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18 1954

DEFENCE ACT, 1954

Chapter IV.

Pay and Allowances of Members of the Defence Forces.

Regulations as to pay, allowances and gratuities of members of the Defence Forces.

97. —(1) The Minister may make regulations in relation to the following matters—

(a) the rates and scales of pay, allowances and gratuities of members of the Defence Forces,

(b) the grants which may be made to members and units of the Defence Forces,

(c) the conditions applicable to the issue of such pay, allowances, gratuities and grants.

(2) (a) The Minister may, with the consent of the Minister for Finance, make regulations in relation to the following matters—

(i) the forfeitures and deductions to which the pay, allowances and gratuities of and grants to members of the Defence Forces may be subjected,

(ii) the deductions to which grants to units of the Defence Forces may be subjected,

(iii) the disposition of such forfeitures and deductions,

(iv) the manner in which and the procedure whereby such forfeitures and deductions or any other deductions authorised by this Act are to be made, and such forfeitures and deductions may be made and disposed of accordingly.

(b) Regulations made under this subsection shall not prescribe—

(i) forfeiture of pay except in respect of—

(I) absence on desertion or without leave,

(II) custody, imprisonment or detention,

(III) absence from duty on account of a disease or disability arising out of the commission of any offence,

(IV) unclaimed amounts;

(ii) deductions from pay except in respect of—

(I) articles or services provided,

(II) marriage allotment,

(III) fines, penalties, damages, compensation or costs awarded,

(IV) public or service property lost, deficient, damaged or destroyed,

(V) public or service debt or disallowance,

(VI) unauthorised expenditure or commitment.

(c) The total deduction to be made under regulations made under this subsection from the pay of a man, except a man who is being transferred to the Reserve Defence Force or discharged from the Defence Forces, shall not in any week exceed such sum as would cause him to receive less than one-third of his pay for that week.

(d) Every regulation made under this subsection shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation has been laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

(3) Any forfeiture or deduction made under subsection (2) of this section may be remitted by the Minister in whole or in part.

(4) References to pay, allowances, gratuities or grants in this Chapter shall be construed as references to pay, allowances, gratuities or grants payable under regulations made under subsection (1) of this section.

Deductions from pay of man in respect of certain court orders.

98. —(1) This section applies to—

(a) an order made by a civil court under section 1 of the Married Women (Maintenance in case of Desertion) Act, 1886,

(b) an order made by a civil court under section 75 or 82 of the Children Act, 1908,

(c) an order made by a civil court under section 99 of the Children Act, 1908, ordering the parent or guardian of an offender to pay a fine, damages or costs,

(d) an order made by a civil court under section 3 , 6 or 7 of the Illegitimate Children (Affiliation Orders) Act, 1930 (No. 17 of 1930),

(e) an order made by the District Court under section 28 or 29 of the Public Assistance Act, 1939 (No. 27 of 1939),

(f) an order made by a civil court under section 232 or 233 of the Mental Treatment Act, 1945 (No. 19 of 1945),

(g) an order made by a civil court for payment of any moneys due as alimony under a deed of separation,

(h) an order made by a civil court for payment of alimony.

(2) Where an order to which this section applies is made against a person who is or subsequently becomes a man of the Permanent Defence Force and a copy of such order is sent to the Minister, the prescribed authority shall order to be deducted from the pay of such person as a man of the Permanent Defence Force and to be appropriated in satisfaction or part satisfaction of the amount (including any arrears accrued and any costs and expenses) payable under the order such portion (not exceeding, in case he holds the rank of sergeant or a higher non-commissioned army rank or the rank of petty officer or a higher non-commissioned naval rank, two-thirds or, in any other case, three-fourths) of his daily pay as the prescribed authority thinks fit.

(3) Where a reservist is called out on permanent service, subsection (2) of this section shall apply in respect of him in like manner as it applies in respect of a man of the Permanent Defence Force.

Deductions from pay of man in respect of maintenance of wife and children.

99. —(1) Where it appears to the Minister that a person who is or subsequently becomes a man of the Permanent Defence Force has deserted or left in destitute circumstances, without reasonable cause, his wife or any of his legitimate children under the age of sixteen years, the Minister may order to be deducted from the daily pay of such person as a man of the Permanent Defence Force and applied in such manner as the Minister thinks fit towards the maintenance of the wife or such legitimate children such portion (not exceeding, in case he holds the rank of sergeant or a higher non-commissioned army rank or the rank of petty officer or a higher non-commissioned naval rank, two-thirds or, in any other case, three-fourths) of his daily pay as the Minister thinks fit.

(2) Where a reservist is called out on permanent service, subsection (1) of this section shall apply in respect of him in like manner as it applies in respect of a man of the Permanent Defence Force.

Restrictions on deductions from pay, etc.

100. —(1) No deduction shall be made from any pay, allowance, gratuity or grant unless—

(a) the deduction is authorised by regulations made under subsection (2) of section 97, or by sections 98 or 99 or by an Act of the Oireachtas, or

(b) the deduction is authorised by subsection (2) of this section.

(2) Where a member of the Defence Forces consents in writing to such deduction and the deduction has the approval of the prescribed authority, a deduction may be made from that member's pay, allowances, gratuities or grants.

(3) Pay, allowances, gratuities and grants shall not be capable of being attached or otherwise made available by civil process for the payment of any debt.

Withholding of pay in certain cases.

101. —Where any question arises as to—

(a) whether any pay, allowance, gratuity or grant is due, or

(b) the amount of any pay, allowance, gratuity or grant due, or

(c) whether a forfeiture or deduction falls to be made of or from any pay, allowance, gratuity or grant, or

(d) the amount of a forfeiture or deduction to be made of or from any pay, allowance, gratuity or grant due,

the question shall be determined with all convenient speed and, pending such determination, the pay, allowance, gratuity or grant may be withheld, in whole or in part.

Prohibition of assignment of pay, etc.

102. —Every instrument (being an assignment of, a charge on, or an agreement to assign or charge any pay, allowance, gratuity or grant) made by a member of the Defence Forces shall be void except—

(a) it is made, in pursuance of any regulation made in this behalf by the Minister, for the benefit of the family (including an illegitimate child) of that member, or

(b) it is authorised by subsection (2) of section 100 or by an Act of the Oireachtas.