The effect of benefits should be disregarded when calculating interest payable on past loss of earnings damages. The new legislation did not restore the common law position, but excluded benefits from not only the basic calculations, but the interest also.
Citations:
Times 08-Jan-1999, Gazette 27-Jan-1999
Statutes:
Social Security (Recovery of Benefits) Act 1997, Social Security Administration Act 1992
Jurisdiction:
England and Wales
Personal Injury, Benefits, Damages
Updated: 11 May 2022; Ref: scu.90222
