I move:
"That the Bill be now read a Second Time."
Before I deal with any of the provisions in this Bill I think I should mention that it was almost entirely prepared when my predecessor was in office. I am glad, however, to have the opportunity to introduce the Bill, which I am confident will be welcomed by all sections of the House.
There are three main types of pensions under the Army Pensions Acts. Wound pensions are granted where the degree of disablement is not less than 20 per cent. Disease pensions are given where the disablement attributable to service is not less than 80 per cent and vary with the degree of disablement. Where the disablement is less than 80 per cent but not less than 50 per cent reduced pensions are payable at a final flat rate. The Acts also provide for pensions where the disablement is not caused by service but is aggravated by service.
The main object of the Bill is to provide for the review, within reasonable limitations, of final pensions granted under the Army Pensions Acts and to provide for the review of certain other types of cases arising under these Acts. At present the Acts lay down certain limiting periods in which application for review must be made. In many cases these periods have long since expired and this Bill will enable these cases to be reviewed at the request of the pensioner.
The Act of 1932 laid down a period of ten years after the grant of a final wound or disease pension in which application for review of the final grant should be made. Section 2 of this Bill provides that, where that period has expired, such final pension may be given a first review at any time at the request of the pensioner on production of medical evidence that the degree of disablement has increased by at least 10 per cent, and thereafter may be reviewed at intervals of not less than two years. In special circumstances the Minister for Defence may authorise earlier review. The section also provides for the reassessment of the degree of disablement by the Army Pensions Board and for the increase, reduction or suspension of the pension in accordance with the degree of disablement found on reassessment. If the degree of disablement due to disease is found to be less than 80 per cent but not less than 50 per cent, a final flat rate pension may be awarded.
Section 3 deals with the review of the final flat rate pensions to which I have referred. Under the Acts as they stand these pensions cannot be reviewed. Section 3 of the Bill enables them to be reviewed subject to much the same conditions as apply to final disease pensions. If, on reassessment, the degree of disablement is found to be not less than 80 per cent a disease pension may be awarded in lieu of the final flat rate pension. The section also provides for the suspension of the final flat rate pension if the degree of disablement is found on reassessment to be less than 50 per cent and for its restoration if on subsequent application for review, the degree of disablement is found to be less than 80 per cent but not less than 50 per cent.
Under the Acts at present there is no provision for the review of final pensions granted in respect of disease aggravated by service. Section 4 makes a somewhat similar provision for the review of these cases as is made in section 2 in relation to the final disease pensions.
Under the Acts a gratuity may be paid if the degree of disablement due to a wound attributable to service is less than the pensionable minimum of 20 per cent. Different periods in which the application for review must be made, are laid down. It is considered only fair that a person who was awarded a wound gratuity should be given an opportunity of having one final review of his case. Sections 5, 6 and 7 provide accordingly. They also provide for the grant of pensions if the degree of disablement is found, on reassessment, to be not less than the 20 per cent minimum for a wound pension.
Section 8 provides for the review of a case where the application was not successful because the degree of disablement due to disease attributable to service did not reach the pensionable minimum of 50 per cent. The conditions for review are the same as those in sections 2 and 3 and provision is made for the grant of a pension if the degree of disablement is found on reassessment to have reached the pensionable minimum. Section 9 is on exactly similar lines except that it deals with "aggravation" cases as distinct from "attributability" cases.
Sections 10 and 12 call for little comment. They are merely consequential amendments to certain provisions of the Acts which are necessitated by changes in Defence Force Regulations.
Prior to 1953 pensions under the Military Service Pensions Act, 1924, were not payable while an officer or soldier was still serving. In some instances the officer or soldier died in service and consequently their widows were not entitled to an allowance under the Army Pensions Act, 1971. Section 11 enables an allowance to be granted in these cases. However, the appropriate allowances have already been awarded in anticipation of the Bill and section 11 provides the statutory authority for the payments.
I trust that my remarks have helped to make the provisions of the Bill clearer to Deputies. I commend the Bill to the House.
