Dáil Éireann Debate, Tuesday - 2 December 2014
296. Deputy Bernard J. Durkan asked the Minister for Defence further to Parliamentary Question No. 97 of 13 November 2014, if the position in respect of the person's disability pension has been approved by the court with particular reference to the fact that the current status had previously been quashed in 1987; and if he will make a statement on the matter. [45827/14]
View answerThe original decision of March 1987, to take the total compensation into consideration in deciding the rate of disability pension applicable in this case, was quashed on foot of a High Court Order of 23 November 1987, and a review of the case was ordered to be undertaken.
While the High Court Order quashed the original decision of March 1987 and ordered that a review of the case be undertaken, the court did not express any view as to the outcome of the review.
A new Ministerial decision was made following this review. The fresh decision taken was not approved by the High Court, nor was such approval required. As previously outlined I am satisfied that the High Court Order did not preclude the then Minister for Defence from arriving at the same decision and I do not believe that the decision made was in conflict with the High Court Order.
