Skip to main content
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2011 - onwards
Version 6 of 6

285. Exclusion in assessment of damages.

(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 24 February 1981, there shall not be taken into account any child benefit, widow's (contributory) pension, widower's (contributory) pension, surviving civil partner’s (contributory) pension, guardian’s payment (contributory), one-parent family payment in the case of a person who qualifies for that payment by virtue of being a widow, widower or surviving civil partner, widow’s (non-contributory) pension, widower’s (non-contributory) pension or surviving civil partner’s (non-contributory) pension or guardian’s payment (non-contributory).

(2) Subject to sections 96 and 286, 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 2, widow's (non-contributory) pension, widower's (non-contributory) pension, surviving civil partner’s (non-contributory) pension, guardian’s payment (non-contributory) or child benefit.