Written Answers. - Defence Forces Pensions.
Michael Creed
Question:
127
Mr. Creed
asked the
Minister for Defence
if he will establish an internal inquiry to deal with the entitlement to arrears of pension and compensation of a person (details supplied) in County Cork; and if he will make a statement on the matter.
[5677/02]
As I have indicated in response to previous questions from the Deputy concerning this case, the person in question was injured in a road traffic accident in June 1955 while on duty as a member of the FCA. He instituted civil proceedings against the owner of the car involved in the accident and received compensation of £2,500.
He also applied for compensation under the terms of the Emergency Powers (Compensation for Personnel Injuries) (Local Defence Force) Scheme, 1942, and was found eligible for an award of periodic compensation under the scheme. However, no payments were actually made to him because the relevant amount of periodic compensation was less than the actuarial value of the compensation which he had received. His case was kept under review and he was re- examined on a number of occasions by the Army Pensions Board. When he was called for a further medical examination in 1962, the correspondence addressed to him was returned to the Department with the endorsement "gone away".
Nothing was heard from the individual until some 30 years later when he made contact with the Department's Renmore office and a letter was issued to him in May 1991 clarifying the points raised. There was no further contact with him until early 2001 when he sought access to the Departmental files relating to his case. He was provided with copies of those papers and, in May 2001, the Deputy put down a parliamentary question concerning the case. In the course of my reply to that Question No. 134 of 29 May, I outlined the background to the case and undertook to have it reviewed.
Subsequently, the person was examined by the Army Pensions Board and the board reported to the Department. Following consideration of the case in the Department, an award of periodic compensation was made to the individual in question. In recognition of the unusual circumstances of the case, it was decided as a concession to backdate the award for a period of six years. In that context, it was also decided, exceptionally, that the actuarial value of the civil compensation received by the person should not be deducted from the periodic compensation and not to pursue the question of the recovery of the cost of the maintenance and treatment of the person in a military hospital as a result of the accident. A substantial lump sum payment covering the retrospective period was issued to the person on 31 October 2001 and his continuing entitlement to periodic compensation is paid on a monthly basis.
I am satisfied, having regard to all aspects of this case, that the person has been treated fairly and reasonably by my Department. Accordingly, the question of establishing an internal inquiry does not arise.
