asked the Minister for Defence if he will state whether there is any provision made for the payment of gratuities or pensions to the widows and children of members of the Defence Forces who died while serving in the Forces, and, if so, if he will state the general nature of that provision and the particular statutory or other authority under which it is made.
Ceisteanna—Questions. Oral Answers. - Payments to Soldiers' Dependents.
The answer to the first part of the Deputy's question is in the affirmative.
Provision is made for the grant of pensions and allowances to the widows and children of deceased members of the Forces as follows:—
1. Under Section 15 of the Act of 1927, allowances are provided for the widow and children of a deceased officer or soldier who died from the effects of a wound or injury received in the course of duty.
2. Allowances are also provided under Section 14 of the Act of 1927 as amended by Section 5 of the Army Pensions Act, 1943, for the widow and children of a deceased officer or soldier who died from disease attributable to service in the Forces during the emergency period. The rates of allowances are contained in the Seventh Schedule to the Act of 1927.
3. Where no allowances are payable under the Army Pensions Acts, pensions are provided for the widow and children of a deceased officer under the terms of Article 20 of the Defence Forces (Pensions) Scheme, 1937 (Statutory Rules and Orders, 1937, No. 249), at the rates shown in the table to that Article, provided the officer's service was 12 years or more.
4. Where the deceased officer's service was less than 12 years, gratuities are payable to the widow and children under Article 21 of the scheme.
5. A gratuity is payable to the widow and children of a deceased soldier under the terms of Article 14 of the Defence Forces (Pensions) (Amendment) Scheme, 1940 (Statutory Rules and Orders, 1940, No. 299).
Who defines "in the course of duty" in relation to the provision of gratuities where the deceased soldier suffered the injuries which caused his death?
I presume it is the board, with all the evidence before them—the board by which the case is examined.
Is there a right of appeal?
Yes.