Tuesday, 25 June 2013

Questions (489)

Michael McGrath

Question:

489. Deputy Michael McGrath asked the Minister for Defence further to Parliamentary Question No. 214 of 22 May 2013, if the relevant legislation provides for any ministerial discretion to consider applications for an active military service certificate beyond the statutory date in the case, for example, when exceptional medical circumstances applied; if he will cite the relevant legislative reference for the provision or non provision of any ministerial discretion in this matter; and if he will make a statement on the matter. [30134/13]

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Written answers (Question to Defence)

Section 11 of Military Service Pensions (Amendment) Act, 1949 provided for the re-investigation of certain applications made under the Military Service Pensions Act, 1934, where a petition was received not later than eighteen months from the date of the passing of the (1949) Act. Section 6 of the Military Service Pensions (Amendment) Act, 1953 extended the deadline for receipt of petitions to six months after the passing of that Act. This extension fixed 18 September 1953 as the latest date for appeals by way of petition under the 1949 Act. Section 6 of the 1953 Act does not make provision for Ministerial discretion in relation to petitions received after this date. As I have previously stated on 22 May 2013 in reply to Parliamentary Question number 214, it will not be possible to further consider the issue of a service certificate in this case.