good cause shown, exemption from the allotment may be
granted upon such conditions as may be prescribed by regulations.
The monthly compulsory allotment shall be $15. For a wife
living separate and apart from her husband under court order or
written agreement, or for a former wife divorced, the monthly
compulsory allotment shall not exceed the amount specified in the
court order, decree, or written agreement to be paid to her, and for
an illegitimate child, to whose support the father has been
judicially ordered or decreed to contribute, it shall not exceed the
amount fixed in the order or decree.
If there is a compulsory allotment for a wife or child, then a
former wife divorced who has not remarried and to whom alimony
has been decreed, shall not be entitled to a compulsory allotment,
but shall be entitled to a family allowance as hereinafter provided (7).
Section 202. — That the enlisted man may allot any proportion
or proportions or any fixed amount or amounts of his monthly pay
or of the proportion thereof remaining after the compulsory
allotment, for such purposes and for the benefit of such person or
persons as he may direct, subject, however, to such conditions and
limitations as may be prescribed under regulations to be made by
the Secretary of War and the Secretary of the Navy, respectively.
(7) Editorial Note. This section in the amended form appearing in
the text came into force on 1 July 1918.

— 60 —
Section 203. — That in case one-half of an enlisted man's
monthly pay is not allotted, regulations to be made' by the Secretary
of War and the Secretary of the Navy, respectively, may require,
under circumstances and conditions as may be prescribed in such
regulations, that any proportion of such one-half pay as is not
allotted shall be deposited to his credit, to be held during such
period of his service as may be prescribed. Such deposit shall
hear interest at the same rate as United States bonds bear for the
same period, and, when payable, shall be paid principal and interest
to the enlisted man, if living, otherwise to any beneficiary or
beneficiaries he may have designated, or if there be no such
beneficiary, then to the person or persons who, under the laws of the
State of his residence, would be entitled to his personal property
in case of intestacy.
Section 204. — That a family allowance of not exceeding $50 per
month shall be granted and paid by the United States upon
written application to the bureau by such enlisted man or by or on
behalf of any prospective beneficiary, in accordance with and
subject to the conditions, limitations, and exceptions hereinafter
specified.
The family allowance shall be paid from the time of enlistment
to death in or one month after discharge from the service, but not
for more than four months after the termination of the present war
emergency. No family allowance shall be made for any period
preceding 1 November 1917. The payment shall be subject to such
regulations as may be prescribed relative to cases of desertion and
imprisonment and of missing men.
Class A. In the case of a man to his wife (including a former
wife divorced) and to his child or children—
(a) If there is a wife but no child, $15;
(6) If there is a wife and one child, $25;
(c) If there is a wife and two children, $32.50, with $5 per month
additional for each additional child;
(d) If there is no wife, but one child, $5 ;
(e) If there is no wife, but two children, $12.50;
(/) If there is no wife, but three children, $20;
(g) If there is no wife, but four children, $30, with $5 per month
additional for each additional child;
(h) If there is a former wife divorced who has not remarried and
to whom alimony has been decreed, $15.
Class B. In the case of a man or woman to a grandchild, a
parent, brother, or sister—
(a) If there is one parent, $10;
(b) If there are two-parents, $20;
(c) If there is a grandchild, brother, sister or additional parent,
$5 for each.
In the case of a woman, the family allowances for a husband and
children shall be in the same amounts, respectively, as are payable,
in the case of a man, to a wife and children, provided she makes a
voluntary allotment of $15 as a basis therefor, and provided, further,

— 61 —
that dependency exists as required in section two hundred and
six (').
Section 205. — That family allowances for members of Class A
shall be paid only if and while a compulsory allotment is made to a
member or members of such class. The monthly family allowance
to a former wife divorced shall be payable only out of the difference,
if any, between the monthly family allowance to the other members
of Class A and the sum of $50, and only then if alimony shall have
been decreed to her. For a wife living separate and apart under
court order or written agreement or to a former wife divorced the
monthly allowance, together with the allotment, if any, shall not
exceed the amount specified in the court order, decree, or written
agreement to be paid to her. For an illegitimate child, to whose
support the father has been judicially ordered or decreed to
contribute, it shall not exceed the amount fixed in the order or
decree.
Section 206. — That family allowances to members of class B
shall be paid only if and while the members are dependent in whole
or in part on the enlisted man, and then only if and while the enlisted
man makes a monthly allotment of his pay for such members in the
following amounts :
(«) If an enlisted man is not making a compulsory allotment
for class A the allotment for class B required as a condition to the
family allowance shall be $ 1 5 ;
(&) If an enlisted man is making a compulsory allotment for
class A the additional allotment for class B required as a condition
to the family allowance shall be $ 5 , or if a woman is making an
allotment of $15 for a dependent husband or child the additional
allotment for the other members of class B required as a condition
to the family allowance shall be $5 (9).
Section 207.— That the amount of the family allowance to
members of class B shall be subject to each of the following
limitations :
(a) If an allowance is paid to one or more beneficiaries of Class A,
the total allowance to be paid to the beneficiaries of Class B shall
not exceed the difference between the allowance paid to the
beneficiaries of Class A and the sum of $ 50.
(b) The total monthly allowance to beneficiaries of Class B added
to the enlisted man's monthly allotment to them shall not exceed
the average sum habitually contributed bjf him to their support
monthly during the period of dependency but not exceeding a year
immediately preceding his enlistment or the enactment of this
amendatory Act.
. Section 208. — That as between the members of Class A*and as
between the members of Class B, the amount of the allotment and
family allowance shall be apportioned as may be prescribed by
regulations.
(8) Editorial Note. This section in the amended form appearing in
the text came into force on 1 July 1918.
(9) Editorial Note. This section in the amended form' appearing in
the text came into force on 1 July 191S.

— 62 —
Section 209. — The War and Navy Departments, respectively,
shall pay over to the Treasury Department monthly the entire
amount of such allotments for distribution to the beneficiaries,
and the allotments and family allowances shall be paid by the bureau
to or for the beneficiaries.
Section 210 (10). — That upon receipt of any application for
family allowance, ' the commissioner shall make all proper investigations and shall make an award, on the basis of which award the
amount oft.he allotments to be made by the man shall be certified
to the War Department or the Navy Department, as may be proper.
Whenever the commissioner shall have reason to believe that an
allowance has been improperly made or that the conditions have
changed, he shall investigate or reinvestigate and may modify
the award. The amount of each monthly allotment and allowance
shall be determined according to the family conditions existing
on the first day of the month.
Section 211. — That all family allowances and allotments
payable by the Bureau of War Bisk Insurance under the authority
of this article shall be discontinued at the end of the fourth calendar
month after the termination of the present war emergency, as
declared by proclamation of the President of the United States,
and thereafter all allotments of pay shall be voluntary and shall
be made under such regulations as may be prescribed by the
Secretary of War and the Secretary of the Navy, respectively.

ARTICLE

III

Compensation for Death or Disability
Section 300 ( ,1 ). — That for death or disability resulting from
personal injury suffered or disease contracted in the line of duty,
b y any commissioned officer or enlisted man, or by any member of
the Army Nurse Corps (female) or of the Navy Nurse Corps (female)
when employed in the active service under the War Department
or Navy Department, the United States shall pay compensation
as hereinafter provided; but no compensation shall be paid if the
injury or disease has been caused by his own wilful misconduct :
Provided, That for the purposes of this section said officer, enlisted
man, or other member shall be held and taken to have been in sound
condition when examined, accepted, and enrolled for service :
Provided further, That this section, as amended, shall be deemed
to become effective as of 6 April 1917.
SecUon 301. — That if death results from injury—
If the deceased leaves a widow or child, or if he leaves a mother
or father either or both dependent upon him for support, the monthly
compensation shall be the following amounts :
(10) Editorial Note. This section has been amended by section 17 of the
Act of 9 August 1921. See Appendix VIII.
(11) Editorial Note. . This section has been amended by section 18 of
the Act of 9 August 1921. See Appendix VIII.

