Social Welfare Act, 1990
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Amendment of section 306A of Principal Act. |
46.— (1) The Principal Act is hereby amended by the substitution for section 306A (inserted by section 12 of the Social Welfare Act, 1984 ) of the following section: | |
“Taking of benefit and invalidity pension into account in assessing certain damages. | ||
306A.— (1) Notwithstanding section 2 of the Civil Liability Act, 1964, and section 3 06, in assessing damages in any action in respect of liability for personal injuries not causing death relating to the use of a mechanically propelled vehicle (within the meaning of section 3 of the Road Traffic Act, 1961 ), there shall be taken into account the value of any rights arising from such injuries which have accrued, or are likely to accrue, to the injured person in respect of disability benefit (including any amount payable therewith by way of pay-related benefit) or invalidity pension under Part II for the period of 5 years beginning with the time when the cause of action accrued. | ||
(2) The reference in subsection (1) to damages shall, in a case where the damages are subject to reduction under the law of contributory negligence or are limited by or under any Act, be construed as a reference to the total damages which would have been recoverable apart from the reduction or limitation.”. | ||
(2) This section shall not apply to any action instituted before the passing of this Act. |