Social Welfare Act, 1984

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Insertion of section 306A in Principal Act.

12.—(1) The Principal Act is hereby amended by the insertion of the following section after section 306:

“Taking of certain benefits, etc., into account in assessing damages.

306A.— (1) Notwithstanding section 2 of the Civil Liability (Amendment) Act, 1964 , and section 306 of this Act, where in any action relating to the use of a mechanically propelled vehicle damages are assessed in respect of any liability for personal injuries which is required to be covered by an approved policy of insurance, there shall in assessing those damages be taken into account the value of any rights arising from such injuries which have accrued, or probably will accrue, to the injured person in respect of disability benefit (including any amount payable therewith by way of pay-related benefit) and invalidity pension for the five years beginning with the time when the cause of action accrued.

(2) The reference in subsection (1) to the assessment of damages shall, in cases where damages otherwise recoverable are subject to reduction under the law relating to contributory negligence or are limited by or under any Act, be taken as referring to the total damages which would have been recoverable apart from the reduction or limitation.

(3) In subsection (1):

“approved policy of insurance” means a policy of insurance which, by virtue of section 62 of the Road Traffic Act, 1961 , as amended by the European Communities (Road Traffic) (Compulsory Insurance) Regulations, 1975 (S.I. No. 178 of 1975), is an approved policy of insurance for the purposes of that Act;

“mechanically propelled vehicle” has the meaning assigned by section 3 of the Road Traffic Act, 1961 .”.

(2) The Principal Act is hereby further amended by the insertion in section 306 of “and section 306A” after “section 68” in subsection (2).

(3) This section shall not apply in relation to any action instituted before the date of the passing of the Social Welfare Act, 1984.