Crime and Security Act 2010

50 Payments

(1) The Scheme may make provision determining the amount of payments to be made under it to, or in respect of, persons injured as a result of an act designated under section 47(2) by reference to any or all of the following factors—

(a) the nature of the injury;

(b) loss of earnings resulting from the injury;

(c) expenses that have been or will be incurred as a result of the injury;

(d) any other factors that the Secretary of State considers appropriate.

(2) The Scheme may make provision—

(a) as to the circumstances in which a payment may be withheld or the amount of a payment reduced;

(b) for payments to be repayable in circumstances specified in the Scheme;

(c) for payments to be made subject to conditions;

(d) for payments not to exceed such maximum amounts as may be specified in the Scheme.

(3) Any amount which falls to be repaid by virtue of subsection (2)(b) is recoverable as a debt due to the Crown.

(4) Any sums received by the Secretary of State under any provision of the Scheme made by virtue of subsection (2)(b) are to be paid by the Secretary of State into the Consolidated Fund.

(5) Any assignment (or, in Scotland, assignation) of, or charge on, a payment made under the Scheme, and any agreement to assign or charge such a payment, is void.

(6) On the bankruptcy of an individual to whom a payment is made under the Scheme (or in Scotland, on the sequestration of such an individual’s estate), the payment shall not pass to any trustee or other person acting on behalf of the individual’s creditors.