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Dáil Éireann debate -
Wednesday, 13 Feb 1946

Vol. 99 No. 7

Ceisteanna—Questions. Oral Answers. - Compensation for Accident.

Mr. Corish

asked the Minister for Defence whether he is aware that John J. Breen, 12 Macken Street, Wexford, sustained an injury, while on manæuvres with the Maritime Inscription Corps of which he was a member, in May, 1944, which necessitated his detention in hospital until 7th July, 1944, and was unable to return to work before 5th December, 1944; that Mr. Breen was put to considerable expense following the accident; that he has been offered a weekly payment of 10/6 for the period from 13th January, 1945, to 31st August, 1947, as compensation; if he will state whether, in view of the circumstances, he will agree to pay Mr. Breen increased compensation, and the reasons why compensation was not paid for the period from the date of the accident to the 13th January, 1945, and if he will now arrange for the payment of compensation for that period.

Mr. John J. Breen, 12 Macken Street, Wexford, a member of the Maritime Inscription, was injured on 14th May, 1944, while taking part at manæuvres at Rosslare Strand.

As a member of the forces called out on permanent service, but permitted to follow his normal occupation, his claim for compensation fell for consideration under the Army Pensions Act, 1927, as amended by the Act of 1943, which provides for the grant of a wound pension based on the degree of disablement from which the applicant suffers on the date of his examination by the Army Pensions Board, as from the day following date of discharge from the forces.

Mr. Breen was discharged from the forces on the 12th January, 1945, and was granted a, temporary wound pension at the rate of 10/6 per week based upon a degree of disablement of 25 per cent. from the 13th January, 1945, the day after the day of his discharge, to the 31st August, 1947, when his case will fall to be reviewed. The rate mentioned is the rate applicable to the degree of disablement assessed by the Army Pensions Board, as contained in Part II of the Third Schedule of the Act of 1927, as amended by the Act of 1943, and so cannot be increased.

No award of pension can be made under the Acts to a member of the forces in respect of any period prior to the date of his discharge from the forces. I have, however, examined the circumstances of this claim in relation to medical expenses incurred and possible loss of earnings by Mr. Breen and am prepared to discharge reasonable hospital expenses, and to consider further representations by Mr. Breen in regard to loss of earnings (if any) incurred by him prior to the operative date of pension.

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