—

G a -

ia) I t there is a widow but no child, $25;
(6) If there is a widow and one child, $35;
(c) If there is a widow and two children, $42.50, with $5 for
•each additional child up to two;
(d) If there is no widow, but one child, $20;
(e) If there is no widow, but two children, $30;
(/) If there is no widow, but three children, $40, with $5 for each
additional.child up to two;
(g) If there is a dependent mother (or dependent father), $20,
•or both, $30. The amount payable under this subdivision shall
not exceed the difference between the total amount payable to the
widow and children and the sum of $75. This compensation shall
be payable for the death of but one child, and no compensation for
the death of a child shall be payable if the dependent mother is in
receipt of compensation under the provisions of this article for the
•death of her husband. Such compensation shall be payable whether
the dependency of the father or mother or both arises before or after
the death of the person, but no compensation shall be payable if
the dependency arises more than five years after the death of the
person.
If death occur or shall have occurred subsequent to 6 April 1917,
and before discharge or resignation from service, the United States
shall pay for burial expenses and the return of body to his home
a sum not to exceed $100, as may be fixed by regulations.
The payment of compensation to a widow shall continue until
her death or remarriage.
The payment of compensation to or for a child shall continue
until such child reaches the age of eighteen years or marries, or if
such child be incapable, because of insanity, idiocy, or being otherwise
permanently helpless, then during snch incapacity.
Whenever the compensation payable to or for the benefit of any
person under the provisions of this section is terminated by the
happening of the contingency upon which it is limited, the
compensation thereafter for the remaining beneficiary or beneficiaries,
if any, shall be the amount which would have been payable to them
if they had been the sole original beneficiaries.
As between the widow and the children not in her custody, and
as between children, the amount of the compensation shall be
apportioned as may be prescribed by regulation.
The term '' widow " as used in this section shall not include one
who shallfhave married the deceased later than ten years after the
time of injury, and shall include a widower, whenever his condition
is such that, if thé deceased personM were living, he would have been
dependent upon her for support ( ).
Section 302. — That if disability results from the injury—
(12) Editorial Note. Section 10 of the Act tò amend and modify the
War Risk Insurance Act provides as follows : " That section 301 of the War
Risk Insurance Act, as amended, shall be deemed to be in effect aá of
April 6, 1917 : Provided, however, That before compensation thereunder
shall be paid there shall first be deducted from said sum so to be paid the
amount of any payments such person may have received by way of gratuities or payments under pension laws in force and existence between
April 6, 1917, and Octobex ft, 1917". ..

;

— 6'4 —

(1) If and while the disability is rated as total and temporary,
the monthly compensation shall bè the following amounts r ••
' (a) If the disabled-person has neither wife nor child living, $80.
(2>) If he has a wife but nò ' child living, $90.
(c) If he has a wife and one child living, $95.
(d) If he has a wife and two or .more children living, $100.
(e) If he has no wife but one child living; $90, with $5 for
each additional child.
(/) If he has a mother or father, either or both dependent on
him for support, then, in addition to the above amounts,
$10 for each parent so dependent.
(2) If and while the disability is rated as partial and temporary,
the monthly compensation shall be a percentage of the compensation that would be payable for his total and temporary disability,
equal to the degree of the reduction in earning capacity resulting
from the disability, but no compensation shall be payable for a
reduction in earning capacity rated at less than 10 per centum.
(3) If and while the disability is rated as total and permanent,
the rate of compensation shall be $100 per month : Provided, however,
That the loss of both feet, or both hands, or the sight of both eyes,
or the loss of one foot and one hand, or one foot and the sight of
one eye, or one hand and the sight of one eye, or becoming helpless:
and permanently bedridden, shallbe deemed to be total, permanent
disability : Provided further, That for double, total, permanent
disability the rate of compensation shall be $200 per month.
(4) If and while the disability is rated as partial and permanent,
the monthly compensation shall be a percentage of the compensation that would be payable for his total and permanent disability
equal to the degree of the reduction in earning capacity resulting
from.the disability, but no compensation shall be payable for a
reduction in earning capacity rated at less than 10 per centum.
A schedule of ratings of reductions in earning capacity from
specific injuries or combinations of injuries of a permanent nature
shall be adopted and applied by the bureau. Eatings may be as
high as 100 per centum. The ratings shall be based, as far as
practicable, upon the average impairments of earning capacity
resulting from such injuries in civil occupations and not upon the
impairment in earning capacity in each individual case, so t h a t
there shall be no reduction in the rate of compensation for individual
success in overcoming" thè handicap of a permanent injury. The
bureau in adopting the schedule of ratings of reduction iñ earning
capacity shall consider the impairment in ability to secure employment which results from such injuries. The bureau shall from time
to time readjust this schedule of ratings in accordance with actual
experience.
(5) If the disabled person is so helpless as to be in constant need
of a nurse or attendant, such additional sum shall be paid, but not
exceeding $20 per month, as the director may deem, reasonable.
(6) In addition to the compensation above provided, the injured
person shall be furnished by the United States such reasonable
governmental medical, surgical, and hospital services and with
such supplies, including wheeled chairs, artificial limbs, trusses,

— 65 —
and similar appliances, as the director may determine to be useful
and reasonably .necessary, which wheeled' chairs, artificial limbs,
trusses, and. similar appnanpeg may be procured, by the Bureau
of War Bisk Insurance in such, manner, either by purchase or
manufacture, as the director may determine to be advantageous
and reasonably necessary : Provided, That nothing in this Act
¡shall be construed to affect the necessary military control over any
member of. the military or naval establishments before he shall
have been discharged from the military or naval service (13).
(7) Where the disabled person and his wife are not living together,
or where the children are not in thecustody of the disabled person,
the amount of the compensation shall be apportioned as may be
prescribed by regulations.
(8) The term "wife" as used in this section shall include " husband" if the husband is dependent upon the wife for support.
(9) That the Bureau of War Bisk Insurance is hereby authorised
to furnish transportation, also the medical, surgical, and hospital
•services and the supplies and appliances provided by subdivision (6)
hereof, to discharged members of the military or naval forces of
those Governments which have been associated in war with the
United States since 6 April 1917, and come within the provisions
of laws of such Governments similar to the War Bisk Insurance Act,
at such rates and under such regulations as the Director of the
Bureau of War Bisk Insurance may prescribe; and the Bureau of
War Bisk Insurance is hereby authorised to utilise the similar
¡services, supplies and appliances provided for the discharged members
of the military and naval forces of those Governments which have
been associated in war with the United States since 6 April 1917, by
the laws of such Governments similar to the War Bisk Insurance
Act, in furnishing the discharged members of the military and naval
forces of the United States who live within the territorial limits of
-such Governments and come within the provisions of subdivision (6)
hereof, with the services, supplies, and appliances provided for in
such subdivision; and any appropriations that have been or may
hereafter be made for the purpose of furnishing the services, supplies,
and appliances provided for by subdivision (6) hereof are hereby
made available for the payment to such Governments or their
agencies for the services, supplies, and appliances so furnished at
such rates and under such regulations as the Director of the Bureau
of War Bisk Insurance may prescribe.
(10) That section 302 of the War Bisk Insurance Act as amended
•shall be deemed to be in effect as of 6 April > 1917 : Provided, That
any person who is now receiving a gratuity or pension under existing
law shall not receive compensation under this Act unless he shall
first surrender all claim to such gratuity or pension.
Section 303. — That every person applying for or in receipt of
•compensation for disability utader the provisions of this Article shall,
as frequently and at such times and places as may be reasonably
required, submit himself to examination by a medical officer of
(13) Editorial Note. The general conditions for the organisation of
medica]; care, treatment, hospitalisation, dispensary and convalescent care
are fixed by sections' 9, 11, 12 and 13 of thé Act of 9 August 1921. See
Appendix VIII.

