The Garda Síochána (Compensation) Act 2022, which came into force from 10 April 2023, 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 agencies such as the Personal Injuries Assessment Board (PIAB) and the State Claims Agency.
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 is defined by the Act as:
“an incident as a result of which personal injuries (which may include injuries causing death) were maliciously inflicted on a member or former member and where such injuries were inflicted in the performance of their duties, or as a result of duties previously performed or merely because of their membership of An Garda Síochána at the time of the incident.”
Under the scheme, claims are assessed by PIAB, the independent state body which assesses personal injury claims.
After a claim has been made to PIAB, the State Claims Agency represent the Garda Commissioner. Following our review of the claim, in some cases, we may be able to make a compensation settlement offer to an applicant at an early stage of the process.
If a settlement cannot be agreed, the PIAB process will take place in the normal way. Once a PIAB assessment has been made, it may be accepted or rejected by either party.
If all parties accept the assessment, an Order to Pay issues and the State Claims Agency on behalf of the Commissioner will arrange for payment of the award. If either party rejects the assessment, the applicant will be given an Authorisation to lodge proceedings before the courts.
If you are a Garda member or dependent and have any queries on the Garda Compensation Scheme, further information can be found on the Garda website or please get in touch with the Garda Compensation Section - Garda Síochána (Compensation) Act 2022 via Compensationsection@garda.ie.