Social Welfare Consolidation Act 2005 section 96

Taking account of benefit in assessing damages

Section 96 governs how occupational injuries benefits are taken into account when assessing compensation or damages in legal proceedings, preventing double recovery.

• When damages are assessed for a person's death under the Civil Liability Act 1961, any funeral expenses grant paid under the occupational injuries scheme may be taken into account.
• For Garda Síochána compensation claims involving injury, the value of disablement benefit entitlements for a five-year period must be offset against awards for lost earnings, reduced earning capacity, and pain and suffering.
• For Garda compensation claims involving death or medical expenses, funeral grants and medical care payments received over five years may similarly be taken into account.
• These offset provisions do not apply to Garda compensation proceedings that were commenced before 6 April 1989.