Vol. 415 No. 1
461 Mr. Noonan (Limerick East) asked the Minister for Defence the reasons a deduction is still being made from the pension of an ex-soldier (details supplied) in County Limerick on the grounds that he is also in receipt of an Army disability pension even though he has now lost his disability pension; and if he will make a statement on the matter.
Following his discharge from the Defence Forces in July 1988, the person in question was granted a service pension under the Defence Forces (Pensions) schemes. He was subsequently granted a disability pension under the Army Pensions Acts in respect of disablement due to injury. He had also instituted a civil action against the Minister in respect of the same injury and settlement in the sum of £80,000 (plus costs) was reached in late 1990.
Where a person is granted both a service pension under the Defence Forces (Pensions) schemes and a disability pension under the Army Pensions Acts, the schemes provide that the service pension is reduced — in practice by an amount equivalent to one-half of the disability pension. On his being granted a disability pension, the service pension of the person in question was reduced in accordance with the provisions mentioned.
Section 13 (2) of the Army Pensions Act, 1923 (as amended), provides, inter alia, that where compensation is received after the grant of a disability pension, the pension may be reviewed and may be terminated or reduced. In such cases the Defence Forces (Pensions) schemes provide that the reduction in the service pension shall continue to apply.
Following the settlement of his civil action, the disability pension in this case was duly reviewed and the reduction of his service pension continued in accordance with the provisions of the pensions schemes.
