27Scheduled benefits in relation to liability for damages

27 Scheduled benefits in relation to liability for damages

[Section 27 Substituted by No. 6 of 1991, s. 8 ]

(1)  [Section 27 Subsection (1) amended by No. 49 of 1997, s. 16, Applied:01 Dec 1997] Except as provided by subsection (2) , if a liability has been incurred for the payment of damages to a person in respect of a personal injury the payment to that person of a scheduled benefit in respect of that personal injury shall, so far as it extends, be taken to be a payment in or towards the discharge of that liability, and the amount of those damages shall be reduced accordingly.

(2)  [Section 27 Subsection (2) amended by No. 32 of 1988, s. 5 ][Section 27 Subsection (2) substituted by No. 16 of 2007, s. 10, Applied:01 Aug 2007] Subsection (1) does not apply in respect of medical benefits, or disability benefits, paid in accordance with section 27A(4) .

(3)  [Section 27 Subsection (3) amended by No. 49 of 1997, s. 16, Applied:01 Dec 1997] Except as provided by section 27A (5) , if–

(a) [Section 27 Subsection (3) amended by No. 17 of 1996, Applied:15 May 1998] a judgment is obtained for the payment of damages to a person in respect of personal injury; or

(b) [Section 27 Subsection (3) amended by No. 49 of 1997, s. 16, Applied:01 Dec 1997] a person has accepted money paid into Court in satisfaction of a claim in respect of personal injury; or

(c) [Section 27 Subsection (3) amended by No. 49 of 1997, s. 16, Applied:01 Dec 1997] a person has agreed to accept an amount in satisfaction of a claim in respect of personal injury –

the Board is not required to make any further payments to that person by way of scheduled benefits in respect of that personal injury except to the extent that the judgment or agreement remains unsatisfied.