22(1)In section 2 of the M1Law Reform (Personal Injuries) Act 1948, in subsection (1) (which requires that, in assessing damages, half of certain benefits shall be brought into account against loss of profits or earnings)—E+W+S
(a)after the word “contract),” there shall be inserted the words “ where this section applies ”;
(b)for the words from “against any loss” to “from the injuries” there shall be substituted the words “ against them ”; and
(c)for the words from “therefrom” onwards there shall be substituted the words “from the injuries in respect of—
(a)any of the relevant benefits, within the meaning of section 22 of the Social Security Act 1989, or
(b)any corresponding benefits payable in Northern Ireland,
for the five years beginning with the time when the cause of action accrued. ”
(2)After that subsection there shall be inserted—
“(1A)This section applies in any case where the amount of the damages that would have been awarded apart from any reduction under subsection (1) above is less than the sum for the time being prescribed under paragraph 4(1) of Schedule 4 to the Social Security Act 1989 (recoupment of benefit: exception for small payments).”
(3)Subsection (2) of that section (disregard of increase for constant attendance) shall cease to have effect.
Modifications etc. (not altering text)
C1The text of Sch. 4 para. 22 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992
Marginal Citations