Information Circular No 19/2016: Introduction of Flat Rate Expense for Enlisted Members of the Defence Forces

By Industrial Relations Officer

Following PDFORRAs successful negotiation with Revenue for the introduction of a Flat Rate Expense for Enlisted members of the Defence Forces, representations were made to the Department of Defence for the transfer of the necessary information to the Revenue Commissioners so that the appropriate tax credit could be paid.

The Department informed PDFORRA that before any information could be transferred to Revenue, enlisted personnel would have to be given the opportunity to decline claiming.

In order to comply with the foregoing request by the Department, PDFORRA published an article in the Defender magazine in July 2016, advising members who did NOT wish to have their claim sent to Revenue to contact HQ before the 30th of August 2016. NO PDFORRA members contacted HQ before the closing date.

Consequentially, PDFORRA requested the Department forward the necessary data to Revenue, who had advised PDFORRA at the time of concession of the claim, that payment should only take two-three weeks, post transfer of details.

Following this request by PDFORRA to release the necessary details to Revenue, a meeting was arranged by the Department of Defence, where PDFORRA was informed that they now required explicit consent of all personnel before a data transfer would be made.

PDFORRA, in an effort to assuage any fears that the Department may have had regarding data transfer, sought legal advice from a Barrister, specialising in Data Protection law. The legal advice tendered by him was that there was no legal impediment to the necessary transfer. This information was subsequently given to the Department.

However, to date, the Department appear to remain steadfast in their determination to make all qualifying personnel give explicit consent to the release of data.

PDFORRA find the foregoing position unnecessary, and believe that it places an onerous burden on PDFORRA members to claim a tax credit, which was hard won.

PDFORRA understands that various forms are in circulation inviting personnel to give explicit consent to the transfer of data. In the absence of concession by the Department, PDFORRA advise members to sign these forms.

 

Issued on 27/09/2016

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