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LEGAL PROFESSION ACT 2006 - SECT 342 Reduction of claim because of other benefits

LEGAL PROFESSION ACT 2006 - SECT 342

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—

        (a)     that have already been paid to or received by the person; or

        (b)     that have already been decided and are payable to or receivable by the person; or

        (c)     that (in the opinion of the law society council) are likely to be paid to or received by the person; or

        (d)     that (in the opinion of the law society council) might, but for the person's neglect or failure, 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 law society council may, at its absolute discretion, pay to a person all or part of an amount mentioned in subsection (1) (c) if satisfied that payment is justified to alleviate hardship.

    (3)     Subsection (2) does not affect section 344 (Repayment of certain amounts paid from fidelity fund).