Written answers

Tuesday, 20 June 2017

Department of Defence

Pension Provisions

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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2293. To ask the Taoiseach and Minister for Defence further to Parliamentary Question No. 668 of 11 January 2012, in relation to a person (details supplied) who suffered severe PTSD during their time on active duty for the defence forces in the 1970s and owing to poor mental health did not apply for their army pension within the statutory deadline, if he will review all of the documentation on file within his Department regarding this persons application; and as part of that review if he or one of his officials will meet with the person to discuss the case with a view to granting a retrospective military pension on exceptional grounds. [28629/17]

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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The Army Pensions Acts provide for consideration of claims in respect of a disablement due to:

(a) a wound or injury attributable to service in the Defence Forces, provided that the application is made within a year from the date of discharge from the Defence Forces;

(b) disease attributable to, aggravated by, accelerated or excited by overseas service with a United Nation Force provided that the application is made within eight years from the date of discharge from the Defence Forces.

The above time limits for making an application are statutory deadlines and there is no discretion in the Acts to extend them.

My officials have further reviewed the case of the individual referred to in the Deputy’s question.

Unfortunately, the position remains that the time limits are set out in the Army Pensions Act and there is no discretion in the legislation to extend them. In the circumstances, it is not open to me to accept an application at this stage in this case. Even if it were possible to do so, it would be extremely difficult, some 38 years after his discharge, to establish the required causal link between his medical condition and his military service.

I regret I cannot be of more assistance. In the circumstances, I do not feel that a meeting would serve any purpose.

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