Dáil Éireann Debate, Tuesday - 27 September 2016
969. Deputy Clare Daly asked the Taoiseach and Minister for Defence the circumstances or rules applied by his Department not to have section 13(2) applied on a case under the Army Pensions Act where previous compensation was awarded. [26503/16]
Amharc ar fhreagra970. Deputy Clare Daly asked the Taoiseach and Minister for Defence his views on whether it is acceptable that a person who has been deemed permanently incapable of work as a result of an injury acquired in the Defence Forces which led to them being medically discharged would be granted a reduced pension; and if he will make a statement on the matter. [26504/16]
Amharc ar fhreagraI propose to to take Questions Nos. 969 and 970 together.
Section 13(2) of the Army Pensions Act, 1923 (as amended) provides:
"Any compensation which may be received from or on behalf of the person alleged to be responsible for the act which caused the wounding or death of a person ….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 the pension or allowance or reduce the amount thereof ".
This Section essentially provides that if compensation has been received for the same disablement as that for which a disability pension or gratuity is being awarded, that the Minister may take this into account when fixing the amount of disability pension or gratuity to be awarded under the Acts. The Minister may take into consideration part or all of the compensation received depending on the circumstances of the case. Alternatively, the Minister may decide to take none of the compensation into account. 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.
It is not possible to definitively list the circumstances taken into account when a case is being considered under Section 13(2) of the Army Pensions Acts, other than to say that each case is considered on its merits and the Minister personally makes a bona fide decision based on the circumstances of the case.
In advance of consideration under Section 13(2), the person or his/her solicitor is advised of the statutory provisions and of the potential implications for his/her application. The person is invited to put forward a case setting out their circumstances; details of the compensation actually received, and whether there are any special or extenuating circumstances involved. Consideration is given to the case made before a final decision is made under Section 13(2) of the Act.
The Deputy may wish to note that where a member of the Permanent Defence Force leaves on ill health grounds there may also be an entitlement under the Defence Forces Pensions Schemes to an occupational pension, in addition to a disability pension or gratuity under the Army Pensions Acts.
