Pearse Doherty (Donegal South West, Sinn Fein)
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313. To ask the Minister for Defence why a person (details supplied) in County Cavan was not informed regarding the application process for a disability pension, specifically the timeframe involved; and if an exception will be made to this case. [39179/15]

Simon Coveney (Cork South Central, Fine Gael)
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The Army Pensions Acts (1923-1980) govern the award of disability pensions and set down time limits for making an application.  An application in respect of disablement due to wound or injury must be made within one year from the date of retirement; an application in respect of disablement due to disease must be made within eight years from the date of retirement.  The person in question was discharged from the Permanent Defence Force (PDF) on 22 October 2011 and made an application for a disability pension in July 2013.  This was examined by the Army Pensions Board, an independent statutory body established to investigate applications for pensions, allowances and gratuities under the Acts, and the Board classified the disablements applied for as injuries. An application for a disablement in respect of an injury must be made within one year from the date of retirement therefore the application was outside the statutory time limit.

The time limits for making an application are strictly governed by statute and I have no discretion to waive them. 

The person in question attended a pre-retirement course in Custume Barracks, Athlone on 14 April 2010.  Pre-retirement courses are arranged on a regular basis by the military authorities for personnel leaving the PDF and it is standard procedure at these courses to provide information regarding disability pensions and the application process for same.  In particular the time limits within which an application must be made are outlined in detail to all attendees.  It is also established practice to provide all Defence Forces personnel on their discharge or retirement with information setting out their possible entitlement under the Army Pensions Acts, and also the statutory time limits for submission of completed applications.  Information regarding disability pensions and the time limits for submission of such applications is also available to all Defence Forces personnel through the Defence Forces Intranet and through their representative associations, RACO and PDFORRA.