Clare Daly (Dublin Fingal, Independent)
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968. To ask the Taoiseach and Minister for Defence further to Parliamentary Question No. 345 of 29 September 2015, the reason section 13(2) had been predetermined as applying at that time even though no decision on the pension had been made; and if he will make a statement on the matter. [26502/16]

Paul Kehoe (Wexford, Fine Gael)
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No consideration or decision under Section 13(2) of the Army Pensions Act has yet taken place in relation to the case referred to by the Deputy as the determination of the disability pension application has not yet been finalised in this case.

The previous reply referred to by the Deputy stated that if the applicant in this case is awarded a disability pension Section 13(2) of the Army Pensions Act, 1923 will apply. What this means is that the case is subject to and will be considered under Section 13(2) of the Army Pensions Act 1923. The individual in this case received compensation for an injury for which he is also eligible for award of a disability pension under the Army Pensions Acts, therefore the terms of Section 13(2) of the Act will apply and the case will be considered under that provision.

Section 13(2) of the Army Pension Act 1923 provides that if compensation is received for the same disablement as that for which a disability pension is being awarded under the Army Pensions Acts this may be taken into consideration when fixing the amount of any pension, allowance or gratuity awarded for that disablement under the Army Pensions Acts. This can result in a reduced pension or gratuity, or payment in full. The underlying objective of section 13(2) is to take into consideration awards (compensation, pension, gratuity or allowance) made ‘on the double’ for the same disablement for which a disability pension or gratuity is being paid.

Clare Daly (Dublin Fingal, Independent)
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969. To ask the Taoiseach and Minister for Defence the circumstances or rules applied by his Department not to have section 13(2) applied on a case under the Army Pensions Act where previous compensation was awarded. [26503/16]

Clare Daly (Dublin Fingal, Independent)
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970. To ask the Taoiseach and Minister for Defence his views on whether it is acceptable that a person who has been deemed permanently incapable of work as a result of an injury acquired in the Defence Forces which led to them being medically discharged would be granted a reduced pension; and if he will make a statement on the matter. [26504/16]

Paul Kehoe (Wexford, Fine Gael)
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I propose to answer Questions 969 and 970 together.

Section 13(2) of the Army Pensions Act, 1923 (as amended) provides:

"Any compensation which may be received from or on behalf of the person alleged to be responsible for the act which caused the wounding or death of a person ....may be taken into consideration in fixing the amount of any pension, allowance or gratuity which might be awarded under this Act to or in respect of such person and if such compensation is received after the award of any such pension or allowance the Minister may review the award and, having regard to the amount of such compensation, either terminate the pension or allowance or reduce the amount thereof ".

This Section essentially provides that if compensation has been received for the same disablement as that for which a disability pension or gratuity is being awarded, that the Minister may take this into account when fixing the amount of disability pension or gratuity to be awarded under the Acts. The Minister may take into consideration part or all of the compensation received depending on the circumstances of the case. Alternatively, the Minister may decide to take none of the compensation into account. This can result in a reduced pension or gratuity, or payment in full.

The underlying objective of section 13(2) is to take into consideration awards (compensation, pension, gratuity or allowance) made ‘on the double’ for the same disablement for which a disability pension or gratuity is being paid.

It is not possible to definitively list the circumstances taken into account when a case is being considered under Section 13(2) of the Army Pensions Acts, other than to say that each case is considered on its merits and the Minister personally makes a bona fidedecision based on the circumstances of the case.

In advance of consideration under Section 13(2), the person or his/her solicitor is advised of the statutory provisions and of the potential implications for his/her application. The person is invited to put forward a case setting out their circumstances; details of the compensation actually received, and whether there are any special or extenuating circumstances involved. Consideration is given to the case made before a final decision is made under Section 13(2) of the Act.

The Deputy may wish to note that where a member of the Permanent Defence Force leaves on ill health grounds there may also be an entitlement under the Defence Forces Pensions Schemes to an occupational pension, in addition to a disability pension or gratuity under the Army Pensions Acts.