Alan Shatter (Dublin South, Fine Gael)
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Under the Army Pensions Acts the Minister for Defence may, when awarding a disablement gratuity, take into account compensation received in respect of the same disablement. This is provided for under Section 13(2) of the Army Pensions Act, 1923, as amended by the Army Pensions Acts of 1927 and 1946. The purpose of this provision is to prevent compensation ‘on the double’ for the same injury. In a situation where court proceedings have commenced, but have not reached a conclusion, the award of a disablement gratuity is postponed to allow consideration under the above provision.

In the case outlined by the Deputy, the individual is pursuing two civil compensation claims. I am advised that both claims concern injuries which are similar in nature to the injury for which an award under the Army Pensions Acts is being considered. As such, the case falls for consideration under Section 13(2) of the Army Pensions Act, 1923, as amended. It is not possible to fix the amount of the disablement gratuity to be awarded until the outcome of both sets of court proceedings is known. Therefore, I do not propose to proceed with payment of a disablement gratuity at this time.