ABSTRACT
This paper examines the law’s treatment of collateral benefits – and, more specifically, social welfare benefits – in the assessment of damages for personal injury. In particular, it looks at the operation of s 343R(2) of the Social Welfare (Consolidation) Act 2005, as amended, and the widespread practice that has emerged of the defendant in a settled personal injuries action applying on consent or unopposed for the inclusion in the order striking out the proceedings of a recital addressing the nature or extent of plaintiff’s loss of earnings. This is done for the purpose of limiting or eliminating the entitlement of the Minister for Employment Affairs and Social Protection to reimbursement from the defendant of the social welfare benefits paid to the plaintiff in connection with that injury.
Mr Justice David Keane (Judge of the High Court of Ireland), Friends With Collateral Benefits? Consent Recitals On Loss Of Earnings In Orders Striking Out Settled Personal Injuries Actions And The Recovery Of State Benefits From Tort Damages (2020) 2 Irish Judicial Studies Journal.
First posted 2020-11-11 17:39:52
Leave a Reply