34Invalidity arising during absence without leave exceeding 21 days

34 Invalidity arising during absence without leave exceeding 21 days

(1) Where: (a) a member is, or is about to be, retired on the ground of invalidity; and (b) CSC or the Committee is satisfied that the invalidity was caused, or was substantially contributed to, by an occurrence that happened at a time when he or she was absent without leave and had been so absent for a period exceeding 21 consecutive days; and (c) the salary of the member in respect of the period was forfeited under regulations made under the Defence Act 1903, and an amount equal to the amount of the salary so forfeited was not subsequently paid, and is not payable, under those regulations to him or her; he or she is not entitled to invalidity benefits under this Division. (2) This rule does not apply in a case where CSC or the Committee is satisfied that the absence of the member was due to sufficiently mitigating circumstances.