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Dáil Éireann debate -
Wednesday, 4 Mar 1942

Vol. 85 No. 15

Ceisteanna—Questions. Oral Answers. - Military Service Pensions.

asked the Minister for Defence if he will state the names of the several persons in County Wexford to whom military service pensions, including disability pensions, have been awarded under the Military Service Pensions Acts, and the amount of pension or other award in each case.

Lists of persons at present resident in County Wexford to whom awards have been made under the Military Service Pensions Acts, 1924 to 1934, and the Army Pensions Acts, 1923-1941, showing the amount of the award in each case, are being prepared and will be forwarded to the Deputy in the course of a few days.

asked the Minister for Defence if he will state whether he received an application from Mrs. S. Mellows, 87 Ceannt Fort, Mount Brown, Dublin, in respect of the death of her son, Liam Mellows; whether the application has been considered; whether a decision has been arrived at; and, if so, what pension has been granted to Mrs. Mellows.

An application under the Army Pensions Acts from Mrs. Sarah Mellows, 87 Ceannt Fort, Mount Brown, Dublin, in respect of the death of her son, Liam, has been considered by me, and a gratuity of £112 10s. has been awarded to her. As a result of the recent death of her son, I am having Mrs. Mellow's application under Part VII of the Act of 1937 reconsidered with a view to the issue to her of a special dependent's allowance.

Arising out of the Minister's reply, I think I am right in saying that the maximum pension which may be granted under Part VII of the Act of 1937 is £39 a year, or 15/- a week, and that if Mrs. Mellows has any income at present the amount of it will be deducted from any pension she is entitled to receive under that part of the Act. Will the Minister consider sympathetically the question of endeavouring to exempt from the means test the small source of income which Mrs. Mellows has to depend upon for her sustenance in present circumstances?

I am afraid that, under the law as it stands, I cannot make a promise of that kind, but it may be possible to give this case consideration of another kind.

Does the Minister not appreciate the fact that the terms of the Army Pensions Act of 1937 will have to be completely changed in accordance with the new outlook on personal injuries compensation in respect of persons hurt by bombing or damage, and of persons in the local defence services.

Mr. Byrne

When the Minister is dealing with this claim, will he also consider the case of Tom Caffrey, an old I.R.A. man, who, when he got a military service pension of 9/- a week, had his old age pension of 10/- withdrawn from him?

That is a separate question.

May I have an assurance from the Minister that an application from Mrs. Mellows for such compensation as may be due to her under Part VII of the 1937 Act will be dealt with expeditiously in view of her present circumstances and her age?

asked the Minister for Defence if he is aware (a) that there is widespread dissatisfaction at the decisions given by the Referee in the claims of Volunteers of the West Cork Brigade under the Military Service Pensions Act, 1934; (b) that many of the decisions are considered inequitable and unjust by the most prominent Volunteer officers who led the fight; (c) that the greatest dissatisfaction is felt owing to the fact that the leading officers of that brigade area are not testifying or verifying officers on the men's claims, further, if the Minister will take immediate steps to instruct the Referee to convene at once a meeting of all recognised active service officers of the West Cork Brigade so that a really representative committee of the active service Volunteers may appoint verifying and testifying officers and thus ensure fair and equitable treatment for all applicants.

I am not aware of the widespread dissatisfaction referred to by the Deputy in the case of the West Cork Brigade. The verifying officers willing to act were nominated by the brigade committee, who in turn were nominated by the principal ex-officers of the brigade area. I do not propose, therefore, to instruct the Referee to convene a meeting for the purpose suggested by the Deputy.

asked the Minister for Defence to state whether any claim for a military service pension on which the Referee's final decision had been given under any of the Military Service Pension Acts, has been reopened on fresh evidence becoming available; and, if so, the number of such cases reopened.

The number of applications under the Military Service Pensions Act, 1934, which have been reopened on appeal as a result of additional evidence becoming available is 422.

asked the Minister for Defence if he will state whether he has received an application for payment of a pension in respect of the late Private Peter Conlan, E/430452, who was killed in a mine explosion at Cullenstown, County Wexford, and whether, having regard to the extent of his mother's dependency on her late son, it is proposed to pay a pension to his mother at an early date.

A claim for compensation in respect of the death of her son has been received from Mrs. B. Conlan, of Edward Street, Newbridge, County Kildare. There is no provision in the Army Pensions Acts or the Defence Forces (Pensions) Scheme under which this claim can be considered, and while it would appear that Mrs. Conlan was not dependent on the deceased, I am prepared, on general compassionate grounds and in consideration of any expense to which she was put as a result of the fatality, to make a small ex gratia payment to her.

Will the Minister, before making up his mind in respect to a grant in this case, bear in mind the fact that this boy contributed £2 a week to his mother? That was a very substantial degree of dependency in present circumstances.

Yes, I am aware of that, but I am also aware that she was not dependent on him.

The Minister is not correctly informed.

Could not this case come in under the heading of emergency damage by bombing?

I do not think so.

I think, if the Minister were to stretch a point, that might be done, and that it would be a much better way of dealing with this than the way he has indicated.

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