Bernard Durkan (Kildare North, Fine Gael)
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311. To ask the Minister for Defence his views, that a person (details supplied) in County Kildare has been unduly disadvantaged by virtue of section 13(2) of the Army Pension Act 1923, given that the reduction in the person's disability pension now exceeds the amount of compensation awarded as a result of civil proceedings; that section 13(2) of the Army Pension Act 1923 denotes that a compensation claim may be taken into consideration, but is not required to be taken into consideration; and if he will make a statement on the matter. [40477/15]

Simon Coveney (Cork South Central, Fine Gael)
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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 to an individual under the provisions of the Army Pensions Acts. The underlying objective of section 13(2) is to take into consideration awards (compensation, pension, gratuity or allowance) made ‘on the double’ from any source for the same disablement.

In relation to the Deputy’s comments that the annual reduction in the disability pension now exceeds the amount of compensation awarded as a result of civil proceedings, the position is that the adjustment under section 13(2) was decided by the then Minister for Defence following consideration of all of the circumstances of the case, including the annuity value of the compensation awarded. The annuity value was obtained from an actuarial assessment and was based on various assumptions including the date the money was received and the life expectancy of the individual.

I am satisfied that the decision in this case was in line with the relevant statutory provisions.