Defence Act 1954

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

99

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, F50 [ his spouse or any of his children (including any of his children in respect of whom his spouse is not a parent and any children he has adopted under F51 [ an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or an intercountry adoption effected outside the State and recognised under that Act ] ) ] 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 F50 [ the spouse or any such 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.

Annotations:

Amendments:

F50

Substituted (14.06.1988) by Status of Children Act 1987 (26/1987), s. 24(2), commenced as per s. 1(2)(b).

F51

Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 160, S.I. No. 511 of 2010.

Modifications (not altering text):

C40

Application of section extended (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 135(2), S.I. No. 648 of 2010.

Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.

135.— ...

(2) The references in section 99 of the Defence Act 1954 to a wife shall be construed as including a reference to a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

C41

Application of section extended (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28/1979), s. 5, S.I. No. 19 of 1980.

Application of section 99 of Principal Act to women.

5.—The provisions of section 99 of the Principal Act shall apply in the case of a woman who holds a non-commissioned rank and for that purpose references in that section to a wife shall be construed as references to a husband.