Search Legislation

The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997

Status:

This is the original version (as it was originally made).

Article 3.

SCHEDULE 1COMPENSATION PAYMENTS

PART IEXEMPTED PAYMENTS

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

2.  Any payment made to or for the injured person under Article 14 of the [1994 NI 15.] Criminal Justice (Northern Ireland) Order 1994 (compensation orders against convicted persons).

3.  Any 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.

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

5.  Any 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.

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

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

8.  Any prescribed payment.

PART IIPOWER TO DISREGARD SMALL PAYMENTS

9.—(1) Regulations may make provision for compensation payments to be disregarded for the purposes of Articles 8 and 10 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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources