Dáil Éireann Debate, Thursday - 5 November 2015
132. Deputy Seán Ó Fearghaíl asked the Minister for Defence if there is any circumstances in which a retired member of the Defence Forces can have their pension reduced as a result of having being made an award for a deafness or injury claim; and if he will make a statement on the matter. [38699/15]
View answerThe Army Pensions Acts provide for the grant of pensions and gratuities to former members of the Permanent Defence Force (PDF) in respect of permanent disablement due to a wound or injury attributable to military service (whether at home or abroad), or due to disease attributable to or aggravated by overseas service with the United Nations.
Section 13(2) of the Army Pensions Act, 1923, as amended, provides that “Any compensation which may be received from or on behalf of the person alleged to be responsible for the act which caused the wounding ... may be taken into consideration in fixing the amount of any pension, allowance or gratuity which might be awarded under this Act to or in respect of such person and if such compensation is received after the award of any such pension or allowance the Minister may review the award and, having regard to the amount of such compensation, either terminate or reduce the amount thereof.” The underlying objective of section 13(2) is to take into consideration awards (compensation, pension, gratuity or allowance) made ‘on the double’ from any source for the same disablement.
An individual decision based on the merits of each case is made by the Minister for Defence. This can result in a reduced pension or gratuity, or payment in full.
