Dáil Éireann Debate, Thursday - 17 September 2020
109. Deputy Thomas Pringle asked the Minister for Defence if his attention has been drawn to the fact that a former member of the Defence Forces (details supplied) applied to the Army Pensions Board for a disability pension in December 2018; when the applicant will be called for medical examination; when the case will be processed; and if he will make a statement on the matter. [24686/20]
Amharc ar fhreagraUnder the Army Pensions Acts 1923-1980 a disability pension or gratuity may, following retirement, be granted to a former member of the Permanent Defence Force (PDF) for permanent disablement due to a wound or injury attributable to military service (whether at home or abroad) or to a disease attributable to, or aggravated by, overseas service with a United Nations Force.
I can confirm that a claim under the Acts has been received from the person in question. The application and administration process of such claims can take some time to complete. This is due to the nature of the claims, whereby service and particular events across an individual’s career in the Defence Forces must first be verified and investigated, and then the individual must be examined and assessed medically.
The award and rate of a disability pension or gratuity depends on the degree of disablement and whether it is attributable to military service. This is assessed by the Army Pensions Board (APB), which is an independent statutory Board appointed under the Army Pensions Acts to investigate applications for pensions, allowances and gratuities under the Acts and to report to the Minister thereon. The Board determines the question of attributability to military service in each case; assesses the degree of disability; and reports its findings to the Department.
Due to the public health emergency the APB suspended its hearings in March 2020 in the interests of safety of applicants and Board members; however, my Department has been informed by the Chairman of the Board that sittings are due to recommence next week.
Claims for disability pension are dealt with in accordance with the date of receipt of application. Once the Board is in a position to investigate the claim in the case of the individual in question, the Secretary of the Board will contact the applicant to arrange an appointment for medical examination. The cessation of APB activities for public health reasons will, unfortunately, mean some further delays will be experienced for claimants.
When a final decision has been made on the rate of disability pension or gratuity to be paid, my Department will make the necessary arrangements for payment. In this regard the Deputy may wish to note that in the event of a disability pension being awarded, payment is made from the date of discharge from the Defence Forces.
As the applicant in question has received compensation from another source for the same injury/condition the provisions of Section 13(2) of the Army Pension Act, 1923 as amended will be relevant in this case. Section 13(2) provides that any alternative compensation received by the applicant may be taken into consideration in fixing the level of disability pension or gratuity that might otherwise be awarded for the same injury or medical condition. The underlying objective of Section 13(2) is to take into consideration compensation paid ‘on the double’ for the same disablement.
Finally, I understand that the person in question was recently in contact with my Department and that an official has explained the position regarding the application.
