Earnings, etc. in relation to compensation7
1
Where the victim of a criminal injury survives, the com-pensation payable in respect of the matter mentioned in Article 3(2)(a)(ii) shall be determined on the basis of a weekly rate which shall have regard to all relevant circumstances, and, in particular, to his actual earnings, if any, during the 6 months immediately preceding the date on which the criminal injury was sustained.
2
Where the victim of a criminal injury dies, the compensation payable in respect of the matter mentioned in Article 3(3)(a)(ii) shall be determined—
a
having regard to the total annual income of the victim, both earned and unearned;
b
without regard to the [1977 NI 18] Fatal Accidents (Northern Ireland) Order 1977 or to part III of the [1937 c. 9 (N.I.)] Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937; and
c
save as expressly provided by this Order, without reference to any loss or gain to his estate consequent on the injury.
3
In calculating the compensation payable to the relatives of a victim who dies, he shall, until the contrary is proved, be taken to have spent one-fifth of his income on himself.
4
In this Article “income” means the amount of a person’s income after taking account of—
a
income tax;
b
social security contributions payable under the laws of any part of the United Kingdom or similar contributions payable under the laws of any other country, state or territory;
c
in the case of an employed person, any amount deducted from his remuneration by his employer by way of superannuation contributions.