Written answers

Tuesday, 8 July 2014

Department of Defence

Defence Forces Personnel

Photo of Patrick O'DonovanPatrick O'Donovan (Limerick, Fine Gael)
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575. To ask the Minister for Defence if in the past a member of the Defence Forces from a foreign State has ever been transferred to the Irish Defence Forces. [29650/14]

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I am advised by the military authorities that transfer is an administrative process within the context of the Defence Forces. The Defence Forces does not have an administrative relationship with military forces from other countries wherein personnel can be transferred between it and other forces. No serving individual has or can transfer between the Defence Forces and other military forces. Defence Force Regulations states, that a person belonging to the Military, Naval, Air, Police or Reserve Forces of any other country or State is ineligible for enlistment to the Defence Forces. However, it is the case that former members of other national military forces may apply for entry to the Irish Defence Forces subject to the qualifying conditions applying at the time. I am advised by the military authorities that such individuals have frequently been enlisted or commissioned into the Defence Forces in the past. For example, former medical officers from other military forces have been commissioned into the Defence Forces.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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576. To ask the Minister for Defence the procedures that needs to be followed by the Army medical staff before a soldier is discharged from the Army; if it involves a medical board or a single doctor; and if the soldier has any recourse to an independent medical witness or assessor to advocate on their behalf. [29742/14]

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The military authorities advise that if a Medical Officer is of the opinion that a soldier fails to meet the medical contractual standards for further engagement or extension of service, the Medical Officer should refer the case to a Medical Board. A Medical Board consists of at least two Medical Officers. The board members must have had no previous clinical interaction with the individual over the condition for which the board was convened. At all times the individual may submit new reports, including reports from independent medical experts, to the original examining Medical Officer or to the Medical Board, who may decide on the basis of the evidence submitted to award a new Medical Classification Code that may permit further service.

If he or she so desires, the individual may appeal the Medical Board’s decision to the Director, Medical Branch (DMB) and submit further new reports from independent medical experts for consideration. The Director, Medical Branch shall consider all written representations made for the purpose of these proceedings by or on behalf of the individual who was reclassified by the Medical Board within 28 days of receipt of same together with the Medical Board report and the relevant medical documents which were put before the Medical Board. The DMB shall notify the Officer Commanding the individual immediately on making his decision. The Commanding Officer will inform the individual of the DMB's decision on his representations against the determination of the Medical Board.

Personnel taking discharge for reasons other than those outlined above are subject to a final Discharge Medical carried out by a Medical Officer.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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577. To ask the Minister for Defence if a soldier was originally passed fit for overseas duty and on return from such duty was found to be medically unwell and having been diagnosed with medical problems, the Army can then proceed to discharge the person; and if so, on what grounds. [29743/14]

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Members of the Defence Forces are required to meet certain medical and physical fitness standards in order to remain operationally fit for military service. The medical status of personnel is assessed before and after overseas service. Like all members of society their health status may change over time. The question of retirement or discharge of a member of the PDF on medical grounds is governed by Defence Forces Regulations.

The military authorities advise that if a Medical Officer is of the opinion that an individual's disability or illness is likely to be of a permanent or protracted nature preventing the performance of military duties the Medical Officer shall recommend that the individual be examined by a Medical Board with a view to determining his/her fitness for further service in the PDF. A Medical Board consists of at least two Medical Officers. The board members must have had no previous clinical interaction with the individual over the condition for which the board was convened. At all times the individual may submit new reports, including reports from independent medical experts, to the original examining Medical Officer or to the Medical Board, who may decide on the basis of the evidence submitted to award a new Medical Classification Code that may permit further service. Where the Medical Board upholds the opinion of the Medical Officer, the individual may appeal the Medical Board's decision to the Director Medical Branch and submit further new reports from independent medical experts for consideration. Where the Director Medical Branch confirms the decision of the Medical Board steps are initiated to have the person discharged or relinquish their commission. Where the Director Medical Branch does not accept the decision of the Medical Board the Director may award an appropriate medical classification to the individual which may lead to his/ her continuance in service.

There are many other grounds apart from medical reasons why a person might be discharged from the Permanent Defence Force.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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578. To ask the Minister for Defence in the case of a soldier being discharged from the the Army on medical grounds relating to their mental health, if they are then entitled to an Army medical pension; and if so, the entitlements for which they are eligible. [29744/14]

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The question of retirement or discharge of a member of the Permanent Defence Force (PDF) on medical grounds is governed by Defence Forces Regulations. As regards medical pensions, there are two separate pension codes applicable to Defence Forces personnel. Retirement pension terms for PDF personnel are governed by the Defence Forces Superannuation Schemes. These Schemes contain provisions for payment of immediate benefits in the case of retirement or discharge on medical grounds, regardless of whether the medical condition is service related. Entitlements vary as they are subject to minimum qualifying service and are based on various factors, which include: date of joining the Defence Forces, pensionable pay, retiring rank and period of pensionable service.

For example, an NCO or Private recruited prior to April 2004 must ordinarily have at least 21 years' service to qualify for immediate pension and lump sum. However where the person is discharged on medical grounds and has 12 or more years service but less than 21 years, they qualify for a retirement pension and lump sum based on a proportion of 21 year benefits. For those recruited since 1 April 2004 and before 1 January 2013, an immediate pension and gratuity is payable on medical discharge provided the person has five or more years of reckonable service. For those recruited on or after 1 January 2013, an immediate pension and gratuity is payable on medical discharge, once the person has a minimum of two years of reckonable service.

In addition to benefits under the Defence Forces Superannuation Schemes, the Army Pensions Acts provide for the grant of a pension or a gratuity to former members of the PDF in respect of permanent disablement due to a wound or injury attributable to military service (whether at home or abroad), or due to disease attributable to or aggravated by overseas service with the United Nations. The rate of disability pension or gratuity awarded depends on the degree of disablement attributable to military service, as assessed by the Army Pensions Board. The Board is the independent statutory body established under the Acts to investigate and adjudicate on applications under the Acts and to report to the Minister thereon.

It should be emphasised that retirement or discharge from the PDF on medical grounds does not give an automatic entitlement to a disability pension. Also, it should be noted that where eligible for both a disability pension and retirement pension, the Defence Forces Superannuation Schemes provide that the combination of both pensions is subject to an overall limit.

PDF personnel who wish to receive an estimate of their entitlements under the Defence Forces Superannuation Schemes, or who want information on disability benefits under the Army Pensions Acts and the procedures for applying for same, may contact the Pensions Administration Section of the Department of Defence. Information on retirement and disability pension terms is also available to military personnel on the Defences Forces intranet and from Barrack Personnel Support Services (PSS) at local level.

The Personnel Support Service (PSS) is a confidential information, education, support and referral service for Defence Forces personnel. There is a PSS office in every major installation in the Defence Forces. In addition, each Brigade/Formation has a civilian Defence Forces Social Worker whose tasks are to provide assistance and support to service personnel and their families where required.

Finally, former PDF personnel are covered for the full range of benefits under the Social Welfare Acts, including jobseekers benefit, illness benefit and invalidity pension. They are also covered for hospital and medical services under the Health Acts on the same basis as other members of the community.

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