Reduction of claim because of other benefits
409 Reduction of claim because of other benefits
(1) A person is not entitled to recover from the Fidelity Fund any amount equal to amounts or to the value of other benefits:
that have already been paid to or received by the person; or
(b) that have already been determined and are payable to or receivable by the person; or
(c) that (in the Law Society's opinion) are likely to be paid to or received by the person; or
(d) that (in the Society's opinion) might, but for neglect or failure on the person's part, have been paid or payable to or received or receivable by the person;
from other sources in relation to the pecuniary loss to which a claim relates.
(2) The Society may, at its absolute discretion, pay to a person the whole or part of an amount referred to in subsection (1)(c) if satisfied payment is warranted to alleviate hardship, but nothing in this subsection affects section 411.
This Act’s bill:Explanatory statementSecond reading speech
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