Social Welfare Consolidation Act 2005 section 285

Exclusion in assessment of damages

Section 285 provides that certain social welfare payments must not be taken into account when assessing damages in fatal injury, civil liability, personal injury or disease, and workmen's compensation cases.

• When damages are assessed under the Fatal Injuries Act 1956 or Part IV of the Civil Liability Act 1961 (whether the action began before or after 24 February 1981), the court must disregard child benefit, bereaved partner's (contributory) pension, guardian's payment (contributory), one-parent family payment (where the claimant qualifies as a bereaved partner), bereaved partner's (non-contributory) pension and guardian's payment (non-contributory).
• Similarly, when assessing damages for injury or disease, or computing compensation under the Workmen's Compensation Act 1906 (First Schedule) or the Workmen's Compensation Act 1934 (Second Schedule, Rules 2 or 4), no account is to be taken of any benefit under Part 2 of the Social Welfare Consolidation Act, bereaved partner's (non-contributory) pension, guardian's payment (non-contributory) or child benefit.
• The exclusion of these payments from the damages calculation ensures that a claimant's social welfare entitlements do not reduce the compensation they receive from a defendant or insurer.
• The rule for injury or disease cases is subject to sections 96 and 286, which may modify its application in certain circumstances.