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Dáil Éireann debate -
Wednesday, 23 Nov 1949

Vol. 118 No. 9

Ceisteanna—Questions. Oral Answers. - Disability Pensions Claim.

asked the Minister for Defence if he will state the reasons for the refusal of a disability pension to Mr. Patrick O'Connor, of Ballybrowney, Rathcormac, County Cork.

The claim of Mr. Patrick O'Connor, Ballybrowney, Rathcormac, County Cork, for a special allowance was refused on the ground that he is not incapable of self-support by reason of permanent infirmity.

Would the Minister consider that an agricultural labourer who has only one leg is capable of earning his livelihood?

The question addressed to me did not ask what the Minister considers. It asked what was the result. The question of capacity to earn or otherwise is decided by the Army Medical Board independent of the Minister. The Minister has no jurisdiction, no authority, no right to interfere with the findings of that board. The board was appointed 14 years ago and I had not altered the board. It is an experienced board, a board that in my opinion is very just in its findings and no matter what my view of any particular case is I am bound by the findings of the board. In this case the result may not suit the Deputy or may not suit myself, but it is a final finding with which I cannot interfere.

Would the Minister suggest any means by which this case may be reopened?

All such cases—this is a special allowance case—can be reopened at the end of 12 months.

He can get home assistance in the meantime?

Can the Minister say to what the loss of the leg is attributed?

It was not in action, in service.

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