asked the Minister for Defence whether he is aware that stoppages of £4 per month have been made from the special allowance payable under the Army Pensions Acts to D.P. 22118 to recover a debt due to the Land Commission, and, if so, if he will state the statutory authority under which these stoppages have been made, and if he will take steps to have the full allowance restored to the man concerned.
Ceisteanna—Questions. Oral Answers. - Deduction from Army Pension.
I am aware of the stoppages in question. The statutory authority for the stoppage of moneys due or owing to a State authority is contained in the Army Pensions Acts, 1923 to 1953. The specific provision is in Section 13 of the Army Pensions Act, 1949 (No. 19 of 1949), which replaced sub-section (10) (3) of the Act of 1923 as amended by Section 21 of the Act of 1932. Payment of the special allowance at the full rate will be resumed as soon as the amount due to the Land Commission has been recovered.
Is the Minister aware that, in the case of these special allowances, it was the intention of the Oireachtas to give these allowances without any deductions? He must be aware that the allowance is payable to enable Old I.R.A. men to exist above the starvation level. A man must qualify in respect of means and of being totally incapable of earning his living, and, in view of the terms under which a man can obtain the special allowance, will the Minister see to it that the stoppages in this case are returned to the individual?
The Minister is bound by statute. I can pay it or the Deputy can pay it, but the statute lays it down that the stoppage must be made. If the Deputy feels that the Act should be amended in some respect, he should seek to have that amendment made when the opportunity arises.
I will put it to the Minister in another way: In view of the fact that the debt in this case was incurred before the special allowance was granted, could the statutory provision in the previous Acts which enables the Department to make the stoppages be held to be effective at all? Would it hold in law?
That is a step that is open to the applicant.
I am not blaming the Minister for making the stoppages and I want to make that clear.
The statute is there all the time and there is nothing I can do about it now. The Deputy knows well that I am bound to observe the statute.
Even though the debt was incurred before the special allowance was granted?
It does not matter when the debt was incurred.