INFORMATION ON THE GARDA COMPENSATION ACT
What is the main purpose of the 2022 Garda Compensation Act?
The 2022 Garda Compensation Act aims to modernise the Garda compensation process making it more efficient for those using it. The 2022 Act came into effect on 10 April 2023.
The new Act brings Garda compensation claims into the Personal Injuries Assessment Board (PIAB) process. It will benefit claimants by decreasing the length of time it takes for a Garda Compensation claim to get from initial application to award, and by providing avenues for settlement and resolution at the earliest possible stage, with an independent assessment of the amount of compensation by PIAB.
We in PIAB will provide information on this website, and through our customer contact centre.
Where can I get more information?
Queries regarding claims made before the new legislation came in should be made to gardacompensation@justice.ie
For general information on our PIAB process or in relation to claims sent to PIAB under the new Act after April 10, 2023, you can call PIAB on 0818 829 121 or email us on enquiries@piab.ie
Who can make an application under the 2022 Act and how?
Applications are made to the office of the Commissioner of An Garda Síochána only.
The application form is available to download on the website of An Garda Siochana and from the internal Garda staff portal. It is not available from PIAB.
The Garda Compensation Act applies to members of An Garda Síochána where injuries were inflicted as a result of a malicious incident, in the performance of his or her duties as a member. The Act also applies to fatal injuries to a member of An Garda Síochána.
The injuries covered are those suffered:
- while on duty
- while exercising powers or otherwise acting in his or her general capacity as a member when off duty or on leave or otherwise not actually on duty or
- while on duty or off duty or on leave or at any other time because of anything previously done by him or her as a member or merely because of his or her being a member, or a person who had previously been, but at the time when such injuries were inflicted, or at the time of his or her death from such injuries, had ceased to be a member, where such injuries were inflicted on the person because of anything done by him or her as a member or merely because of his or her having been a member.
Anyone who was eligible to make a compensation claim under the 1941-1945 Garda Compensation Acts is eligible under the 2022 Act and Trainee Gardai and Reserve Gardai are now also eligible.
If I wish to make a claim under the new Act, who should I apply to?
The new Scheme will allow a Garda who claims that they have been injured as a result of a malicious incident to make an application to the Garda Commissioner within 6 months of the injury.
The application form will be available from An Garda Síochána via their website or their internal staff portal.
Applications should not be sent to PIAB. While PIAB can provide general information on its process, information on the specific procedure within An Garda Síochána will be made available by the Commissioner’s office.
Where the member of An Garda Síochána has suffered a fatal injury as a result of a malicious incident, then their family may make an application to the Garda Commissioner within 6 months of the death of the member.
How does the process work?
On receipt of an application the Garda Commissioner will appoint a Reporting Officer to conduct an initial examination to determine if the person who made the application is eligible to do so under the Act.
If the Reporting Officer makes a determination that the injury or death appears to have occurred as a result of a malicious incident, they provide a report to that effect to the Garda Commissioner.
When the report is received, the applicant is notified of the decision and the Garda Commissioner will arrange to submit an approved application to PIAB on behalf of the applicant.
Queries on these applications should be sent to compensationsection@garda.ie.
It is important to note that applications can only be submitted to PIAB by the Garda Commissioner.
How will applications which had been made under the previous legislation progress?
If you have a query about such claims, please contact gardacompensation@justice.ie
The arrangements that will be applicable to those claims are set out in section 5 of the Garda Compensation Act.
Where the Minister for Justice has already given authorisation for an application for compensation to proceed to the High Court, those claims will continue as if the 1941-1945 Acts had not been repealed.
After 2022 Act comes into operation, if the Minister for Justice had not yet made a decision as to whether a member was maliciously injured, those applications under the previous Act will be dealt with under the new act. In such cases, the Minister will return the documentation to the applicant and/or their legal representative and they will be informed that an application for initial assessment must be made to the Garda Commissioner under the new process within 6 months of the notice issued by the Minister in order to continue with their claim.
The process of returning applications on hand will take place following commencement of the 2022 Act on 10 April 2023.
What does the PIAB process involve?
PIAB is the impartial organisation that assesses personal injuries claim in Ireland.
The process involved for claims under the Garda Compensation Act 2022 is the standard process as used by PIAB for personal injury claims. It is summarised here:
- PIAB will gather information about each claim. PIAB may ask an applicant to attend an independent medical examination. This will provide PIAB with the up-to-date information regarding the applicant’s injuries and will assist PIAB in assessing each claim for compensation. PIAB will also ask each applicant to send them a completed written list of any out-of-pocket expenses such as medical costs with supporting documentation and/or loss of earnings. These documents are called a Schedule of Special Damages and Loss of Earnings Certificate.
- When PIAB has all the information needed, it will proceed to assess each claim. Each PIAB assessment is based on the medical information provided to them by the applicant and/or the independent medical examiner/s. Each claim will be assessed using the same Personal Injuries Guidelines on compensation amounts as the Courts use.
- Once each claim is assessed PIAB will send the applicant and the State Claims Agency a notice detailing their assessment of compensation. This document is called a 'Notice of Assessment'. The applicant will have 28 days to review this and either accept or reject it. The Respondent (Commissioner/State Claims Agency) will have 21 days to accept it or to reject it.
Next steps
Where the claimant and the Commissioner/State Claims Agency accept the PIAB assessment, payment of the compensation takes place quickly. PIAB issues the State Claims Agency with an ‘Order To Pay’ instructing them to pay the sum PIAB has awarded. This has the same status as a court order, and the claimant should receive payment within a month of the Order to Pay being issued.
If the assessment is not accepted by the parties, the claimant has the right to take their claim to Court if they wish, and in that case, they will be provided with the necessary authorisation document by PIAB to do so. If that happens the case leaves PIAB.
The Personal Injuries Assessment Board:
The Personal Injuries Assessment Board (PIAB) is Ireland’s independent state body for assessing personal injury claims. We assess personal injury claims relating to motor, employer (workplace) and public liability accidents. We are fair, impartial and independent and we use the exact same Guidelines as the Courts. Our time to resolve claims is almost 2 years quicker and our legal costs are 20 times less than those in litigation, according to research by the Central Bank of Ireland.