SCHEDULES

Section 1.

SCHEDULE 1E+W+S Compensation payments

Part 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 [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).

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.]

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.

Section 8.

SCHEDULE 2E+W+S Calculation of compensation payment

NOTESE+W+S

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.

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).

SCHEDULE 3U.K. Consequential amendments

Law Reform (Personal Injuries) Act 1948 (c. 41)U.K.

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.

Social Security Administration Act 1992 (c. 5)U.K.

2U.K.The Social Security Administration Act 1992 is amended as follows.

3U.K.Part IV is omitted.

F74E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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”.

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 ”.

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).

SCHEDULE 4U.K. Repeals