Social Welfare Consolidation Act 2005
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Exclusion in assessment of damages. [1993 s236(1); 1997 s20 & Sch E] |
285.—(1) In assessing damages in any action under the Fatal Injuries Act 1956 , or Part IV of the Civil Liability Act 1961 , whether commenced before or after 24 February 1981, there shall not be taken into account any child benefit, widow’s (contributory) pension, widower’s (contributory) pension, orphan’s (contributory) allowance, one-parent family payment in the case of a person who qualifies for that payment by virtue of being a widow or widower, widow’s (non-contributory) pension, widower’s (non-contributory) pension or orphan’s (non-contributory) pension. | |
| [1993 s236(2); 1997 s20 & Sch E] |
(2) Subject to sections 96 and 286 , in assessing damages in any action in respect of injury or disease or in computing the amount of compensation under paragraph (1)(a)(ii) of the First Schedule to the Workmen’s Compensation Act 1906 or under Rule 2 or 4 of the Second Schedule to the Workmen’s Compensation Act 1934 , there shall not to be taken into account any benefit under Part 2, widow’s (non-contributory) pension, widower’s (non-contributory) pension, orphan’s (non-contributory) pension or child benefit. |