Robert Molloy
Question:949 Mr. Molloy asked the Minister for Defence the procedures in place for members of the armed forces to seek compensation for damage to their hearing due to lack of protection while using fire arms. [15098/96]
Written Answers. - Hearing Damage Compensation.
Under the Army Pensions Acts a former member of the Permanent Defence force may apply for compensation in respect of a wound or an injury, including damage to hearing, received on duty or otherwise attributable to service either at home or abroad. Formal application must be made within one year after the date of discharge or retirement.
The minimum degree of disablement required to qualify for a pension is 20 per cent. A disablement gratuity may be granted where the degree of disablement is less than 20 per cent. Applications are asessed by the Army Pensions Board which is the statutory body established pursuant to section 5 of the Army Pensions Act, 1927. It consists of a chairman and two ordinary members. It assesses the degree of disablement and determines whether the disablement is attributable to military service.
Under the common law it is open to any member or ex-member of the Defence Forces to take a civil action for damages for any personal injury sustained as a result of the alleged negligence or breach of duty of the Minister, his servants or agents.