Garda Compensation Scheme

Introduction

The Garda Síochána (Compensation) Act 2022 repeals and replaces the Garda Síochána (Compensation) Acts 1941-1945. The new Act provides a more modern approach for processing compensation claims and aims to reduce the waiting times and costs associated with the process.

The Garda Síochána (Compensation) Act 2022 commenced on the 10 April 2023 (S.I. no. 163 of 2023). The new Garda Compensation Scheme will be administered by the Garda Compensation Section under Assistant Commissioner, Governance and Accountability. The Garda Compensation Section will seek to provide the necessary information and administrative supports to the Garda membership when making a claim for compensation under the 2022 Act. The Garda Síochána policy and procedures for the new scheme should be reviewed by perspective applicants as they provide useful information on the process.

Eligibility under the scheme

All persons who were deemed eligible to apply under the 1941-1945 Acts would also be eligible to apply under the new Act. The Act applies to members of An Garda Síochána who were injured as a result of a malicious incident in the performance of their duties as a member, whether on or off duty. The Act also provides a mechanism for dependents of deceased members, who were fatally injured in the course of their duties to claim compensation. Additionally, the definition of a member has been updated to include trainee Gardaí.

Legal framework

The Garda Síochána (Compensation) Act 2022 establishes the legal framework for the Garda Compensation Scheme. The Act places certain requirements on An Garda Síochána, including the initial decision to admit applicants to the Scheme and engagement with external agencies such as the Personal Injuries Assessment Board (PIAB) and the State Claims Agency (SCA).

Injuries covered under the scheme

The Scheme provides for compensation for personal injuries (including injuries causing death) that were inflicted on a current or former members of An Garda Síochána as a result of a malicious incident. A malicious incident can be defined as:

Submitting an application

The Garda member or their dependants can submit an application within a period of six months from the date the injury was inflicted or reasonable knowledge of the injury. In cases where applications under the Scheme are made outside of the six month period there is provision under the Act to extend the period in certain circumstances.

The email address for queries/forms is the Garda Compensation Section in Garda HeadQuarters - CompensationSection@garda.ie.

The following are available of the Garda public website, click on the links.

• Policy & Procedures

The new application forms are half way down the page, you can complete them on-line as you are not required to include original signed documents and click the email button on the top right hand corner when you have completed all required fields. Click on Form 2A.

• Application Forms

Changes to the scheme

Like the previous scheme the requirement that the injury must be as a result of a malicious incident remains the same, however, whether an injury can be considered minor in character, has been removed.

There are several significant changes with the new scheme as follows:

• The time limit to apply to the Scheme has increased to six months.
• The definition of injury has expanded.
• Application forms are submitted directly to the Garda Compensation Section, An Garda Síochána Headquarters.
• There are set time periods in the Act to reach a determination on the application.
• There is an external review process open to each applicant.
• The Garda Compensation Section will submit approved applications to PIAB on behalf of the claimant.
• PIAB will provide the claimant with a copy of all documents submitted to them and engage directly with the claimant in assessing their injuries and subsequent award.

Rejection of the PIAB assessment

If the claimant or the respondent reject the PIAB assessment then an Authorisation will issue and the claimant can go through the Court system. The SCA will represent An Garda Síochána who is the respondent in all claims. The court determines the legal cost and awards.

Claim Procedure

• Making an application

You must apply directly to the Garda Compensation Section, An Garda Síochána Headquarters. This is to ensure your application is received and assigned to a Reporting Officer. It is recommended your application is submitted by email to compensationsection@garda.ie for promptness and ease of communication.

• Decisions on suitability of application

Once a Reporting Officer is assigned the time periods under the Act commence within which the Reporting Officer must reach a decision on the suitability of the application.

• Medical report requirement

An application must include a full medical report from a treating doctor(s) to support the application.

• Contacts

Garda Compensation Section - (Garda Síochána (Compensation) Act 2022 Compensationsection@garda.ie