Social Welfare (Consolidation) Act, 1993

Exclusion in assessment of damages.

[1981, s. 306(1); 1986, s. 17(1); 1990, s. 13]

236.—(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 24th day of February, 1981, there shall not be taken into account any child benefit, widow's (contributory) pension, orphan's (contributory) allowance, lone parent's allowance in the case of a person who qualifies for such allowance by virtue of being a widow or widower or widow's or orphan's (non-contributory) pension.

[1981, s. 306(2); 1984, s. 12(2); 1986, s. 17(1)]

(2) Subject to sections 75 and 237, 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 II, widow's or orphan's (non-contributory) pension or child benefit.