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Dáil Éireann debate -
Wednesday, 24 Mar 1943

Vol. 89 No. 11

Ceisteanna—Questions. Oral Answers. - Discharged Soldier's Pension.

Mr. Byrne

asked the Minister for Defence if any pension or grant has been made to Mr. Henry McElhinney, 57 Shelmartin Avenue, formerly employed at Baldonnell Aerodrome, and who was seriously injured in an accident in April, 1935, resulting in his discharge from the Army on medical grounds; and if the Minister will state on what grounds he was not awarded a full pension.

Mr. Henry McElhinney was awarded a pension under Section 12 of the Army Pensions Act, 1927, in respect of injuries received on the 16th April, 1935, when he was knocked down by a civilian motor car, while proceeding from his home to Baldonnell Aerodrome to take up duty. The pension awarded in the case is in accordance with the degree of the applicant's disablement as assessed by the Army Pensions Board, but under the terms of Section 13 of the Army Pensions Act, 1923, no payment has yet been made with regard to an award of £300 made to him in the High Court when he instituted proceedings against the person alleged to have been responsible for the accident.

Mr. Byrne

Is this the position, that when this man took an action and was awarded £300 compensation, having paid his own law costs, the Government took back part of the £300 by stopping his pension until £300 was reached? Is that fair? Is it right?

The position, as I know it, is that this man was injured and was awarded a pension by the Army Pensions Board as compensation for the injuries he received. Apparently, at a subsequent date, he brought the matter before the courts where he was awarded £300 compensation for his injuries. The Deputy is not suggesting that there should be several sources from which to secure compensation?

Mr. Byrne

Two, not several.

The compensation awarded in the first instance by the Army Pensions Board was for a certain degree of disablement. When he took the matter to the courts, he was awarded £300 which was an agreed amount between himself and the individual with whom he was involved in the accident and he apparently was satisfied. There cannot be several sources of compensation for injuries of that kind.

Mr. Byrne

Then what I am saying is perfectly true?

The Deputy must confine himself to questions.

Mr. Byrne

I am asking the Minister is it correct to say that when he got the £300 for the injuries he received and the suffering he underwent the Minister's Department stopped it out of his pension; that the £300 was taken back by the Minister's Department? Is that correct?

In accordance with the terms of the Act.

Mr. Byrne

Therefore it is correct. God save Ireland.

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