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Taxes Consolidation Act, 1997 (Number 39 of 1997)

192 Payments in respect of thalidomide children.

[FA73 s19(1) and (2); FA78 s7]

(1) This section shall apply to any payment made by the Minister for Health and Children or by the foundation known as [4]>Hilfswerk für behinderte Kinder<[4][4]>Conterganstiftung für behinderte Menschen<[4] to or in respect of any individual handicapped by reason of infirmity which can be linked with the taking by the individual’s mother during her pregnancy of preparations containing thalidomide.

(2) Income which—

(a) consists of a payment to which this section applies, or

(b) arises to a person to or in respect of whom payments to which this section applies are made, from the investment in whole or in part of such payments or of the income derived from such payments, being income consisting of dividends or other income which but for this section would be chargeable to tax under Schedule C or under Case III, IV [1]>(by virtue of section 59)<[1][1]>(by virtue of [3]>section 59 or section 745<[3][3]>section 59, 745 or 747E<[3])<[1] or V of Schedule D or under Schedule F,

shall be exempt from income tax and shall not be reckoned in computing total income for the purposes of the Income Tax Acts; but the provisions of those Acts relating to the making of returns of total income shall apply as if this section had not been enacted.


(3) Gains which accrue to a person, to or in respect of whom payments to which this section applies are made, from the disposal of—

(a) assets acquired with such payments,

(b) assets acquired with income exempted from income tax under subsection (2), or

(c) assets acquired directly or indirectly with the proceeds from the disposal of assets referred to in paragraphs (a) and (b),

shall not be chargeable gains for the purposes of the Capital Gains Tax Acts.

(4) For the purposes of computing whether by virtue of this section a gain is, in whole or in part, a chargeable gain, or whether income is, in whole or in part, exempt from income tax, all such apportionments shall be made as are, in the circumstances, just and reasonable.



[-] [+]

Substituted by FA99 s13(b).



Inserted by FA04 s17(1)(d). This section applies for the year of assessment 2004 and subsequent years of assessment.


[-] [+]

Substituted by FA07 s11(c).


[-] [+]

Substituted by FA11 sched3(1)(b). Has effect as on and from 6 February 2011.