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Pension Provisions

Dáil Éireann Debate, Wednesday - 9 March 2022

Wednesday, 9 March 2022

Questions (113)

Bernard Durkan

Question:

113. Deputy Bernard J. Durkan asked the Minister for Defence further to Parliamentary Question No. 407 of 22 February 2022, the net loss to a person (details supplied) over the course of their lifetime due to the application of section 13(2) of the Army Pensions Act 1923 (as amended) and subsequent decision to reduce their disability pension; and if he will make a statement on the matter. [13379/22]

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Written answers

A reduction was made from the Disability Pension of the person in question on foot of Section 13 (2) of the Army Pensions Act, 1923, as amended, which 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 prevent double compensation in respect of the same disablement. The person in question was awarded civil compensation by the Courts in respect of the same injury for which he received a Disability Pensions under the Army Pensions Acts.

Since the reduction commenced in 1988 the gross Disability Pension of some €314,000 has been reduced by approximately €127,000 to the end of February 2022. A reduction of €3,648 per annum (fixed) will apply to the Disablility Pension of €13,750 per annum (this will increase in line with applicable pension increases) for the remainder of the lifetime of the person in question.

The Disability Pension reduction under Section 13(2) was made on the basis of an actuarial assessment of the value of the civil compensation received in 1986 for the same injury and should be viewed in that context.

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