Tairgim: "Go léifear an Bille an Dara Uair anois."
Is É príomh cuspóir an Bhille, liúntais a chur ar fáil do bhaintreacha daoine, a raibh liúntais speisialta ar fáil acu, faoi mar a fograíodh sa cháinfhaisnéis i mí Feabhra seo caite agus chun feabhas a chur ar liúntais do bhaintreacha agus leanaí oifigigh agus saighdiúirí a fuair bás i mbun a ndualgas nó a chailltear, laistigh de cheithre bhliana, de bharr chréachta a bhfuaireadar le linn a seirbhís.
Cúis mhórshásaimh dom an Bille seo a chur os comhair an Tí os rud é go rachaidh sé chun sochair do bhaintreacha daoine a raibh liúntas speisialta acu agus cuirfidh ábhar an Bhille cúnamh breise ar fáil do bhaintreacha shaighdiúirí. Táim cinnte go nglacfaidh Teachtaí go fábharach leis. Tá foráil freisin sa Bhille chun iarrataistí a ghlacadh a dhiúltaíodh roimhe sin toisc iad a bheith déanach.
Tugann an Bille seo cúnamh breise do bhaintreacha na Sean-Óglaigh a ghlac páirt i gCogadh na Saoirse. Don chéad uair riamh, tá liúntais á dtabhairt do bhaintreacha na ndaoine a raibh liúntais speisialta á n-íoc dóibh.
Go dtí seo cuireadh deireadh le liúntas speisialta ar bhás an íocaí agus níl aon fhóráil sna hAchtanna chun liúntas a íoc leis an mbaintreach. Cuireadh liúntas do bhaintreacha pinsinéirí seirbhíse míleata ar fáil san Acht Arm Phinsean 1971 agus molann an Bille seo liúntas de £185 sa bhliain a íoc le baintreacha daoine a raibh liúntas speisialta acu.
Maidir leis na liúntais bhreise do bhaintreacha agus leanaí oifigeach agus saighdiúrí a chailltear de bharr chréachta, tá na rátaí nua i bhfad níos buntáistí ná an socrú atá ann faoi láthair. Faoí na forálacha nua gheobhaidh baintreach a bhfuil triúr chlainne aici 90 faoin gcéad de phá a céile i dteannta na haiscí atá ann faoi láthair. Is é mo thuairim gur cheart agus gur chóir, go ndéanfaí gach ní is féidir chun soláthar a dhéanamh do bhaintreacha agus leanaí na bhfear a chailltear i mbun a ndualgas agus táim cinnte go n-aontóidh an Teach liom san dearcadh seo. Bainfidh an fhoráil nua le hoifigigh agus saighdiúirí a gointear sa bhaile nó i gcéin.
The purpose of the Bill is to provide for the widows of special allowance holders as announced in the 1980 budget statement and to improve the allowances payable to the widows and children of military personnel who are killed in the course of their duty or who die from a wound attributable to service within four years of being wounded. It also contains a regulation-making provision and proposes an extension of the time limit in certain circumstances for accepting applications for disablement pensions and allowances.
Section 2 provides for the payment of a flat-rate allowance of £185 a year effective from 1 July 1980 to the widow of a person who dies while in receipt of a special allowance. It also comprehends the widows of persons whose application for a special allowance was being processed or whose special allowance was being reviewed and who, but for dying, would have satisfied the statutory conditions for the grant or further grant of a special allowance. There are also a number whose special allowance was terminated in the past because their means exceeded the appropriate annual sum prescribed in the Army Pensions Acts. To bring the widows of such former special allowance holders within the ambit of the section, I propose to grant the allowance of £185 a year to them if their means do not equal or exceed the current appropriate annual sum prescribed for the grant of a special allowance.
When a special allowance holder dies and probate or letters of administration show that there has been non-disclosure of means on the part of the deceased, an overpayment of special allowance may have arisen. Section 3 of the Bill provides for recovery. Nowadays any overpayment that comes to light can usually be met from other moneys which are payable by the Department. Nevertheless as the new allowance may be said to flow from the special allowance, it is necessary to make provision as in section 3.
