Willie O'Dea (Limerick City, Fianna Fail)
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219. To ask the Taoiseach and Minister for Defence if he is aware that a person (details supplied) has been refused a disability pension even though they developed psychosis after taking the drug larium while serving in Chad in 2009; and if he will request his Departmental officials to review this decision; and if he will make a statement on the matter. [31393/25]

Simon Harris (Wicklow, Fine Gael)
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Under the Army Pensions Acts 1923-1980 a disability pension or gratuity may, following retirement, be granted to a former member of the Permanent Defence Force (PDF) for permanent disablement due to a wound or injury attributable to military service (whether at home or abroad) or to a disease attributable to, or aggravated by, overseas service with a United Nations Force.

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 award of a disability pension or gratuity depends on the findings of the Army Pensions Board, the independent statutory body appointed to adjudicate on applications. The rate of disability pension depends on the degree of disablement as assessed by that Board.

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 person in question was examined by the Army Pensions Board in January 2024 and, based on their findings, no award was made to him.

The findings of the Army Pensions Board in regard to ‘attributability’ are “final and conclusive and binding on all persons and tribunals whatsoever” (Section 47 of the Army Pensions Act, 1937). However, there is provision for review of awards or refusals subject to certain conditions, for example if additional relevant information or evidence has subsequently become available.

Therefore, as things stand, there is no basis to review the decision in this case.