asked the Minister for Defence if he will state (a) the number of sworn statements received up to and including 31st December, 1945, from applicants under the Military Service Pensions Act, 1934; and (b) the number of such sworn statements which he has not submitted to the Referee and Advisory Committee set up under the Act for consideration.
Ceisteanna—Questions. Oral Answers. - Military Service Pensions Act, 1934.
It is not possible to state the number of sworn statements received up to and including 31st December, 1945, from applicants under the Military Service Pensions Act, 1934, but it may be stated that all such statements are carefully and sympathetically considered to ascertain whether or not they contain additional evidence, not previously available, of a nature which would justify a request from me, under either Section 8 or 13 of the Act, to the Referee to review his report.
Up to and including 31st January, 1946, the Referee has been requested to review his reports in 985 cases.
asked the Minister for Defence if he will state the circumstances in which the terms of reference of the Referee and Advisory Committee, set up under the Military Service Pensions Act, 1934, were altered by the introduction into the administration of the Act of the term "continuous active service"; and, further, if he will state whether he is aware that the application of this term operates to prevent 45,416 applicants from establishing their rights to pensions.
The Terms of Reference of the Referee and Advisory Committee set up under the Military Service Pensions Act, 1934, have not been altered in the manner suggested by the Deputy. Continuous Active Service in one of the qualifying periods (other than Easter Week, 1916) has always been a condition for qualification under the Act.
Section 2 of the Act sets out that service must be active service and Section 3 sets out that such active service must in regard to the qualifying periods (other than Easter Week, 1916) be continuous.
The number mentioned by the Deputy is approximately the number of applicants who failed to satisfy the Referee that they rendered such service.
asked the Minister for Defence if he will state the reasons why he refused to submit to the Referee and Advisory Committee set up under the Military Service Pensions Act, 1934, the sworn statement, subscribed to by a commissioner for oaths, put in, in August, 1944, by one Eugene McCurtain; and, further, if he is aware that this applicant was neyer before either the Referee or the Advisory Committee, and thus was not given an opportunity to state his case in support of his claim for a pension.
Where a report has been made by the Referee on an application under the Military Service Pensions Act, 1934, sub-section (5) of Section 8 of the Act gives me power to request the Referee to review his report in the light of additional evidence not available prior to the making of such report.
In making application to me for the exercise of this power applicants are required to embody certain particulars in a statement, including particulars as to the additional evidence available, and to subscribe to this statement before a peace commissioner or a commissioner for oaths. This sworn statement when received is examined, but if the evidence put forward is found not to be additional evidence I have no power to request the Referee to review his report.
The sworn statement referred to by the Deputy in the case of Eugene McCurtain was not referred to the Referee because it contained no evidence not available prior to the making of the Referee's report. Before furnishing his report in the case, the Referee informed Mr. McCurtain of his findings, and gave him the usual 21 days' notice within which to make any further representations or furnish any available additional evidence, but Mr. McCurtain did not reply to this notification from the Referee. If Mr. McCurtain had then intimated his desire to state his case orally before the Referee, the latter would have considered his request.
As Mr. McCurtain's application has not been before the Referee since October, 1939, the question of now affording him an opportunity to state his case does not arise.