— 66 —
the United • States or by a duly qualified physician designated or
approved by the director. He may have a duly qualified physician
designated and paid by him present to participate in such examination. Por all examinations he shall, in the discretion of the
director, be paid his reasonable travelling and other expenses and
also loss of wages incurred in order to submit to much examination.
If he refuses to submit himself for, or in any way obstructs, any
examination, his right to claim compensation under this Article
shall be suspended until such refusal or obstruction ceases. ÏTo
compensation shall be payable while such refusal or obstruction
continues, and nò compensation shall be payable for the intervening
period.
Every person in receipt of compensation for disability shall
submit to^any reasonable medical or surgical treatment furnished
by the bureau whenever requested by the bureau; and the consequences of unreasonable refusal to submit to any such treatment
shall not be deemed to result from the injury compensated for.
Section 304.— [This section was repealed by Act of 27 June 1918—
Vocational Eehabilitation Act—Public, No. 178, 65th Congress.]
Section 305 ( u ). — That upon itg own motion or upon application
the bureau may at any time review an award, and, in accordance
with the facts found upon such review, may end, diminish, or increase
the compensation previously awarded, or, if compensation has been
refused or discontinued, may award compensation.
Section 306 (15). — That no compensation shall be payable for
death or disability which does not occur prior to or within one year
after discharge or resignation from the service, except that where,
after a medical examination made pursuant to regulations, at the
time of discharge or resignation from the service, or within such
reasonable time thereafter, not exceeding one year, as may be
allowed by regulations, a certificate has been obtained from the
director to the effect that the injured person at the time of his
discharge or resignation was suffering from injury likely to result
in death or disability, compensation shall be payable for death or
disability, whenever occurring, proximately resulting from such
injury.
Section 307. — That compensation shall not be payable for death
. in the course of the service until the death be officially recorded in
the department under which he may be serving. No compensation
shall be payable for a period during which the man has bee* reported
"missing" and a family allowance has been paid for him under the
provisions of Article I I .
Section 308. — That no compensation shall be payable for death
inflicted as a lawful punishment for a crime or military offence
except when inflicted by the enemy. A dismissal or dishonourable
or bad conduct discharge from the service shall bar and terminate
all right to any compensation under the provisions of this Article.
(14)
the Act
(15)
the Act

Editorial Note. This section has been amended by section 19 of
of 9 August 1921. See Appendix VIII.
Editorial Note. This section has been amended by section 20 of
of 9 August 1921. See Appendix VIII.

— 67 —
Section 309. — That no compensation shall be payable unless
a claim therefor be filed, in case of disability, within five years.
after discharge or resignation from the service, or, in case of death
during the service, within five years after such death is officially
recorded in the department under which he may be serving r
Provided, however, That where compensation is payable for death
or disability occurring after discharge or resignation from the service,
claim must be made within five years after such death or the
beginning of such disability.
The time herein provided may be extended by the director
not to exceed one year for good cause shown. If at the time t h a t
any right accrues to any person under the provisions of this Article,
such person is a minor, or is of unsound mind or physically unable
to make a claim, the time herein provided shall not begin to run
until such disability ceases.
Section 310. — That no compensation shall be payable for any
period more than two years prior to the date of claim therefor,
nor shall increased compensation be awarded to revert back more
than one year prior to the date of claim therefor.
Section 311. — [This section was repealed by Act of 25 June 1918.
The substance is now included in section 28.]
Section 312. — That compensation under this Article shall not
be paid while the person is in receipt of service or retirement pay.
The laws providing for gratuities or payments in the event of death
in the service and existing pension laws shall not be applicable
after the enactment of this amendment to any person in the active
military or naval service on the sixth day of October, nineteen
hundred and seventeen, or who thereafter entered the active military
or naval service, or to their widows, children, or their dependents,.
except in so far as rights under any such law have heretofore accrued.
Compensation because of disability or death of members of
the Army Nurse Corps (female) or of the Navy Nurse Corps (female)
shall be in lieu of any compensation for such disability or death
under the Act entitled " An Act to provide compensation for
employees of the United States suffering injuries while in the
performance of their duties, and for other purposes ", approved
September seventh, nineteen hundred and sixteen.
Section 313. — (1) That if an injury or death for which
compensation is payable under this Article is caused under
circumstances creating a legal liability upon some person other
than the United States or the enemy to pay damages therefor,
the director, as a condition to payment of compensation by the
United States, may require the beneficiary to assign to the United
States any right of action he may have to enforce such liability
of such other person, or if it appears to be for the best interests of the
beneficiary the director may require him to prosecute the said action
in his own name, subject to regulations. The director may require
such assignment or prosecution at any time after the injury or death,
and the failure on the part of the beneficiary to so assign or to
prosecute said cause of action in his own name within a reasonable
time, to be fixed by the director, shall bar any right to compensation
on account of the same injury or death. The cause of action so
assigned to the United States may be prosecuted or compromised
by the director, and any money realised or collected thereon, less

— 68 —
the reasonable expenses of such realisation or collection, shall be
placed to the credit of the military and naval compensation
appropriation.
If the amount placed to the credit of such
appropriation in such case is in excess of the amount of the award
of compensation, if any, such excess shall be paid to the beneficiary
after any compensation award for the same injury or death is made.
If a beneficiary or conditional beneficiary shall have recovered,
as a result of a suit brought by him or on his behalf, or as a result
of a settlement made by him or on his behalf, any money or other
property in satisfaction of the liability of such other person, such
money or other property so recovered shall be credited upon any
compensation payable, or which may become payable, to such
beneficiary, or conditional beneficiary, by the United States on
account of the same injury or death.
(2) If an injury or death for which compensation may be payable
under this Article is caused under circumstances creating a legal
liability upon some person, other than the United States or the
enemy, to pay damages therefor, then, in order to preserve the right
of action, the director may require the conditional beneficiary, at any
time after the injury or death, to assign such right of action to the
United States, or, if it appears to be for the best interests of such
conditional beneficiary, to prosecute the said cause of action in his
own name, subject to regulations. The failure on the part of t h e
beneficiary to so assign or to prosecute the said cause of action in
his own name within a reasonable time, to be fixed by the director,
shall bar any right to compensation on account of the same injury
or death. The cause of action so assigned may be prosecuted or
compromised by the director, and any money realised or collected
thereon, less the reasonable expenses of such realisation or collection,
shall be paid to such beneficiary, and be credited upon any future
compensation which may become payable to such beneficiary
by the United States on account of the same injury or death (16).
(3) The bureau shall make all necessary regulations for carrying
out the purposes of this section. For the purposes of computation
only under this section the total amount of compensation due any
beneficiary shall be deemed to be equivalent to a lump sum equal
t o the present value of all future payments of compensation
computed as of the date of the award of compensation at four per
centum, true discount, compounded annually. The probability
of the beneficiary's death before the expiration of the period during
which he is entitled to compensation shall be determined according
to the American Experience Table of Mortality.
A conditional beneficiary is any person who may become entitled
to compensation under this Article on or after the death of the injured
person.
Nothing in this section shall be construed to impose any
administrative duties upon the War or Navy Departments.
Section 314. — That from and after the passage of this Act the
rate of pension for a widow of an officer or enlisted man of the Army,
Navy, or Marine Corps of the United States who served in the Civil
War, the War with Spain, or the Philippine Insurrection, now on the
(16) EdUorial Note. Section 21 of the Act of 9 August 1921 adds to
section 313 a new subsection to be known as subsection 2a. See Appendix VIII.

— 69 —
pension roll or hereafter to be placed on the pension roll, and entitled
to receive a less rate than hereinafter provided, shall be $25 per
month ; and nothing herein shall be construed to affect the additional
allowance provided by existing pension laws on account of a helpless
child or child under sixteen years of age : Provided, however, That this
Act shall not be so construed as to reduce any pension under any
Act, public or private : And provided further, That the provisions
of this section shall be administered, executed, and enforced by theCommissioner of Pensions ( i7 ).

ARTICLE

IV

Insurance
Section 400. — That in order to give to every commissioned
officer and enlisted man and to every member of the Army Nurse
Corps (female) and of the Navy Nurse Corps (female) when employed
in active service under the War Department or Navy Department
greater protection for themselves and their dependents than is
provided in Article III, the United States, upon application to the
bureau and without medical examination, shall grant insurance
against the death or total permanent disability of any such person
in any multiple of $500, and not less than $1,000 or more than
$10,000, upon the payment of the premiums as hereinafter provided.
Section 401. — That such insurance must be applied for within
one hundred and twenty days after enlistment or after entrance into
or employment in the active service and before discharge or
resignation, except that those persons who are in the active war
service at the time of the publication of the terms and condition*
of such, contract of insurance may apply at any time within one
hundred and twenty days thereafter and while in such service :
Provided, That any person in the active service on or after the 6th
day oï April, 1917, and before the 11th day of November, 1918, who
while in such active service made application for insurance after
the expiration of more than one hundred and twenty days after
15 October, 1917, or more than one hundred and twenty days after
entrance into or employment in the active service, and whose application was accepted and a policy i-cued thereon, and from whom
premiums w¡ re collected, and who become,, or bad become totally
and permanently disabled, or dies or has died, shall be deemed to
hqve made legal application for such insurance and the policy
issued on such application shall be valid. Any person in the active
service on or after the 6th day of April, 1917, and before the 11th day
of November, 1918, who. while in such service, and before the expiration of one hundred and twenty days after 15 October, 1917. or
one hundred and twenty days after entrance into or employment
in the active service, becomes or has become totally or permanently
disabled, or dies or has died, without having applied for insurance.
shall be deemed to have applied for and to have been granted insur(17) Editorial Note. Section 22 OÍ the Act of 9 August 1921 adds to
Atticle III of the War Bisk Insurance Act a new section to be known
as section 315. See Appendix Vili.

