Social Welfare (Consolidation) Act, 1981

Exclusion in assessment of damages.

[1935 WOPS, s. 60; 1944 CA, s. 14; 1952, s. 34]

306.—(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 the passing of this Act, there shall not be taken into account any children's allowance, widow's (contributory) pension, orphan's (contributory) allowance or widow's or orphan's (non-contributory) pension.

(2) Subject to section 68 , 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 be taken into account any benefit under Part II , widow's or orphan's (non-contributory) pension or children's allowance.