Tuesday, 2 July 2019

Questions (146)

Bernard Durkan

Question:

146. Deputy Bernard J. Durkan asked the Taoiseach and Minister for Defence further to Parliamentary Question No. 34 of 13 June 2019, the reason all personal injury claims finalised by the State Claims Agency on his behalf did not have subsequent disability benefits and pensions reduced under section 13(2) of the Army Pensions Act 1923 (as amended); and if he will make a statement on the matter. [28009/19]

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Written answers (Question to Defence)

The Army Pensions Acts 1923-1980 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.

The award of a disability pension or of a disablement gratuity is considered under Section 13(2) of the Army Pensions Act 1923 (as amended) in situations where civil action compensation is received in respect of the same injury (or injuries).

Not all claimants whose personal injuries claims are finalised by the State Claims Agency on my behalf are eligible for consideration for an award under the Army Pensions Acts. However, where the individuals concerned are eligible for an award under those Acts the terms of Section 13(2) are applicable.

In advance of consideration by the Minister under Section 13(2), the person or his/her solicitor is advised of the statutory provisions and of the potential implications for his/her application. The person is invited to put forward a case setting out their circumstances, details of the compensation actually received, and whether there are any special or extenuating circumstances involved. Each case is considered on the basis of its own individual circumstances by the Minister.