— 70 —
a n c e , p a y a b l e to such person d u r i n g his life in m o n t h l y i n s t a l m e n t s
of $25 each; a n d a n y person inducted into t h e service b y a local
d r a f t b o a r d after t h e 6 t h d a y of April, 1917. a n d before t h e 1 1 t h d a y
of November, 1918, who while in such service, a n d before being
a c c e p t e d a n d enrolled for active military or n a v a l service, becomes
o r has become totally a n d p e r m a n e n t l y disabled, or dies or h a s died,
w i t h o u t h a v i n g applied for insurance, shall b e d e e m e d to h a v e
applied for a n d to h a v e been g r a n t e d insurance, p a y a b l e to such
person d u r i n g his life in m o n t h l y i n s t a l m e n t s of $25 each. If h e
shall die either before h e shall h a v e received a n y of such m o n t h l y
i n s t a l m e n t s or before h e shall h a v e received two h u n d r e d a n d forty
of such m o n t h l y instalments, t h e n $25 per m o n t h shall b e p a i d to
his widow from t h e t i m e of his d e a t h a n d during her widowhood;
or if there is no widow surviving him, t h e n to his child or children :
o r if t h e r e is no child surviving him, t h e n to his m o t h e r ; or if t h e r e
b e no m o t h e r surviving h i m , t h e n to his father, if a n d while t h e y
s u r v i v e h i m : Provided, however. T h a t no m o r e t h a n two h u n d r e d
a n d forty of such instalments, including those received b y such
person during his t o t a l a n d p e r m a n e n t disability, shall b e so p a i d .
T h e a m o u n t of t h e m o n t h l y i n s t a l m e n t s shall b e a p p o r t i o n e d between
children as m a y b e p r o v i d e d b y regulations : Provided further, T h a t
each officer a n d enlisted m a n a t t a c h e d to t h e U n i t e d S t a t e s ship
Cyclops on t h e 4 t h d a y of March 1918, a n d every officer a n d enlisted
m a n who on said d a t e was a passenger on said vessel shall b e deemed
to h a v e been g r a n t e d i n s u r a n c e in t h e s u m of $5,000 p e r m i t t e d u n d e r
t h e W a r E i s k I n s u r a n c e Act.
Section 402( 18 ). — T h a t t h e Director, subject to t h e general direc(18) Editorial Note. This section has been considerably modified by
the Act to amend and modify the War Eisk Insurance Act (Public,
No. 104, 66th Congress), approved on 24 December 1919.
Sections 13-19 of the last-mentioned Act which deal especially with the
modification of the classes of beneficiaries for War Eisk Insurance are as
follows :
Section- IT:. — That the permitted class of beneficiaries for insurance as
specified in section 402 of the War Risk Insurance Act is hereby enlarged
so as to include, in addition to the persons therein enumerated, uncles,
aunts, nephews, nieces, brothers-in-law and sisters-in-law of the insured.
This section shall be deemed to be in effect as of 6 October 1917 : Provided,
T h a t nothing herein shall be construed to interfere with the payment of the
monthly instalments authorised to be made under the provisions of said
War Eisk Insurance Act, as originally enacted and subsequently amended,
up to and including the second calendar month after the passage of this
Act : Provided lurther, That all awards of insurance under the provisions
of the said War Eisk Insurance Act, as originally enacted and subsequently
amended, shall be revised as of the first day of the third calendar month
after the passage of this Act, in accordance with the provisions of the said
War Eisk Insurance Act as modified by this amendatory Act.
Section 14. — That if no person within the permitted class of beneficiaries
survive the insured, then there shall be paid to the estate of the insured
the monthly instalments payable and applicable under the provisions of
Article IV of the War Eisk Insurance Act.
Section 15. — That if any person to whom such yearly renewable term
insurance has been awarded dies, or his rights are otherwise terminated 4
•after the death of the insured, but before all of the two hundred and forty
monthly instalments have been paid, then the monthly instalments payable
and applicable shall be payable to such person or persons within the permitted class of beneficiaries as would, under the laws of the State of residence
of the insured, be entitled to his personal property in case of intestacy;

— 71 —
tion of t h e Secretary of t h e Treasury, shall p r o m p t l y d e t e r m i n e u p o n
a n d publish t h e full a n d e x a c t t e r m s a n d conditions of such c o n t r a c t
of insurance. T h e insurance shall b e p a y a b l e only t o a spouse, child.
grandchild, p a r e n t , b r o t h e r or sister, a n d also during t o t a l a n d
p e r m a n e n t disability to t h e injured person, or to a n y or all of t h e m .
T h e i n s u r a n c e shall b e p a y a b l e in two h u n d r e d a n d forty equal
m o n t h l y instalments. Provisions for m a t u r i t y a t certain ages, for
•continuous instalments during t h e life of t h e insured or beneficiaries,
or b o t h , for cash, loan, p a i d u p a n d e x t e n d e d values, dividends
from gains a n d savings, a n d such other provisions for t h e protection
a n d a d v a n t a g e of a n d for a l t e r n a t i v e benefits to t h e insured and
t h e beneficiaries as m a y b e found to b e reasonable a n d practicable,
m a y b e p r o v i d e d for in t h e contract of insurance, or from time to
t i m e b y regulations. All calculations shall be based u p o n t h e
and ii the permitted class of beneficiaries be exhausted before all of the
two hundred and forty monthly instalments have been paid, then there
shall be paid to the estate of the last surviving person within the permitted
class the remaining unpaid monthly instalments.
Section 16. —- That if no beneficiary within the permitted class be
designated by the insured as beneficiarv for converted insurance, granted
under the provisions of Article IV of the War Kisk Insurance Act, either
in his lifetime or by his last will and testament, or if the designated beneficiary does not survive the insured, then there shall be paid to the estate
of the insured the remaining unpaid monthly instalments; or if the designated
beneficiary survives the insured and dies before receiving all of the
instalments of converted insurance payable and applicable, then there
shah be paid to the estate of such beneficiary the remaining unpaid mont dy
instalments.
Section 17. — That the Bureau of War Risk Insurance may make provision in the contract for converted insurance for optional settlements, to be
selected by the insured, whereby such insurance may be made payable
either in one sum or in instalments for thirty-six months or more. The
bureau may also include in said contract a provision authorising the
beneficiary to elect to receive payment of the insurance in instalments
for thirty-six months or more, but only if the insured has not exercised
the right of election as hereinbefore provided; and even though the insured
may have exercised his right of election, the said contract may authorise
the beneficiary to elect to receive such insurance in instalments spread over
a greater period of time than that selected by the insured.
Section 18. —• That all premiums paid on account of insurance converted
under the provisions of Article IV of the War Risk Insurance Act shall bo
deposited and covered into the Treasury to the credit of the United States
Government life insurance fund and shall be available for the payment of
losses, dividends, refunds, and other benefits provided for under such
insurance. Payments from this fund shall be made upon and in accordance
with awards by the director.
The Bureau of War Risk Insurance is hereby authorised to set aside out
of the fund so collected such reserve funds as may be required, under
accepted actuarial principles, to meet all liabilities under such insurance;
and the Secretary of the Treasury is hereby authorised to invest and
reinvest the said United States Government life insurance fund, or any
part thereof, in interest-bearing obligations of the United States and to
sell the obligations for the purposes of the said fund.
Section 19. — That the amount of the monthly instalments of allotment
and family allowance, compensation, or yearly renewable term insurance
which has become payable under the provisions of the War Risk Insurance
Act but which has not been paid prior to the death of the person entitled
to receive the same may be payable to the personal representatives of the
deceased person.

