Dáil Éireann Debate, Tuesday - 18 September 2018
102. Deputy Bernard J. Durkan asked the Taoiseach and Minister for Defence further to Parliamentary Question No. 300 of 29 June 2017, the grounds on which it was decided to reduce the disability pension payable by the annuity value of the total compensation received by a person (details supplied); and if he will make a statement on the matter. [37409/18]
Amharc ar fhreagraAs I have outlined previously, Section 13(2) of the Army Pension Act 1923 provides that any compensation received from or on behalf of the person allegedly responsible for the act which caused the wounding may be taken into consideration in fixing the amount of any pension, allowance or gratuity awarded to an individual under the Acts. The underlying objective of Section 13(2) is to take into consideration awards made 'on the double' from any source for the same disablement.
In 1988, the then Minister for Defence made his decision to take into account all of the compensation received, and to reduce the disability pension by the annuity value of that compensation. He made his decision following a consideration of all aspects of the case, including, in particular, representations made by the applicant's solicitors.
Having reviewed the relevant file, I am satisfied that the disability pension in this case has properly determined in accordance with the relevant statutory provisions.
