Vol. 480 No. 8
78 Mr. Callely asked the Minister for Defence the likely total costs associated with the hearing compensation claims by Defence Force personnel; the average settlement to date; and if the Government will continue to fight each claim made and later settle the majority of such claims on the day of the court case. [15245/97]
It is difficult to estimate the final exposure of the State to hearing loss compensation in respect of the Defence Forces. Already some 9,500 claims have been received and the average payment has been around £25,000 excluding legal costs. New claims are arriving at the rate of about 100 per week.
80 Mr. Callely asked the Minister for Defence the criteria applied in order to avail of compensation for personnel in the Armed Forces who have experienced hearing difficulties; and if he will make a statement on the matter. [15247/97]
Under the Army Pensions Acts a former member of the Permanent Defence Force may apply for compensation in respect of a wound or an injury received on duty or otherwise attributable to service either at home or abroad. Formal application must be made within one year after the date of discharge-retirement.
The minimum degree of disablement required to qualify for a pension is 20 per cent. A disablement gratuity may be granted where the degree of disablement is less than 20 per cent.
Applications are assessed by the Army Pensions Board which is the statutory body established pursuant to section 5 of the Army Pensions Act, 1927. It consists of a chairman and two ordinary members. It assesses the degree of disablement and determines whether the disablement is attributable to military service.
Under the common law it is open to any serving or former member of the Defence Forces to take a civil action for damages for any personal injury sustained as a result of the alleged negligence or breach of duty of the Minister, his servants or agents. The Chief State Solicitor acts for Government Departments in the conduct of civil legal claims alleging personal injury due to negligence.
81 Mr. Callely asked the Minister for Defence the procedures, if any, in place for the families of deceased Army personnel who have experienced hearing difficulties to avail of compensation; and if he will make a statement on the matter. [15248/97]
Under the Army Pensions Acts there is provision for the spouse of a deceased member of the Defence Forces to apply within one year of death for the dependant's allowance in respect of the deceased where his death was attributable to military service. Otherwise there is no provision for compensation to a spouse for a deceased members' disability.
