Section 1.
1E+W+SAny small payment (defined in Part II of this Schedule).
2E+W+SAny payment made to or for the injured person under [F1section 130 of the Powers of Criminal Courts (Sentencing) Act 2000] or section 249 of the M1Criminal Procedure (Scotland) Act 1995 (compensation orders against convicted persons).
Textual Amendments
F1Words in Sch. 1 para. 2 substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 181
Marginal Citations
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[F2(1)] Any payment made to the injured person by an [F3insurer] under the terms of any contract of insurance entered into between the injured person and [F4the 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.
[F5(2)“Insurer” means—
(a)a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance; or
(b)an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of insurance.
(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.]
Textual Amendments
F2Sch. 1 para. 5 re-numbered as Sch. 1 para. 5(1) (1.12.2001) by S.I. 2001/3649, arts. 1, 358(2)
F3Word in Sch. 1 para. 5(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 358(3)(a)
F4Word in Sch. 1 para. 5(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 358(3)(b)
F5Sch. 1 para. 5(2)(3) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 358(4)
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.
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.
Section 8.
| (1) | (2) |
|---|---|
| Head of compensation | Benefit |
| 1. Compensation for earnings lost during the relevant period | F6. . . |
| Disablement pension payable under section 103 of the 1992 Act | |
| Incapacity benefit | |
| Income support | |
| Invalidity pension and allowance | |
| Jobseeker’s allowance | |
| Reduced earnings allowance | |
| Severe disablement allowance | |
| Sickness benefit | |
| Statutory sick pay | |
| Unemployability supplement | |
| Unemployment benefit | |
| 2. Compensation for cost of care incurred during the relevant period | Attendance allowance |
| Care component of disability living allowance | |
| Disablement pension increase payable under section 104 or 105 of the 1992 Act | |
| 3. Compensation for loss of mobility during the relevant period | Mobility allowance |
| Mobility component of disability living allowance |
Textual Amendments
F6Words in Sch. 2 column 2 repealed (5.10.1999) by 1999 c. 10, ss. 2, 19(4), Sch. 2 Pt. IV para. 18(1)(a) (2), Sch. 6
1(1)References to incapacity benefit, invalidity pension and allowance, severe disablement allowance, sickness benefit and unemployment benefit also include any income support paid with each of those benefits on the same instrument of payment or paid concurrently with each of those benefits by means of an instrument for benefit payment.
(2)For the purpose of this Note, income support includes personal expenses addition, special transitional additions and transitional addition as defined in the M2Income Support (Transitional) Regulations 1987.
Marginal Citations
2E+W+SAny reference to statutory sick pay—
(a)includes only 80 per cent. of payments made between 6th April 1991 and 5th April 1994, and
(b)does not include payments made on or after 6th April 1994.
3E+W+SIn this Schedule “the 1992 Act” means the M3Social Security Contributions and Benefits Act 1992.
Section 33(1).
Extent Information
1U.K.In section 2 of the Law Reform (Personal Injuries) Act 1948 (assessment of damages in personal injuries actions) subsections (1), (1A), (3) and (6) are omitted.
2U.K.The Social Security Administration Act 1992 is amended as follows.
3U.K.Part IV is omitted.
F74E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Sch. 3 para. 4 repealed (2.4.2001) by 2000 c. 19, s. 85, Sch. 9 Pt. VI (with s. 83(6)); S.I. 2001/1252, art. 2(1)(e)
5U.K.In section 125(1) (regulations as to notification of deaths), after “1995” there is inserted “ the Social Security (Recovery of Benefits) Act 1997 ”.
6U.K.In section 163 (general financial arrangements), subsections (1)(e) and (2)(i) are omitted.
7U.K.In section 164(6) (destination of repayments), the words from “or paid” to “82 above” are omitted.
8U.K.In section 170(5) (the Social Security Advisory Committee)—
(a)in the definition of “the relevant enactments”, after paragraph (ab) there is inserted—
the provisions of the Social Security (Recovery of Benefits) Act 1997; and”, and
(b)in the definition of “the relevant Northern Ireland enactments”, after paragraph (ab) there is inserted—
any provisions in Northern Ireland which correspond to provisions of the M4Social Security (Recovery of Benefits) Act 1997; and”.
Marginal Citations
9U.K.In section 180 (payment of travelling expenses by the Secretary of State), after “1995” (in both places) there is inserted “ , the M5Social Security (Recovery of Benefits) Act 1997 ”.
Marginal Citations
10U.K.In section 189(8) (Treasury approval to regulations and orders), the words from “and” to “85 above” are omitted.
11U.K.In section 190 (parliamentary control of orders and regulations), in subsection (1)(b), “102(2) or” is omitted.
12U.K.In section 191 (interpretation), the definitions of “compensation payment” and “compensator” are omitted.
13U.K.In section 192(5) (extent), “section 101” is omitted.
Section 33(2).
Extent Information
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 1948 c. 41. | The Law Reform (Personal Injuries) Act 1948. | In section 2, subsections (1), (1A), (3) and (6). |
| 1985 c.66. | The Bankruptcy (Scotland) Act 1985. | In section 31(8), the words “and to section 89(2) of the Social Security Administration Act 1992”. |
| 1992 c. 5. | The Social Security Administration Act 1992. | Part IV. |
| In section 110(8), the word “and” immediately preceding paragraph (e). | ||
| In section 163, subsections (1)(e) and (2)(i). | ||
| In section 164(6), the words from “or paid” to “82 above”. | ||
| In section 189(8), the words from “and” to “85 above”. | ||
| In section 190(1)(b), “102(2) or”. | ||
| In section 191, the definitions of “compensation payment” and “compensator”. | ||
| In section 192(5), “section 101”. | ||
| 1995 c. 18. | The Jobseekers Act 1995. | In Schedule 2, paragraphs 52 and 54. |