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Measure of damages, etc. 3.(1) On a claim for damages for personal injuries (including any such claim arising out of a contract),... there shall in assessing those damages... be taken into account, against any loss of earnings or profits which has accrued or probably will accrue to the injured person from the injuries, one half of the value of any rights which have accrued or probably will accrue to him therefrom in respect of [any of the following benefits under the Social Security (Northern Ireland) Act 1975 [, the Social Security Pensions (Northern Ireland) Order 1975 or any corresponding provisions in force in Great Britain] namely This sub-section shall not be taken as requiring both the gross amount of the damages... before taking into account the said rights and the net amount after taking them into account to be found separately. (2) In determining the value of the said rights there shall be disregarded any increase of an industrial disablement pension in respect of the need of constant attendance. (3) The reference in sub-section (1) of this section to assessing the damages for personal injuries shall, in cases where the damages otherwise recoverable are subject to reduction under the law relating to contributory negligence or are limited by or under any Act or by contract, be taken as referring to the total damages which would have been recoverable but for the reduction or limitation. (4) On a claim for damages for personal injuries (including any such claim arising out of a contract),..., there shall be disregarded, in determining the reasonableness of any expenses, the possibility of avoiding those expenses or part of them by taking advantage of facilities available under the Health Services Act (Northern Ireland), 1948, or of any corresponding facilities in Great Britain. Subs. (5) rep. by 1959 c.65 s.3 sch.; 1959 c.18 (NI) s.3(3) sch.; 1968 c.9 (NI) s.13 sch.2 [(6) For the purposes of this section disablement benefit in the form of a gratuity is to be treated as benefit for the period taken into account by the assessment of the extent of the disablement in respect of which it is payable.]
© 1948 Crown Copyright
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URL: http://www.bailii.org/nie/legis/num_act/lrpai1948564/s3.html