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Dáil
‹ Ceisteanna ar Pholasaí nó ar Reachtaíocht - Questions on Policy or Legislation

Pension deductions for injured veterans

Summary

Deputy Durkan raised deductions from the pensions of former Defence Forces members who had received personal injury awards and asked for a review. The Tánaiste said he had considered cases individually and had not reduced any award in the cases brought to him.

Bernard Durkan Deputy Bernard J. Durkan Fine Gael

Today I propose to defer to another time the Castletown gate access to allow negotiations take place. Instead, I will raise another issue which affects the Defence Forces. Specifically it relates to former members of the Defence Forces who may have incurred injury in the course of their duty and who have retired on pension only to find at a later stage there is a monthly deduction from their pension on foot of the award they may have received on a personal injury basis in the courts. I have raised this with the Tánaiste before. He is familiar with the subject. I ask that the practice be reviewed on the basis that the courts have made their decision. The injury took place and the award was made on that basis. It should not follow that the State seeks the right to recover part of the award from the pension, or all of it, years later.

Comment on this

I am aware of what the Deputy is saying although any case that has come before me, I have looked at on its individual merits and chosen not to reduce any award as the pension is awarded. I have done so on the individual merits of a given case that has come before me. I stand to be corrected, but I do not think a case has come before me yet where I have acceded to the idea of reducing it.

Comment on this
Bernard Durkan Deputy Bernard J. Durkan Fine Gael

I will bring it back to the Tánaiste.

Comment on this

I know there is a general point but I look at each case individually.

Comment on this
Bernard Durkan Deputy Bernard J. Durkan Fine Gael

Thank you.

Comment on this