Written answers

Wednesday, 17 October 2018

Department of Defence

Defence Forces Pensions

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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70. To ask the Taoiseach and Minister for Defence the number of cases in which his Department has subsequently refused or reduced pension entitlement in which a serving soldier has been injured on duty and whose award arising therefrom ultimately affects the person's pension entitlements, such as in the case of a person (details supplied); and if he will make a statement on the matter. [42737/18]

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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The Army Pensions Acts 1923-1980 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.

Application for a disability pension must be made within a statutory time limit of 1 year after retirement in wound/injury cases, and 8 years in disease cases.

The criteria for awarding a disability pension or gratuity are based on:

(a) whether the applicant is suffering from a permanent disablement due to wound/injury which is attributable to his military service at home or abroad, or to a disease attributable to or aggravated by service with a United Nations Force abroad, and

(b) the percentage degree of disablement from which the applicant is suffering.

The Army Pensions Board is an independent statutory body consisting of a chairman and two ordinary members (both doctors). The Chairman and one doctor are civilians and the other member is a serving Army doctor. The Board’s principal function is to investigate applications for pensions, allowances and gratuities under the Acts and to report to the Minister thereon. The Board determines the question of attributability to military service in each case; assesses the degree of disability; and reports its findings to the Department, which acts on the Board’s findings including the grant or refusal of appropriate benefits. The findings of the Army Pensions Board in regard to ‘attributability’ are final and conclusive and binding. However, there is provision for review of awards or refusals subject to certain conditions, for example if additional relevant information has subsequently become available.

The Army Pensions Acts essentially constitute a military occupational injuries code which operates separately from, but in addition to, the Defence Forces retirement benefit (superannuation) provisions. The combination of both pensions is subject to an overall limit. In a case where both a service (retirement) pension and a disability pension are payable the service (retirement) pension is reduced – usually by an amount equal to one-half of the smaller of the two pensions – and the disability pension is payable in full. A military disability pension is tax-free.

Furthermore, Section 13(2) of the Army Pensions Act, 1923, as amended, provides that any alternative compensation received may be taken into consideration in fixing the level of disability pension or gratuity that might otherwise be awarded for the same injury or medical condition. The underlying objective of section 13(2) is to take into consideration compensation paid ‘on the double’ for the same disablement. Compensation of the kind in question would usually result from a civil action for damages against the State, but compensation received from any other source is not excluded.

In a case where Section 13(2) applies, the applicant or his/her solicitors are advised of the provisions of Section 13(2). They are invited to make submissions as to how much, if any of the compensation should be taken into account in fixing the rate of disability pension. The Minister then makes a bona fide decision based on a consideration of all the facts of the case. Each case is considered on the basis of its individual circumstances, which vary widely. The Minister may decide to take all, some or none of the compensation into account in fixing the rate of disability pension. If the Minister decides to reduce the disability pension under Section 13(2), the reduction applies for the lifetime of the pension.

The Deputy has requested the number of cases which have subsequently been refused or reduced their pension entitlement. Unfortunately, such information is not readily available as the relevant legislative provisions have been in place since 1923 and it is not possible to compile such information without incurring significant administrative overheads.

I can, however, provide the Deputy with information on the number of personnel who have had their disability pensions reduced under Section 13(2) of the Army Pensions Act 1923, over recent years. This information is being compiled and I will write to the Deputy regarding the matter.

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