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Dáil Éireann debate -
Wednesday, 5 Nov 2003

Vol. 573 No. 4

Written Answers. - Pension Provisions.

Joe Sherlock

Question:

299 Mr. Sherlock asked the Minister for Social and Family Affairs if her attention has been drawn to the difficulties created for officers of the Defence Forces who served during the period of the Emergency between 1939 and 1946, who are now denied the reduced pension payable to other ranks, apparently as a result of an anomaly in the Widows and Orphans Act 1938, which regards only other ranks as insured persons; if, in view of the small number of such surviving officers and the hardship caused, she will consider dealing with the problem; and if she will make a statement on the matter. [25669/03]

I understand from additional material supplied by the Deputy that the case to which he refers concerns a former Army officer who has applied for a living alone allowance from my Department on the grounds that his spouse is in a nursing home and he is living alone. His application was refused on the grounds that he is not in receipt of a pension from my Department.

The living alone allowance, which amounts to €7.70 per week, is payable to people who are in receipt of certain social welfare-type payments and who reside alone. It is not a payment in its own right but an allowance which can only be paid as a supplement to an Irish social welfare payment such as old age contributory pension. It cannot be paid to people without a social welfare entitlement or to those whose pension payments are made under the social security regimes of the UK or other countries.

Commissioned Army officers recruited prior to 6 April 1995 are insurable under contribution class C. Contributions made under this class can contribute toward an entitlement to widow's or widower's contributory pension, orphan's contributory allowance, bereavement grant and carer's benefit. NCOs and enlisted personnel of the Defence Forces are insurable at class H, which includes entitlement to an old age contributory pension. The Army officers concerned are not entitled to the old age contributory pension on the basis of their class C contributions and cannot therefore qualify for a living alone allowance.

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