Written answers

Tuesday, 18 September 2018

Department of Defence

Defence Forces Pensions

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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101. To ask the Taoiseach and Minister for Defence if payments due to a person (details supplied) will be issued. [37405/18]

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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The position in this case is that the retirement gratuity due to the person in question was paid into his account on 3 September 2018. The initial pension payment due to him will be paid on 28 September 2018 as part of the September 2018 monthly pensions payroll, and will include arrears of pension back to the date of retirement.

There is also a refund due to the person in question in respect of surplus contributions to the Spouses and Children's Contributory Pension Scheme. The refund will be made on 26 September 2018.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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102. To ask the Taoiseach and Minister for Defence further to Parliamentary Question No. 300 of 29 June 2017, the grounds on which it was decided to reduce the disability pension payable by the annuity value of the total compensation received by a person (details supplied); and if he will make a statement on the matter. [37409/18]

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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As I have outlined previously, Section 13(2) of the Army Pension Act 1923 provides that any compensation received from or on behalf of the person allegedly 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 Acts. The underlying objective of Section 13(2) is to take into consideration awards made 'on the double' from any source for the same disablement.

In 1988, the then Minister for Defence made his decision to take into account all of the compensation received, and to reduce the disability pension by the annuity value of that compensation. He made his decision following a consideration of all aspects of the case, including, in particular, representations made by the applicant's solicitors.

Having reviewed the relevant file, I am satisfied that the disability pension in this case has properly determined in accordance with the relevant statutory provisions.

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