Bernard Durkan (Kildare North, Fine Gael)
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164. To ask the Minister for Defence further to Parliamentary Question No. 437 of 11 March 2014, in respect of a person (details supplied) in County Kildare, if the person was unduly disadvantaged by virtue of their compensation award which appears to have affected their disability pension in a negative way; if a reduction in their disability pension should have occurred at all in view of the fact that their injury resulted in their retirement from the Defence Forces; and if he will make a statement on the matter. [14676/14]

Alan Shatter (Dublin South, Fine Gael)
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As outlined in my previous reply the Army Pensions Acts provide for the grant of pensions and gratuities to former members of the Permanent Defence Force (PDF) in respect of permanent disablement due to a wound or injury attributable to military service (whether at home or abroad) or due to disease attributable to or aggravated by overseas service with the United Nations. Section 13(2) of the Army Pension Act 1923 provides that any compensation received from or on behalf of the person alleged to be responsible for the act which caused the wounding may be taken into consideration in fixing the amount of any pension, allowance or gratuity awarded.

In this case the person in question was awarded a disability pension under the Army Pensions Acts in respect of a wrist injury sustained while serving in the PDF. The person in question also instituted civil proceedings and was awarded compensation of €37,457 (£29,500) in respect of the same injury. The reduction in disability pension was made in consideration of the fact that compensation was awarded ‘on the double’ in respect of the same disablement. The (tax free) disability pension awarded is currently payable at the rate of €9,725.17 per year.

Compulsory retirement or discharge from the Defence Forces on medical grounds does not give an automatic entitlement to a disability pension and does not affect the rate of disability pension payable. The rate of disability pension depends on the degree of disablement as assessed by the Army Pensions Board, the independent statutory body appointed to adjudicate on applications. The Board’s principal function is to investigate applications for pensions, allowances and gratuities under the Acts and to report thereon. The Board determines the question of attributability to military service in each case and assesses the degree of disability

Broadly speaking, the criteria for awarding a disability pension or gratuity are based on whether the applicant is suffering from a permanent disablement due to a wound/injury or disease which is attributable to his military service at home or abroad, and the percentage degree of that disablement.

I am satisfied that the review of the disability pension payable in this case was in accordance with the provisions of Section 13(2) of the Army Pensions Act 1923 and therefore the decision must stand.