A person in receipt of a special allowance could also be in receipt of a military service pension under the Military Service Pensions Acts or a disability pension under the Army Pensions Acts. Provision already exists in the Army Pensions Acts, 1923 to 1973, for the payment of an allowance to the widow of a military service pensioner or, subject to certain conditions, to the widow of a person who died while in receipt of a disability pension. The current amount of any allowance in either of these cases is greater than the flat-rate allowance being provided for in this Bill. Where the higher allowances are payable, section 4 of the Bill provides that the new allowance will not apply.
In accordance with the terms of section 13 of the Social Welfare (Miscellaneous Provisions) Act, 1968, the new allowance will be disregarded as means for the purposes of the Social Welfare Acts. Accordingly the new allowance will be paid in addition to any pension or allowance payable under those Acts.
I might mention that as a corollary to the introduction of the new allowance, I am arranging that, effective from 1 July 1980, the minimum rate of special allowance will be £185 a year. This increase is not provided for in this Bill as it is not necessary to do so; the required statutory provision can be made by way of regulations which will be laid before the House.
Section 5 of the Bill provides that if an officer or a soldier is killed in the course of his duty or in circumstances attributable to his service, or dies from a wound attributable to service and within four years of receiving the wound, his widow and childern will be eligible for the following benefits: Widow—50 per cent of the deceased's annual pay; Each eligible child—If the mother is alive, 13? per cent of the deceased's annual pay; If the mother is dead, 26? per cent of the deceased's annual pay subject to a maximum of 40 per cent on behalf of the childern.
Under this provision if an officer or a soldier dies in the circumstances mentioned, leaving a widow and three children, the allowances payable would amount to 90 per cent of his annual pay. To complete the picture I should say that provision already exists for the payment of certain gratuities over and above the allowances being provided for in this section. The section also applies to the new allowances certain general sections of earlier Army Pensions Acts and makes the effective date 1 March 1975.
Perhaps I should explain that the section relates to personnel killed or wounded whether at home or abroad. It is I think a very valuable and worthwhile provision, and while the loss of a husband and father is an irreparable one we should try as far as possible to ensure that the widow and children are provided for. Any widow whose husband died in the circumstances specified in the section will get the benefit of the new allowances irrespective of the date of death of the husband. Therefore, a widow to whom the section applies, whose husband was killed at any time before 1975, will be given the benefit of the enhanced benefits from 1 March 1975. She will already have been in receipt of allowances under the provisions of the Army Pensions Act, 1927, as modified over the years, and the increased allowances now proposed will be applied to her automatically as the Department will already be in posession of the relevant particulars.
As regards section 6 the position is that a number of cases have arisen where persons who applied for benefits under the Army Pensions Acts in the past were refused because their applications were not made within the statutory time limit required by the Acts. I propose to give all such persons an opportunity of renewing their applications within a period of twelve months after the enactment of the Bill, and section 6 provides accordingly. If Deputies are aware of any such cases I should be glad to hear from them. The new provision will be publicised by my Department and every effort will be made to identify all relevant cases. I should perhaps mention that the section does not apply to the review of existing awards which is provided for in the Army Pensions Act, 1973, or to cases which failed other than on the ground that the applicant was late in applying.
Section 7 is a regulation-making provision. Provision already exists in the Army Pensions Acts—in section 7 of the 1968 Act—for the making of regulations under the Acts, but that provision is confined to increases where such increases form part of general increases in the public service. This section is designed to give greater flexibility by permitting other modifications. At present even a routine amendment, for example to extend a time limit, requires an amending Bill. This procedure, which takes up the time of the House, has been commented on by Deputies in the past, and may entail lengthy delays for people who are awaiting benefits. The House will still be able to keep a watch on matters through the operation of the provision requiring regulations to be laid before it with power to annul them.
When a disablement pensioner, whose degree of disability is fifty per cent or more, dies, his widow and children are automatically entitled to allowances under section 3 of the Army Pensions Act, 1968 irrespective of the cause of death. Under subsection (4) of that section applications for such allowances must be made within 12 months after the date of death of the deceased. As the award of allowances in such cases is automatic and does not require any investigation as to the attributability of death to military service, I am satisfied no useful purpose is served by retaining a time limit for applications in these cases. Section 7 of the Bill repeals this time limit with effect from the passing of the 1968 Act, on 11 June 1968. I trust my remarks, coupled with the explanatory memorandum have made the provisions of the Bill clear to Deputies. I recommend the Bill for the favourable consideration of the House.
