asked the Minister for Defence whether he is aware that deductions from military service pensions have been made in cases where over-issues of dependants' allowance to the dependants of the pensioners occurred during the latter's service in the National Army; whether such recoveries are authorised by the Military Service Pensions Act, 1924, and, if not, whether refunds will be made in such cases.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - DEDUCTIONS FROM MILITARY SERVICE PENSIONS.
Over-issues of dependants' allowance were repayable by the officer or soldier whose dependants received the monies. Where necessary, sub-section 3 of Section 5 of the Military Service Pensions Act, 1924, enables repayment to be secured by deductions from pensions. I regret that it will not be practicable to make refunds in the cases referred to by the Deputy.
From whom? The Minister does not say from whom they have power to claim refunds. I wish that the Minister would clearly understand the position. Where the mother of a soldier was overpaid separation allowance and the young man afterwards got married, the Minister's Department, without any authority whatsoever, deducted from the wife's allowance what the soldier's mother had previously drawn. If he looks up the Act he will see there is no power.
It is a very involved supplementary question. Sub-section (3), Section 6, of the Military Service Pension Act reads:—"Every Military Service pension shall be based upon the rank of the applicant at the time of his discharge from the National Forces or from the Defence Forces of Saorstát Eireann or the rank held by him on the 1st day of February, 1924, whichever of those ranks shall be the higher and shall be calculated in each case according to the rules set out in the Second Schedule of this Act."
Mr. BYRNE
Your answer makes the thing clearer. You really have no power.
The matter now being clear, we will take the next question.
Mr. BYRNE
It is made clear that the Minister's Department is entirely wrong.
The Deputy must ask questions.
Mr. BYRNE
I always ask questions; I do not make speeches like some Deputies.