Social Security (Recovery of Benefits) Act 1997

Section 1.

SCHEDULE 1E+W+S Compensation payments

F1Part IE+W+S Exempted payments

1E+W+SAny small payment (defined in Part II of this Schedule).

2E+W+SAny payment made to or for the injured person under [F2section 130 of the Powers of Criminal Courts (Sentencing) Act] [F32000, [F4or Chapter 2 of Part 7 of the Sentencing Code,] section 8 of the Modern Slavery Act 2015,] [F5section 175 of the Armed Forces Act 2006] or section 249 of the M1Criminal Procedure (Scotland) Act 1995 (compensation orders against convicted persons).

3E+W+SAny payment made in the exercise of a discretion out of property held subject to a trust in a case where no more than 50 per cent. by value of the capital contributed to the trust was directly or indirectly provided by persons who are, or are alleged to be, liable in respect of—

(a)the accident, injury or disease suffered by the injured person, or

(b)the same or any connected accident, injury or disease suffered by another.

4E+W+SAny payment made out of property held for the purposes of any prescribed trust (whether the payment also falls within paragraph 3 or not).

5[F6(1)] Any payment made to the injured person by an [F7insurer] under the terms of any contract of insurance entered into between the injured person and [F8the insurer] before—E+W+S

(a)the date on which the injured person first claims a listed benefit in consequence of the disease in question, or

(b)the occurrence of the accident or injury in question.

[F9(2)“Insurer” means—

(a)a person who has permission under [F10Part 4A] of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance; or

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Sub-paragraph (2) must be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act.]

6E+W+SAny redundancy payment falling to be taken into account in the assessment of damages in respect of an accident, injury or disease.

7E+W+SSo much of any payment as is referable to costs.

8E+W+SAny prescribed payment.

Part IIE+W+S Power to disregard small payments

9(1)Regulations may make provision for compensation payments to be disregarded for the purposes of sections 6 and 8 in prescribed cases where the amount of the compensation payment, or the aggregate amount of two or more connected compensation payments, does not exceed the prescribed sum.E+W+S

(2)A compensation payment disregarded by virtue of this paragraph is referred to in paragraph 1 as a “small payment”.

(3)For the purposes of this paragraph—

(a)two or more compensation payments are “connected” if each is made to or in respect of the same injured person and in respect of the same accident, injury or disease, and

(b)any reference to a compensation payment is a reference to a payment which would be such a payment apart from paragraph 1.