Mick Wallace (Wexford, Independent)
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811. To ask the Minister for Defence the circumstances in which deductions are made from the gratuity or pension of former serving soldiers in relation to outstanding payments for rent or ESB on Defence Forces dwellings; and the legislative basis for same, particularly where the person no longer resides in the dwelling. [12971/14]

Alan Shatter (Dublin South, Fine Gael)
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Under Defence Forces Regulations made in accordance with Defence Acts 1954 - 2011, married quarters were allocated to serving members of the Defence Forces in circumstances where it was considered to be in the best interests of the service. They are allowed to occupy the quarters with their spouses and children. Where a serving member is in authorised occupation of such quarters, the Regulations provide for deductions to be made from pay in respect of the accommodation provided. On retirement or discharge from the Defence Forces a serving member ceases to be eligible to occupy quarters and is required to vacate the property within twenty one days. Those that remain in unauthorised occupation, described as overholding, are liable in accordance with Defence Forces Regulations to charges by way of compensation for the use of the quarters. In addition, they are liable to charges for electricity supplied to the quarters that they continue to overhold.

Occupation of quarters by the spouse and children of a former member of the Defence Forces to whom the quarters were allocated is considered to be occupation by the former member themselves. On that basis the Department makes deductions from the pension of the former member who has vacated the quarters where their spouse and children continue to remain in occupation.

The Regulations provide that such charges that become payable in respect of overholding be recovered by way of public debt from monies due to the former member of the Defence Forces or the estate of a deceased member as the case may be. Further, the Defence Forces (Pension) Scheme 1937 allows for deductions, from pension or gratuity, of monies owing to the Minister for Defence.