The National Health Service (Scotland) (Injury Benefits) Regulations 1998

Benefits not assignable

20.—(1) Any assignation of, or charge on or security over, or any agreement to assign or charge or grant a security over, any right to benefit under these Regulations is void.

(2) On the bankruptcy or sequestration of any person entitled to a benefit under these Regulations, no part of the benefit shall be paid to any trustee or other person acting on behalf of the creditors, except as provided for in paragraph (3).

(3) Where, following the bankruptcy or sequestration of any person entitled to a benefit under these Regulations, the court makes an income payments order under section 32(2) and (4) of the Bankruptcy (Scotland) Act 1985(1) or under section 310 of the Insolvency Act 1986(2) (income payment orders) that requires the Secretary of State to pay all or part of the benefit to the person’s trustee in bankruptcy, the Secretary of State shall comply with that order.

(1)

1985 c. 66; section 32 was amended by the Child Support Act 1991 (c. 48), Schedule 5 and by the Pensions Act 1995 (c. 26), Schedule 3.

(2)

1986 c. 45; section 310 was amended by the Pensions Act 1995, Schedule 3.