Search Legislation

The Local Government (Discretionary Payments) Regulations 1996

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)


This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Considerations in determining amount of benefits

38.—(1) In determining the amount of an allowance under regulation 34 or 35 or of an allowance or a lump sum under regulation 37, the relevant employer is to have regard to all the circumstances of the case, including the matters specified in paragraph (2) (except in so far as they are excluded by paragraph (3)).

(2) The matters mentioned in paragraph (1) are—

(a)any right to benefit under Part V of the Social Security Contributions and Benefits Act 1992(1);

(b)any other statutory right to benefit or compensation;

(c)any right to receive pension benefit (whether payable under an enactment or otherwise); and

(d)any damages recovered and any sum received by virtue of a contract of insurance.

(3) In the case of an allowance or a lump sum which is payable by virtue of a person having sustained an injury, no regard shall be had—

(a)to any benefit payable periodically which the person was entitled to be paid before the injury was sustained;

(b)to any right which accrued before that time; or

(c)to any damages or sum received by virtue of such a right.

Back to top


Print Options


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.


Opening Options

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


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