Dáil Éireann Debate, Thursday - 30 September 2021
244. Deputy Bernard J. Durkan asked the Minister for Defence the basis on which personnel who were awarded compensation on foot of specific injuries incurred while in active service are having their awards deducted from the pension entitlement (details supplied); and if he will make a statement on the matter. [47423/21]
View answerI am taking it that the Deputy is referring to the provisions of Section 13(2) of the Army Pensions Act 1923, as amended.
The 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 compensation from whatever source paid ‘on the double’ for the same disablement.
In a case where Section 13(2) applies, the applicant or his/her solicitors are advised of the provisions of Section 13(2). They are invited to make submissions as to how much, if any of the compensation should be taken into account in fixing the rate of disability pension. The Minister then makes a bona fide decision based on a consideration of all circumstances of the case, including the annuity value of the compensation awarded.
The Deputy may wish to note that the Courts, in various previous judgements, have upheld the Minister’s statutory right to take into consideration that part of the damages which can properly be regarded as general damages or that part which can properly be regarded as referable to loss of earnings, as he considers proper.