— 72 —
American Experience Table of Mortality and interest at three and
one-half per centum per annum, except that no deduction shall
be made for continuous instalments during the life of the insured
in case his total and permanent disability continues more than twohundred and forty months. Subject to regulations, the insured
shall at all times have the right to change the beneficiary or beneficiaries of such insurance without the consent of such beneficiary
or beneficiaries, but only within the classes herein provided. If no
beneficiary within the permitted class be designated by the insured,
either in his lifetime or by his last will and testament, or if the
designated beneficiary does not survive the insured, the insurance
shall be payable to such person or persons within the permitted
class of beneficiaries as would under the laws of the State of the
residence of the insured be entitled to his personal property in case
of intestacy. If no such person survive the insured, then there
shall be paid to the estate of the insured an amount equal to the
reserve value, if any, of the insurance at the time of his death,
calculated on the basis of the American Experience Table of Mortality
and three and one-half per centum interest in full of all obligations
under the contract of insurance.
Section 403. — That the United States shall bear the expensesof administration and the excess mortality and disability cost resulting from the hazards of war. The premium rates shall be the net
rates based upon the American Experience Table of Mortality and
interest at three and one-half per centum per annum.
Section 404( 19 ).— That during the period of war and thereafter
until converted the insurance shall be term insurance for successive terms of one year each. Not later than five years after the
date of the termination of the war as declared by proclamation of
the President of the United States, the term insurance shall be
converted, without medical examination, into such form or forms
of insurance as may be prescribed by regulations and as the insured
may request. Eegulations shall provide for the right to convert
into ordinary life, twenty-payment life, endowment maturing at
age sixty-two and into other usual forms of insurance and shall
prescribe the time and method of payment of the premiums thereon,
but payments of premiums in advance shall not be required for
periods of more than one month each and may be deducted from
the pay or deposit of the insured or be otherwise made at his election.
Section 405. — [This section was repealed by Act of 20 May 1918.
The substance is now included in section 13.]
Sections 406, 407, 408, 409, 410 and 411. — [New sections so
numbered have been added to this Act by sections 25, 26, 27, 28,
29 and 30 of the Act of 9 August 1921. See Appendix VIII.]

(19) Editorial Note. This section has been amended by section 24 of
the Act of 9 August 1921. See Appendix VIII.

— 73 —

APPENDIX VIII

UNITED

STATES

Public, No. 47— 67th Congress
An Act to establish a Veterans' Bureau and to improve the facilities
and service of such Bureau, and further to amend and modify the
War Risk Insurance Act.
Be it enacted by the Senate and House of Eepresentatives of
the United States of America in Congress assembled :

TITLE

Veterans'

I

Bureau

Section 1. — There is hereby established an independent bureau
under the President to be known as the Veterans' Bureau, the director
of which shall be appointed by the President, by and with the advice
and consent of the Senate. The director of the Veterans' Bureau
shall receive a salary of $10,000 per annum, payable monthly.
The word " director ", as hereinafter used in this Act, shall mean
the Director of the Veterans' Bureau.
The powers and duties pertaining to the office of the Director
of the Bureau of War Brisk Insurance now in the Treasury
Department are hereby transferred to the director, subject to the
general direction of the President, and the said office of the Director
•of the Bureau of War Bisk Insurance is hereby abolished.
There shall be included on the technical and administrative
staff of the director such staff officers, experts, and assistants as
the director shall prescribe; and there shall be in the Veterans'
Bureau such sections and subdivisions thereof as the director shall
prescribe.
> '
Section 2. —The director, subject to the general direction of the
President, shall administer, execute, and enforce the provisions
•of this Act, and for that purpose shall have full power and authority
to make rules and regulations not inconsistent with the provisions
of this Act, which are necessary or appropriate to carry out its
purposes, and shall decide all questions arising under this Act except
as otherwise provided herein.
Section 3. — The functions, powers, and duties conferred by
existing law upon the Bureau of War Bisk Insurance are hereby
transferred to and made a part of the Veterans' Bureau.
The functions, powers, and duties conferred upon the Federal
Board for Vocational Education by the Act entitled " An Act to
provide for vocational rehabilitation and return to civil employment

— 74 —
of disabled persons discharged from the military or naval forces
of the United States, and for other purposes ", approved June 27,
1918, and amendments thereto, are hereby transferred to and made
a part of the Veterans' Bureau.
Section a. — All personnel, facilities, property, and equipment,
including leases, contracts, and' other obligations and instrumentalities in the District of Columbia and elsewhere of the Bureau
of War Eisk Insurance, of the United States Public Health Service,
as described and provided in a written order of the Treasury
Department issued and signed by the Secretary of the Treasury
on April 19, 1921, and designated " Order relative to the transfer
of certain activities of the United States Public Health Service,
relating to the Bureau of War Eisk Insurance, including the
trainees of the Behabilitation Division of the Federal Board for
Vocational Education ", and of the Behabilitation Division of the
Federal Board for Vocational Education, as a result of the administration of the Act approved June 27, 1918, and amendments
thereto, are hereby transferred to and made a part of the Veterans'
Bureau under the control, management, operation, and supervision
of the director, and subject to such change in designation and
organisation as he .may deem necessary in carrying out the provisions of this Act : Provided, That all commissioned personnel
detailed or hereafter detailed from the United States Public
Health Service to the Veterans' Bureau shall hold the same rank
and grade, shall receive the same pay and allowances, and shall
be subject to the same rules for relative rank and promotion as
now or hereafter may be provided by law for commissioned personnel of the same rank or grade or performing the same or similar
duties in the United States Public Health Service.
Section 5. — All records, files, documents, correspondence, and
other papers relating to service rendered or to be rendered by the
United States Public Health Service in the medical examination,
assignment to hospitals, and treatment of persons who are now
or have been patients and beneficiaries of the Bureau of War Eisk
Insurance or of the Behabilitation Division of the Federal Board
for Vocational Education, as a result of the administration of the
Act approved June 27, 1918, and amendments thereto, and as
described and provided in a written order of the Treasury Department issued and signed by the Secretary of the Treasury on April
19, 1921, and designated " Order relative to the transfer of certain
activities of the United States Public Health Service relating to the
Bureau of War Bisk Insurance, including the trainees of the
Behabilitation Division of the Federal Board for Vocational
Education", shall be transferred to the Veterans' Bureau.
All records, files, documents, correspondence, and other papers
in the possession of the Bureau of War Eisk Insurance, and those
which as a result of the administration of the Act approved June 27,
1918, and amendments thereto, are in the possession of the
Behabilitation Division of the Federal Board for Vocational
Education shall be transferred to the Veterans' Bureau.
Section 6. — The director shall establish a central office in the
District of Columbia and not more than fourteen regional offices.
and such suboffices, not exceeding one hundred and forty in number,
within the territory of the United States and its outlying possessions
as may be deemed necessary by him and in the best interests of

— 75 —
the work committed to the Veterans' Bureau and to carry out t h e
purposes of this Act. Such regional offices may, pending final
action by the director in case of an appeal, under Such rules and
regulations as may be prescribed by the director, exercise such
powers for hearing complaints and for examining, rating, and
awarding compensation claims, granting medical, surgical, dental,
and hospital care, convalescent care, and necessary and reasonable
after-care, making insurance awards, granting vocational training
and all other matters delegated to them by the director as could
be performed lawfully under this Act by the central office. The
suboffices shall have such powers as may be delegated to them by
the director, except to make compensation and insurance awards
and to grant vocational training.
The regional offices and suboffices, with all authority to
establish such offices, shall terminate on June 30, 1926, but nothing
herein shall prevent the director from terminating any regional
offices or suboffices when in his judgment this may be done without
detriment to the administration of this Act, and upon such
termination all records and supplies pertaining thereto shall b e
delivered to the central office.
Section 7. — The beneficiaries of the Bureau of War Bisk Insurance
and the Eehabilitation Division of the Federal Board for Vocational
Education shall hereafter be the beneficiaries of the Veterans'
Bureau, and a complete individual record of each beneficiary shall
be kept by the Veterans' Bureau.
Section 8. — All sums heretofore appropriated for carrying out
the provisions of the War Bisk Insurance Act and amendments
thereto, and to carry out the provisions of the Act entitled " An
Act to provide for vocational rehabilitation and return to civil
employment of disabled persons discharged from the military
or naval forces of the United States, and for other purposes ",
approved June 27, 1918, and amendments thereto, shall, where
unexpended, be made available for the Veterans' Bureau, and may
be expended in such manner as the director deems necessary in
carrying out the purposes of this Act, with the restrictions heretofore
imposed as to number of persons that may be employed at stated
salaries.
Section 9. — The director, subject to the general directions of
the President, shall be responsible for the proper examination,
medical care,
treatment,
hospitalisation,
dispensary,
and
convalescent care, necessary and reasonable after-care, welfare
nursing, vocational training, and such other services as may be
necessary in the carrying out of the provisions of this Act, and for
that purpose is hereby authorised to utilise the now existing or future
facilities of the United States Public Health Service, the W a r '
Department, the Navy Department, the Interior Department, the
National Homes for Disabled Volunteer Soldiers, and such other
governmental facilities as may be made available for the purposes set
forth in this Act; and such governmental agencies are hereby
authorised and directed to furnish such facilities, including personnel,
equipment, medical, surgical, and hospital services and supplies as
the director may deem necessary and advisable in carrying out
the provisions of this Act, in addition to such governmental facilities
as are hereby made available.

