Social Welfare (Consolidation) Act, 1993
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Taking of disability benefit and invalidity pension into account in assessing certain damages. |
[1990, s. 46(1)] | |
237.—(1) Notwithstanding section 2 of the Civil Liability Act, 1964, and section 236, 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. | ||
[1990, s. 46(1)] | ||
(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. | ||
[1984, s. 12(3); 1990, s. 46(2)] | ||
(3) This section shall apply— | ||
(a) 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, which is required to be covered by an approved policy of insurance, where such action is instituted on or after the 30th day of March, 1984, and | ||
(b) in assessing damages in any other action in respect of liability for personal injuries not causing death relating to the use of a mechanically propelled vehicle, where such action is instituted on or after the 4th day of April, 1990. | ||
[1984, s. 12(1)] | ||
(4) In subsection (3)— | ||
“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 . |