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

Status:

This is the original version (as it was originally made).

SCHEDULES

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.

Article 10.

SCHEDULE 2CALCULATION OF COMPENSATION PAYMENT

(1)(2)
Head of compensationBenefit

NOTES

1.

(1)

The reference to unemployment benefit also includes any income support paid with that benefit on the same instrument of payment or paid concurrently with that benefit by means of an instrument for benefit payment.

(2)

For the purpose of this Note, income support includes personal expenses addition, special transitional addition and transitional addition as defined in the [S.R. 1987 No. Ireland) 1987. No. 460.] Income Support (Transitional) Regulations (Northern

2.

Any 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.

1.  Compensation for earnings lost during the relevant period

Disability working allowance

Disablement pension payable under section 103 of the Contributions and Benefits 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 Contributions and Benefits Act

3.  Compensation for loss of mobility during the relevant period

Mobility allowance

Mobility component of disability living allowance

Article 31(1).

SCHEDULE 3CONSEQUENTIAL AMENDMENTS

The Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23 (N.I.))

1.  In section 3 (measure of damages, etc.), subsections (1), (1 A) and (3) are omitted.

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

2.  Part IV is omitted.

3.—(1) Section 104 (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 Department under Article 8 of the Social Security (Recovery of Benefits) (Northern Ireland) Order 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) (Northern Ireland) Order 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) (Northern Ireland) Order 1997..

4.  In section 118(1) (regulations as to notification of deaths)—

(a)after “1995” there is inserted “, the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997”, and

(b)after the words “'those Parts” there is inserted “or to that Order”.

5.  In section 143 (general financial arrangements), subsections (1)(e) and (2)(d) are omitted.

6.  In section 144(6) (destination of repayments), the words from “or paid” to “78 above” are omitted.

7.  In section 149(5) (the Social Security Advisory Committee) in the definition of “the relevant enactments”, after paragraph (ab) there is inserted—

(ac)the provisions of the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997; and.

8.  In section 156 (payment of travelling expenses by the Department), after “1995” (in both places) there is inserted “, the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997”.

9.  In section 165(g) (Department of Finance and Personnel approval to regulations and orders)—

(a)paragraph (a) is omitted, and

(b)in paragraph (b), the words “81 or” are omitted.

10.  In section 166(2) (Assembly control of orders and regulations), in paragraph (a) “97(2),” is omitted.

11.  In section 167(1) (interpretation), the definitions of “compensation payment” and “compensator” are omitted.

The Deregulation and Contracting Out (Northern Ireland) Order 1996 (NI 11)

12.  At the end of Article 17(2) (social security: amendments following certain orders) there is added “the Social Security (Recovery of Benefits) Act 1997.”.

Article 31(2).

SCHEDULE 4REPEALS

Chapter or NumberShort titleExtent of repeal
1948 c. 23 (N.I.).The Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948.In section 3, subsections (1), (1A) and (3).
1989 NI 13.The Social Security (Northern Ireland) Order 1989.In Schedule 4, paragraph 22(1) and (2).
1990 NI 15.The Social Security (Northern Ireland) Order 1990.In Schedule 1, paragraph 6.
1992 c. 8.The Social Security Administration (Northern Ireland) Act 1992.Part IV.
In section 104(8), the word “and” immediately preceding paragraph (e).
In section 143, subsections (1)(e) and (2)(d).
In section 144(6), the words from “or paid” to “78 above”.
In section 165(9), paragraph (a), and in paragraph (b), the words “81 or”.
In section 166(2)(a), “97(2),”.
In section 167(1), the definitions of “compensation payment” and “compensator”.
1992 c. 9.The Social Security (Consequential Provisions) (Northern Ireland) Act 1992.In Schedule 2, paragraph 1.
1995 NI 15.The Jobseekers (Northern Ireland) Order 1995.In Schedule 2, paragraphs 35 and 37.

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