— 76 —
In order to standardise the character of examination, medical
-care, treatment, hospitalisation, dispensary, and convalescent care,
nursing, vocational training, and such other services as may be
necessary for beneficiaries under this Act, the director shall maintain
an inspection service, with authority to examine all facilities and
services utilised in carrying out the purpose of this Act, and for this
purpose, with the approval of the President, may utilise such other
•government or private agencies as may be deemed practicable and
necessary. The head of the inspection service shall report to the
director in the manner the director may prescribe the result of each
examination of facilities and services, and shall recommend to him
methods of standardising such facilities and services.
When, in the opinion of the director, the facilities and services
utilised for the hospitalisation, medical care, and treatment of
beneficiaries under this Act are unsatisfactory, the director shall
make arrangements for the further hospitalisation, care, and
treatment of such beneficiaries by other means.
In the event that there is not sufficient government hospital
and other facilities for the proper medical care and treatment
of beneficiaries under this Act, and the director deems it
necessary and advisable to secure additional government facilities,
he may, within the limits of appropriation made for carrying out the
provisions of this paragraph, and with the approval of the President,
improve or extend existing governmental facilities, or acquire
additional facilities by purchase or otherwise. Such new property
and structures as may be so improved, extended, or acquired shall
become part of the permanent equipment of the Veterans' Bureau
or of some one of the now existing agencies of the Government,
including the War Department, Navy Department, Interior
Department, Treasury Department, the National Homes for Disabled
Volunteer Soldiers, in such a way as will best serve the present
emergency, taking into consideration the future services to be
rendered the veterans of the World War, including the beneficiaries
under this Act.
In the event government hospital facilities and other facilities
are not thus available or are not sufficient, the director may contract
with State, municipal, or private hospitals for such medical, surgical,
and hospital services and supplies as may be required, and such
contracts may be made for a period of not exceeding five years and
may be for the use of a ward or other hospital unit or on such other
basis as may be in the best interest of the beneficiaries under this
Act.
The President is hereby authorised, should he deem it necessary
and advisable for the proper medical care and treatment of beneficiaries under this Act, to transfer to the director the operation.
management, and control of specifically designated hospitals nov.
under the jurisdiction of the Public Health Service. Such hospitals
• when transferred shall be used exclusively for beneficiaries under
this Act and shall be under the operative control of the director
for such period of time as the President may prescribe.
Section 10.—For the purpose of this Act, the director is authorised
to detail from time to time clerks or persons employed in the bureau
to make examinations into the merits of compensation and insurance
claims, whether pending or adjudicated, as he may deem proper.
and to aid in the preparation, presentation, or examination of sucli
•claims; and any such person so detailed shall have power to

— 77 — •
administer oaths, take affidavits, and certify to the correctness of
the papers and documents pertaining to the administration of this
Act. Nothing in this section shall be construed to authorise a
travel allowance to clerks or persons for transportation or subsistenceoutside of the district in which they are employed.
Section 11. — The director is hereby authorised to make such
rules and regulations as may be deemed necessary in order to promote
good conduct on the part of persons who are receiving care or
treatment in hospitals, homes, or institutions as patients or
beneficiaries of said bureau during their stay in such hospitals,
homes, institutions, or training centres. Penalties for the breach
of such rules and regulations may, with the approval of the director,
extend to a forfeiture by the offender of such portion of the
compensation payable to him, not exceeding three-fourths of the
monthly instalment per month for three months, for a breach
committed while receiving treatment in such hospital, home,
institution or training centre as may be prescribed by such rules and
regulations : Provided, That the offender shall have the right to
appeal the decision involving the forfeiture of a part of his
compensation to a board of three persons which shall be established
and appointed by the director in September of each year for each
regional district. Such board shall be known as the Board on
Discipline and Morale. I t shall serve without compensation, and
at least one of the members of such board shall be an ex-Serviceman
and a member of some war veterans' organisation. N"o person who
is in the employ of the United States shall be a member of such
board. The decision of such board, after hearing all the evidence
presented by the offender and those charging a breach of the rules
and regulations, shall be final.
Section Í2. — The director may set forth in regulations to be
prescribed by him the conditions and limitations whereby all patients
or beneficiaries of the Veterans' Bureau who are receiving treatment
through the bureau as inmates of a hospital may allot any proportion
or proportions or any fixed amount or amounts of their monthly
compensation for such purposes and for the benefit of such person
or persons as they may direct.
In case such inmate has not allotted three-fourths of his monthly
compensation, regulations to be made by the director may provide
that any unallotted portion of such three-fourths compensation
may be deposited to his credit with the Treasurer of the United
States to accumulate at such rate of interest as the Secretary 1 of the
Treasury may determine, but at a rate never less than 3 /-: P e r
centum per annum, payable for no period, however, of less than six
months, and when payable shall be paid, principal and interest, to
such patient if living; otherwise, to any beneficiary or beneficiaries
he may have designated, or, if there be no such beneficiary, then
to the executor or administrator of the estate of such deceased
person : Provided, That this paragraph shall not be so construed a s
to prevent payment by the bureau from the amounts due to t h e
decedent's estate of his funeral expenses, expenses of last illness,
board, rent, lodging, or other household expenses for which decedent
is liable, provided a claim therefor is presented by the creditors or
by the person or persons who actually paid the same before settlement
by the Veterans' Bureau.
The Secretary of the Treasury is hereby authorised to invest
and reinvest the said allotments deposited with him, or any p a r t

— 78 —
thereof, in interest-bearing obligations of the United States and to
••sell the obligations for the purposes of said funds.
Section 13. — In addition to the care, treatment, and appliances
now authorised by law, said bureau also shall provide without
charge therefor hospital, dental, medical, surgical and convalescent
•care and treatment and prosthetic appliances for any member of the
military or naval forces of the United States separated therefrom
under honorable conditions disabled by reason of any wound or
injury received or disease contracted, or by reason of any aggravation
of a pre-existing injury or disease, specifically noted at examination
for entrance into or employment in the active military or naval
service, while in the active military or naval service of the United
States on or after April 6, 1917 : Provided, That the wound or injury
received or disease contracted, or aggravation of a pre-existing injury
-or disease, for which such hospital, dental, medical, surgical, and
•convalescent care and treatment and prosthetic appliances shall
be furnished, was incurred in line of duty and not caused by his
•own wilful misconduct : Provided further, That application for'
•such care and treatment and appliances provided for in this section
•shall be made within one year from date of separation from service
o r from the date this Act goes into effect, "whichever is the later.
Section 14.—The director shall file with the Clerk of the House
and the Secretary of the Senate on the first day of the next regular
•session after this Act takes effect an itemised account of all
expenditures, classified, by regional offices and suboffices, made
under this Act, including names, classifications, and salaries of all
.staff officers, experts, assistants, and employees, and the nature
and terms of all contracts made under the authority of this Act,
and the names and principal placé of business of the parties thereto.
Thereafter, on the first Monday in December of each year, the
director shall make a report to Congress of his doings under this
Act for the preceding fiscal year.
Any person who shall knowingly make or cause to be made, or
•conspire, combine, aid or assist in, agree to, arrange for, or in
anywise procure the making or presentation of a false or fraudulent
affidavit, declaration, certificate, statement, voucher, or paper
or writing purporting to be such, concerning any claim or the
approval of any claim for compensation or the payment of any
money, for himself or for any other person, under Article I I I of the
War Eisk Insurance Act, or any Acts amendatory of or supplemental
to such Article III, shall forfeit all rights, claims, and benefits
under such Article III, and in addition to any and all other penalties
imposed by law shall be guilty of a misdemeanour and upon conviction
thereof. shall be punished by a fine of not more than $1,000 or
imprisonment for not more than one year, or by both such fine and
imprisonment, for each such offence.

