asked the Minister for Defence whether he is aware that Mr. Patrick Kearns, Ballinamult, County Waterford, a holder of an I.R.A. service medal, who has been certified as totally incapable of work for the past 18 months, has been refused a disability pension and if he will state the grounds on which the decision to refuse the application for a pension was based.
Ceisteanna—Questions. Oral Answers. - Refusal of Pension.
Applications form Mr. Patrick Kearns, Curradoon, Ballinamult, County Waterford, for a special allowance under the Army Pensions Acts were rejected on two occasions— once in November, 1949, and again in July, 1951.
The applicant was medically examined on both occasions by the Army Pensions Board who found that he was not incapable of self-support by reason of permanent infirmity.
As it is a statutory condition for the award of an allowance that an applicant be incapable of self-support by reason of permanent infirmity, no award could be made to Mr. Kearns.
Is the Minister aware that this man is in receipt of disablement benefit from the national health insurance for the last 18 months? Is he aware that he has been examined by the medical referee and is in receipt of a regular weekly certificate for the past 18 months? He has been examined on eight or nine occasions and found totally unfit for work. Is that not a strange position?
In the course of the reply which I have just read I stated that the applicant was medically examined on both occasions by the Army Pensions Board who found that he was not incapable of self-support by reason of permanent infirmity. Two-thirds of the personnel of that board is composed of medical men and I am pretty sure the Deputy does not want me to become a disputant with the board on a purely technical medical matter.
I agree, but is not the position unique in so far as this man has medical certificates which cannot be challenged? Yet, when he comes before another set of doctors they say that he is fit to work. I cannot understand that.
Is the Minister aware that previously the same board decided that a man with one leg——
That does not arise.
——could qualify as an agricultural labourer and was not entitled to a pension?
That does not arise on this question.
It is a fact.