Dáil Éireann Debate, Tuesday - 27 September 2016
968. Deputy Clare Daly asked the Taoiseach and Minister for Defence , further to Parliamentary Question No. 345 of 29 September 2015, the reason section 13(2) had been predetermined as applying at that time even though no decision on the pension had been made; and if he will make a statement on the matter. [26502/16]
Amharc ar fhreagraNo consideration or decision under Section 13(2) of the Army Pensions Act has yet taken place in relation to the case referred to by the Deputy as the determination of the disability pension application has not yet been finalised in this case.
The previous reply referred to by the Deputy stated that if the applicant in this case is awarded a disability pension Section 13(2) of the Army Pensions Act, 1923 will apply. What this means is that the case is subject to and will be considered under Section 13(2) of the Army Pensions Act 1923. The individual in this case received compensation for an injury for which he is also eligible for award of a disability pension under the Army Pensions Acts, therefore the terms of Section 13(2) of the Act will apply and the case will be considered under that provision.
Section 13(2) of the Army Pension Act 1923 provides that if compensation is received for the same disablement as that for which a disability pension is being awarded under the Army Pensions Acts this may be taken into consideration when fixing the amount of any pension, allowance or gratuity awarded for that disablement under the Army Pensions Acts. This can result in a reduced pension or gratuity, or payment in full. The underlying objective of section 13(2) is to take into consideration awards (compensation, pension, gratuity or allowance) made ‘on the double’ for the same disablement for which a disability pension or gratuity is being paid.