TITLE

Amendments

II

to the War Bisk Insurance

Act

Section 15. — Section 29 of the War Eisk Insurance Act is hereby
amended to read as follows :

— 79 —
" Section 29.—The discharge or dismissal of any person from the
military or naval forces on the ground that he is an enemy alien,
•conscientious objector, or a deserter, or is guilty of mutiny, treason,
•spying, or any offence involving moral turpitude, or wilful and
persistent misconduct, shall terminate any insurance granted on
the life of such person under the provisions of Article IV, and shall
bar all rights to any compensation under Article I I I or any insurance
under Article IV : Provided, That, as to converted insurance, the
cash surrender value thereof, if any, on the date of such discharge
or dismissal shall be paid the insured, if living, and if dead to the
designated beneficiary : Provided further, That an enemy alien' who
volunteered or who was drafted into the Army, Navy, or Marine
Corps of the United States during the World War, and who was not
discharged from the service on his own application or solicitation,
by reason of his being an enemy alien, and whose service was honest
and faithful, shall be entitled to the benefit of the War Eisk
Insurance Act and all amendments thereto : Provided further, That
in case any person has been dishonourably discharged from the
military or naval forces as a result of a court-martial trial, and it is
thereafter established to the satisfaction of the director that at
the time of the commission of the offence resulting in such courtmartial trial and discharge that such person was insane, such person
shall be entitled to the compensation and insurance benefits of the
War Eisk Insurance Act. "
Section 16. — Section 31 of the War Bisk Insurance Act is hereby
amended by adding thereto a subsection to be known as subsection
(a) and to read as follows :
" (a) Any person who between the 6th day of April 1917, and
the 11th day of November, 1918, applied for enlistment or enrolment
in the military or naval forces, and who was accepted provisionally
and directed or ordered to a camp, post, station, or other place for
final acceptance into such service, shall be deemed to have the same
status as an inducted man not yet accepted and enrolled for active
service during the period while such person was complying with
such order or direction, and during such compliance, and until his
final acceptance or rejection for enlistment or enrolment into the
military or naval forces, shall be entitled to the same benefits under
Article I I and IV of the War Eisk Insurance Acts as an inducted
yet accepted and enrolled for active service. "
Section 17. — Section 210 of the War Eisk Insurance Act, as
man not amended, is hereby amended to read as follows .- *
" Section 210. — Upon receipt of any application for family
allowance, the director shall make all proper investigations and shall
make an award, on the basis of which award the amount of the
allotments to be made by the man shall be certified to the War
Department or Navy Department, as may be proper. Whenever
the director shall have reason to believe that an allowance has been
improperly made or that the conditions have changed, he shall
investigate or reinvestigate and may modify the award. The
amount of each monthly allotment and allowance shall be determined
according to the family conditions existing on the first day of the
month : " Provided, That whenever an award of allotment or
allowance, or both, covering any period has been paid to, or on
behalf of, a person designated by the enlisted man as beneficiary
of his allotment, no recovery of the allotments paid in such cases

— 80 —
shall hereafter be made for any reason whatsoever ; and no recovery
of the allowances paid in such cases shall hereafter be made for any
reason whatsoever except where it is shown that the person receiving
the allowance does not bear the relationship to the enlisted man
which is required by the War Risk Insurance Act, and except, also,
in cases of manifest fraud."
Section 18. — Section 300 of the War [Risk Insurance Act i»
hereby amended to read as follows:—
" Section 300. — For death or disability resulting from personal
injury suffered or disease contracted in the line of duty on or after
6 April 1917, or for an aggravation of a disability existing prior
to examination, acceptance, and enrolment for service, when such
aggravation was suffered and contracted in the line of duty on or
after 6 April 1917, by any commissioned officer or enlisted man, or
by any member of the Army Nurse Corps (female) or of the Navy
Nurse Corps (female) when employed in the active service under the
War Department or Navy Department, the United States shall
pay to such commissioned officer or enlisted man, member of the
Army Nurse Corps (female) or of the Navy Nurse Corps (female)
or, in the discretion of the director, separately to his or her dependents
compensation as hereinafter provided; but no compensation shall
be paid if the injury, disease, or aggravation has been caused by
his own wilful misconduct. That for the purposes of this section
every such officer, enlisted man, or other member employed in the
active service under the War Department or Navy Department who
was discharged or who resigned prior to the date of approval of
this amendatory Act, and every such officer, enlisted man, or other
member employed in the active service under the War Department
or Navy Department on or before 11 November 1918, who hereafter
is discharged or resigns, shall be held and taken to have been in
sound condition when examined, accepted, and enrolled for service,
except as to defects, disorders, or infirmities, made of record in any
manner by proper authorities of the United States at the time of
or prior to inception of active service, to the extent to which any
such defect, disorder, or infirmity was so made of record: Provided
further, That an ex-service man who is shown to have an active
pulmonary tuberculosis or neuropsychiatrie disease (of more than
10 per centum degree of disability in accordance with the provisions
of subdivision (2) of section 302 of the War Risk Insurance Act, as
amended) developing within two years after separation from the
active military or naval service of the United States shall be considered to have acquired his disability in such service, or to have suffered an aggravation of a pre-existing pulmonary tuberculosis or
neuropsychiatrie disease in such service, but nothing in this proviso
shall be construed to prevent a claimant from receiving the benefits
of compensation and medical care and treatment for a disability
due to these diseases of more than 10 per centum degree (in accordance with the provisions of subdivision (2) of section 302 of the War
Risk Insurance Act, as amended) at a date more than two years
after separation from such service, if the facts of the case substantiate his claim. This section shall be deemed to be in effect
as of 6 April 1917."
Section 19. Section 305 of the War Risk Insurance " Act
hereby amended to read as follows:-

is

— '81 —
"Section 305. — Upon its own motion or upon application the
bureau may at any time review an award, and, in accordance with
the facts found upon such review, may end, diminish, or increase
the compensation previously awarded, or, if compensation is increased,
or, if compensation has been refused, reduced, review, may or
discontinued, may award compensation in proportion to the degree
of disability sustained as of the date such degree of disability
began, but not earlier than the date of discharge or resignation."
Section 20. — Section 306 of the War Eisk Insurance Act is
hereby amended to read as follows :
"Section 306. — No compensation shall be payable for death
or disability which does not occur prior to or within one year after
discharge or resignation from the service, except that where, after
a medical examination made pursuant to regulations, a certificate
has been obtained from the director at the time of discharge or
resignation from the service, or within one year thereafter, or within
•one year after the passage of this amendatory Act, whichever is the
later, to the effect that the injured person at the time of his discharge
or resignation was suffering from injury likely to result in death or
disability, compensation shall be payable for death or disability,
whenever occurring, proximately resulting from such injury."
Section 21. — Section 313 of the War Eisk Insurance Act, as
amended, is hereby amended by adding thereto, immediately
following subsection (2) thereof, a new subsection to be known as
subsection (2 a) and to read as follows :
"(2 a) The Veterans' Bureau is hereby authorised to pay the
beneficiary or other person or persons in whose name an action may
have been commenced or prosecuted, and to all witnesses in such
action, fees and mileage, the same as is now paid and allowed to
witnesses in the United States courts, in going to, remaining at,
and returning from place of trial, and without any regard to whether
the action, if any, is brought or prosecuted in a court of the United
States or some other court.
"In all cases of assignment of causes of action under this section,
whether the assignment be heretofore, or hereafter made, where it
shall appear to the director to be to the best interests of the beneficiary so to do, the director, acting for and in the name of the United
States, may assign the cause of action back to the beneficiary or
to his personal representatives."
Section 22.—A new section is hereby added to Article I I I of the
War Eisk Insurance Act to be known as section 315, and to read
as follows :
" Section 315.—That no person admitted into the military or naval
forces of the United States after six months from the passage of this
amendatory Act shall be entitled to the compensation or any other
benefits or privileges provided under the provisions of Article I I I
of the War Eisk Insurance Act, as amended. "
Section 23.—Section 402 of the War Eisk Insurance Act is
hereby amended by adding thereto a subsection to be known as
• subsection (a) and. to read as follows :
" (a) Where a beneficiary at thé time of designation by the
insured is within the permitted class of beneficiaries and is the

