SCHEDULES

Section 1.

SCHEDULE 1Compensation payments

Part IExempted payments

1Any small payment (defined in Part II of this Schedule).

2Any payment made to or for the injured person under section 35 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 or section 249 of the [1995 c. 43.] Criminal Procedure (Scotland) Act 1995 (compensation orders against convicted persons).

3Any 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.

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

5Any payment made to the injured person by an insurance company within the meaning of the [1982 c. 50.] Insurance Companies Act 1982 under the terms of any contract of insurance entered into between the injured person and the company before—

(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.

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

7So much of any payment as is referable to costs.

8Any prescribed payment.

Part IIPower 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.

(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 2Calculation of compensation payment

Section 33(1).

SCHEDULE 3Consequential amendments

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

1In 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)

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

3Part IV is omitted.

4(1)Section 110 (appointment and powers of inspectors) is amended as follows.

(2)In subsection (2)(b)(ii), for “relevant” there is substituted “listed”.

(3)In subsections (2)(c)(iii), (6)(a)(iii) and (7)(e)(ii), for “relevant payment” there is substituted “payment to the Secretary of State under section 6 of the [1997 c. 27.] Social Security (Recovery of Benefits) Act 1997”.

(4)In subsection (3)(d)—

(a)in sub-paragraph (i), for “is the compensator in relation to” there is substituted “makes a compensation payment in consequence of”, and

(b)in sub-paragraph (ii), for the words from “any” to the end there is substituted “such a compensation payment has been, may have been, or may be, made”.

(5)In subsection (8), the word “and” immediately preceding paragraph (e) is omitted and after that paragraph there is inserted—

“(f)the Social Security (Recovery of Benefits) Act 1997”.

(6)For subsection (9) there is substituted—

“(9)In this section “compensation payment” and “listed benefit” have the same meaning as in the Social Security (Recovery of Benefits) Act 1997”.

5In section 125(1) (regulations as to notification of deaths), after “1995” there is inserted “the Social Security (Recovery of Benefits) Act 1997”.

6In section 163 (general financial arrangements), subsections (1)(e) and (2)(i) are omitted.

7In section 164(6) (destination of repayments), the words from “or paid” to “82 above” are omitted.

8In section 170(5) (the Social Security Advisory Committee)—

(a)in the definition of “the relevant enactments”, after paragraph (ab) there is inserted—

“(ac)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—

“(ac)any provisions in Northern Ireland which correspond to provisions of the [1997 c. 27.] Social Security (Recovery of Benefits) Act 1997; and”.

9In section 180 (payment of travelling expenses by the Secretary of State), after “1995” (in both places) there is inserted “, the [1997 c. 27.] Social Security (Recovery of Benefits) Act 1997”.

10In section 189(8) (Treasury approval to regulations and orders), the words from “and” to “85 above” are omitted.

11In section 190 (parliamentary control of orders and regulations), in subsection (1)(b), “102(2) or” is omitted.

12In section 191 (interpretation), the definitions of “compensation payment” and “compensator” are omitted.

13In section 192(5) (extent), “section 101” is omitted.

Section 33(2).

SCHEDULE 4Repeals