The Social Security (Personal Injury Payments Amendment) Regulations (Northern Ireland) 2002

Disregard of personal injury payments as income

3.—(1) In each of the provisions specified in paragraph (2) –

(a) in sub-paragraph (1), for “charitable payment or of any voluntary payment” there shall be substituted “relevant payment”;

(b) in sub-paragraph (2), for “charitable payment or voluntary payment” there shall be substituted “relevant payment”;

(c) in sub-paragraph (4), for “charitable or voluntary payments” there shall be substituted “relevant payments”;

(d) after sub-paragraph (5), there shall be added as sub-paragraph (6) in the provision specified in paragraph (2)(a) and as sub-paragraph (5A) in the provisions specified in paragraph (2)(b) and (c), the following sub-paragraph –

• “In this paragraph, “relevant payment” means –

  (a)

  a charitable payment;

  (b)

  a voluntary payment;

  (c)

  a payment (not falling within sub-paragraph (a) or (b)) from a trust whose funds are derived from a payment made in consequence of any personal injury to the claimant;

  (d)

  a payment under an annuity purchased –

  (i)

  pursuant to any agreement or court order to make payments to the claimant; or

  (ii)

  from funds derived from a payment made,

  in consequence of any personal injury to the claimant; or

  (e)

  a payment (not falling within sub-paragraphs (a) to (d)) received by virtue of any agreement or court order to make payments to the claimant in consequence of any personal injury to the claimant.”.

(2) The provisions specified for the purposes of paragraph (1) (which relate to sums to be disregarded in the calculation of income other than earnings) are –

(a) paragraph 15 of Schedule 4 to the Housing Benefit Regulations(1);

(b) paragraph 15 of Schedule 9 to the Income Support Regulations(2);

(c) paragraph 15 of Schedule 6 to the Jobseeker’s Allowance Regulations(3).

(1)

Paragraph 15 was substituted by regulation 11(a) of S.R. 1990 No. 345 and amended by regulation 12(a) of S.R. 1993 No. 145 and regulation 7(b) of S.R. 1996 No. 93

(2)

Paragraph 15 was substituted by regulation 20(a) of S.R. 1990 No. 131 and amended by paragraph 1(7)(a) of Schedule 1 to S.R. 1993 No. 149, regulation 4(22)(b) of S.R. 1993 No. 373, regulation 4(9)(a) of S.R. 1994 No. 77, regulation 7(a) of S.R. 1996 No. 93 and paragraph 17(b) of Part I of the Schedule to S.R. 2002 No. 132

(3)

Paragraph 15 was amended by paragraph 23(b) of Part II of the Schedule to S.R. 2002 No. 132