— 82 —
designated beneficiary at the time of the maturity of the insurance
because of the death of the insured, such beneficiary shall be deemed
to be within the permitted class even though the status of such
beneficiary shall have been changed. "
Section 24.— Section 404 of the War Eisk Insurance Act is hereby
amended to read as follows :
" Section 404.—During the period of the war and thereafter until
converted the insurance shall be term insurance for successive terms.
of one year each. Not later than five years after the date of the
termination of the war as declared by proclamation of the President
of the United States the term insurance shall be converted, without
medical examination, into such form or forms of insurance as may
be prescribed by regulations and as the insured may request.
Eegulations shaU provide for the right to convert into ordinary
life, twenty-payment life, endowment maturing at age sixty-two,
and into other usual forms of insurance, and shall prescribe the time
and method of payment of the premiums thereon, but payments.
of premiums in advance shall not be required for periods of more
than one month each and may be deducted from the pay or deposit.
of the insured or be otherwise made at his election.
" In case where an insured whose yearly renewable term
insurance has matured by reason of total permanent disability
is found and declared to be no longer permanently and totally
disabled, and where the insured is required under regulations to.
renew payment of premiums on said term insurance, and where
this contingency is extended beyond the five-year period during
which said yearly renewable term insurance otherwise must b e
converted, there shall be given such insured an additional period
of two years from the date on which he is required to renew payment
of premiums in which to convert said term insurance as hereinbefore
provided. "
.
Section 25.—A new section is hereby added to Article IV of the
War Eisk Insurance Act to be known as section 406, and to read as.
follows :
"Section 406.—Whenever benefits under United States Government life insurance (converted insurance) become or have become
payable because of total permanent disability of the insured or
because of the death of the insured as a result of disease or injury
traceable to the extra hazard of the military or naval service as.
such hazard may be determined by the director, the liability shall
be borne by the United States, and the director is hereby authorised
and directed to transfer from the military and naval insurance
appropriation to the United States Government life insurance fund
a sum which, together with the reserve of the policy at the time of
maturity by total permanent disability or death, will equal the then
value of such benefits. When a person receiving total permanentdisability benefits under a United States Government life policy
(converted policy) recovers from such disability and is then entitled
to continue a reduced amount of insurance, the director is hereby
authorised and directed to transfer to the military and naval
insurance appropriation all of the loss reserve to the credit of such
policy claim except a sum sufficient to set up the then required
reserve on the reduced amount of insurance that may be continued,
which sum shall be retained in the United States Government lif&
insurance fund for the purpose of such reserve. "

— 83 —
Section 26. — A new section is hereby added to Article IV of t h e
War Eisk Insurance Act (including therein section 14 of the Act
entitled " An Act to amend and modify the War Eisk InsuranceAct ", approved December 24, 1919), to be known as section 407,.
and to read as follows :
"Section 407.—If no person within the permitted class of beneficiaries survive the insured, then there shall be paid to the estate of theinsured the monthly instalments payable and applicable under
the provisions of Article IV of the War Eisk Insurance Act :•
Provided, That in cases where the estate of the insured would escheat
under the laws of the place of his residence the insurance shall not be
paid to the estate of the insured, but shall escheat to the United
States and shall be credited to the United States Government lifeinsurance fund or the military and naval insurance appropriation,
as may be proper. This section shall be deemed to be in effect as of
October 6, 1917. "
Section 27. — A new section is hereby added to Article IV of theWar Eisk Insurance Act, to be known as section 408, and to read
as follows :
" Section 408. — In the event that all provisions of the rules and
regulations other than the requirements as to the physical condition
of the applicant for insurance have been complied with, an application
for reinstatement of lapsed or cancelled yearly renewable term
insurance or application for United States Government life insurance,.
(converted insurance) hereafter made may be approved : Provided,
That the applicant's disability is the result of an injury or disease
or of an aggravation thereof suffered or contracted in the active
military or naval service during the World War : Provided further,
That the applicant during his lifetime submits proof satisfactory
to the director showing the service origin of the disability or
aggravation thereof and that the applicant is not totally and
permanently disabled. As a condition, however, to the acceptance
of an application for the reinstatement of lapsed or cancelled yearly
renewable term insurance or United States Government life insurance- '
(converted insurance) the applicant shall be required to pay all the
back monthly premiums which would have become payable if such
insurance had not lapsed, together with interest at the rate of 5 per
centum per annum compounded annually on each premium from
the date said premium is due by the terms of the policy : Provided
further, That where any soldier has heretofore allowed his insurance
to lapse, while suffering from wounds or disease suffered or contracted
in line of service, and was at the time he allowed his said policy
to lapse entitled to compensation on account thereof in a sum
equal to or in excess of the amount due from him in premiums on
his said insurance, and has since died from said wounds or disease
without collecting or making claim for said compensation, or being
allowed to reinstate his said policy on account of his physical
condition, then and in that event said policy shall not be considered
as lapsed, and the Veterans' Bureau is hereby authorised and
directed to pay to the beneficiaries of said soldier under said policy
the amount of said insurance less the premiums and interest thereon
at 5 per centum per annum compounded annually in instalments.
as provided by law. "

— 84 —
Section 28. — A new section is hereby added to Article IV of the
War Eisk Insurance Act to be known as section 409, and to read
as follows :
"Section 409. — The Veterans' Bureau is authorised to make
provision in accordance with regulations, whereby the payment of
premiums on yearly renewable term insurance and United States
Government life insurance (converted insurance) on the due date
thereof may be waived and the insurance may be deemed not to
lapse in the cases of the following persons, to wit :
" (a) Those who are confined in a hospital under said bureau for
a compensable disability during the period while they are so confined ;
(&) those who are rated as temporarily totally disabled by reason
of an injury or disease entitling them to compensation during the
period of such total disability and while they are so rated : Provided,
That such relief from payment of premiums on renewable term
insurance on the due date thereof shall be for full calendar months,
beginning with the month in which said confinement to hospital
or temporary total disability rating begins, and ending with that
month during the half or major fraction of which the person is
confined in hospital, or is rated as temporarily totally disabled :
Provided further, That all premiums, the payment of which when
due is waived as above provided, shall bear interest at the rate of
5 per centum per annum compounded annually from the due date
of each premium, and if not paid by the insured shall be deducted
from the insurance when the same matures either because of permanent total disability or death."
Section 29. — A new section is hereby added to Article IV of the
War Eisk Insurance Act to be known as section 410, and to read as
follows :
"Section 410. — Under such rules and regulations as the Director
•of the Veterans' Bureau and the Postmaster General may prescribe,
the Postmaster General is hereby authorised to receive the premiums
on yearly renewable term insurance and United States Government
life insurance (converted insurance) and to act for and turn over
to the Treasurer of the United States the money so received, and
if the money order- system is used as an agency for the transmission
•of such money, the Postmaster General may adopt a speciallydesigned money-order form for such purpose, and he also is authorised
to receive and transmit to the.Veterans' Bureau .applications for
reinstatement of lapsfd insurance and applications for conversion
•of yearly renewable term insurance."
Section 30. — A new section is hereby added to Article IV of the
War Eisk Insurance Act to be known as section 411, and to read as
follows :
"Section 411. — Subject to the provisions of section 29 of the
War Eisk Insurance Act and amendments thereto policies of
insurance heretofore or hereafter issued in accordance with Article
VI of the War Eisk Insurance Act shall be incontestable after six
months from date of issuance, or reinstatement, except for fraud
•or non-payment of premiums." "
Approved, August 9, 1921.

APPENDIX
UNITED

IX

STATES

Statistics concerning pensions granted or refused
to War Disabled up to September 2, 1921
(Compiled from the Fifth Monthly Circular issued by the Veterans'
Bureau to its district offices on September 10, 1921.)
Total number of disability pensions granted, either permanently or temporarily, since the outbreak of war . 299,633
Number of disability pensions refused since the outbreak
of war
176,800
Number of pensions which are still being paid
158,772
APPENDIX
UNITED

X

STATES

Statistics concerning War Risk Term Insurance
Position on June 30, 1920
(Compiled from the Annual Beport of the Director of the Bureau
of War Bisk Insurance for the fiscal year ended June 30,1920 ; chapters
VI and VII.)
Total number of term insurance applications
4,631,993
Total number of term insurance certificates issued
4,610,185
Net receipts from premiums received since the
date on which the insurance was instituted
$298,756,007.66
Number of insurance claims filed by beneficiaries
139,222
Number of claims allowed
131,452
Total term insurance awards paid
$130,564,848.80
Difference between amount of premiums received
and claims paid
$168,191,160.86
APPENDIX XI
UNITED

STATES

Statistics concerning United States Government Life Insurance
Position on June 30, 1920
(Compiled from the Annual Beport of the Director of the Bureau of
War Bisk Insurance for the fiscal year ended June 30, 1920 ; chapters
VI and VII.)
Number of insurance applications filed '
163,210
Number of insurance certificates issued
152,979
Average amount per policy
$ 3,345.70
Total receipts from premiums paid since government life insurance was instituted
$ 10,292,842.50
Number of claims filed
220
Number of claims allowed
105
Amount of claims paid to beneficiaries
•
$ 47,868.32
Difference between amount of premiums received
and amount of awards paid to beneficiaries $ 10,244,974.18