Dáil Éireann Debate, Tuesday - 12 November 2019
87. Deputy Bernard J. Durkan asked the Taoiseach and Minister for Defence if he has discretion to increase the pension entitlement of a member of the Defence Forces (details supplied); and if he will make a statement on the matter. [46157/19]
View answerThere is no discretion available under the Army Pensions Acts to increase the pension of the person in question, which was fixed, under Section 13(2) of the Army Pensions Act 1923, by a bona fide decision of the then Minister for Defence, on the basis that civil compensation was received for the same disablement.
Section 13(2) of the Army Pensions Act 1923 (as amended) provides that any alternative compensation received may be taken into consideration in fixing the level of disability pension or gratuity that might otherwise be awarded for the same injury or medical condition. The underlying objective of section 13(2) is to take into consideration compensation paid ‘on the double’ for the same disablement.
There is provision under the Acts for the review of pensions or gratuities awarded or refused, subject to certain conditions, for example if additional relevant medical evidence becomes available. Such circumstances are, however, not relevant in this instance as no such case has been made.
The disability pension, as fixed, would of course have been increased periodically to reflect relevant pay increases in the intervening period.
