The Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008

Exempted trusts and payments E+W+S

7.—(1) The following trusts are prescribed for the purposes of paragraph 4 of Schedule 1 to the Act—

(a) the Macfarlane Trust established on 10th March 1988 partly out of funds provided by the Secretary of State to the Haemophilia Society for the relief of poverty or distress among those suffering from haemophilia;

(b) the Macfarlane (Special Payments) Trust established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;

(c) the Macfarlane (Special Payments) (No. 2) Trust established on 3rd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;

(d) the Eileen Trust established on 29th March 1993 out of funds provided by the Secretary of State, for the benefit of persons eligible for payment in accordance with its provisions;

(e) a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for interim payments in accordance with its provisions;

(f) a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments, other than interim payments, in accordance with its provisions.

[F1 (g) the UK Asbestos Trust established on 10th October 2006 for the benefit of certain persons suffering from asbestos-related diseases [F2 provided that any payment made in respect of diffuse mesothelioma out of this Trust is not made to or in respect of a person who has received a payment under the Diffuse Mesothelioma Payment Scheme];

(h) the EL Scheme Trust established on 23rd November 2006 for the benefit of certain persons suffering from asbestos-related diseases.]

(2) The following payments are prescribed for the purposes of paragraph 8 of Schedule 1 to the Act—

(a) any payment made under the Vaccine Damage Payments Act 1979 M1 to or in respect of P;

(b) any award of compensation made to or in respect of P under the Criminal Injuries Compensation Act 1995 M2 or by the Criminal Injuries Compensation Board under the Criminal Injuries Compensation Scheme 1990 or any earlier scheme or under the Criminal Injuries Compensation (Northern Ireland) Order 2002 M3 ;

(c) any payment made to P in respect of sensorineural hearing loss where the loss is less than 50 decibels in one or both ears;

(d) any contractual amount paid to P by an employer of P in respect of a period of incapacity for work;

(e) any payment made under the National Health Service (Injury Benefits) Regulations 1995 M4 , the National Health Service (Scotland) (Injury Benefits) Regulations 1998 M5 or the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001 M6 ;

(f) any payment made by or on behalf of the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by the Secretary of State on 24th April 1992 or, in Scotland, on 10th April 1992;

(g) any payment made from the Skipton Fund, the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme's provisions;

(h) any payment made from the London Bombings Relief Charitable Fund, the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005.

[F3 (i) any payment made by MFET Limited, the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products.]

[F4 (j) any payment made from the Caxton Foundation, the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions.]

[F5 (k) any payment made from the Scottish Infected Blood Support Scheme administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978).]

[F6 (l) any payment made from a scheme established or approved by the Secretary of State or trust established with funds provided by the Secretary of State for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;

(m) any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.]

[F7 (n) any payment of victims’ payments, or of a lump sum, under the Victims’ Payments Regulations 2020.]

[F8 (o) any payment made under the Windrush Compensation Scheme (Expenditure) Act 2020.]

[F9 (p) any payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower;

(q) any payment made by the Post Office or the Secretary of State for the purpose of providing compensation or support which is—

(i) in connection with the failings of the Horizon system; or

(ii) otherwise payable following the judgment in Bates and Others v Post Office Ltd ((No. 3) “Common Issues”).]

[F10 (3) In this regulation—

“the Horizon system” means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X;

“the Post Office” means Post Office Limited (registered number 02154540).]

Textual Amendments

F1 Reg. 7(1)(g) - Reg. 7(1)(h) added (13.7.2009) by Social Security (Recovery of Benefits) (Lump Sum Payments) (Amendment) Regulations 2009 (S.I. 2009/1494), regs. 1, 2(2)

F2 Words in reg. 7(1)(g) inserted (1.7.2014) by The Social Security (Recovery of Benefits) (Lump Sum Payments) (Amendment) Regulations 2014 (S.I. 2014/1456), reg. 1(2), Sch. para. 6

F3 Reg. 7(2)(i) added (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 13

F4 Reg. 7(2)(j) added (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 24

F5 Reg. 7(2)(k) added (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 9

F6 Reg. 7(2)(l)(m) added (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 9

F7 Reg. 7(2)(n) inserted (29.5.2020) by The Victims Payments Regulations 2020 (S.I. 2020/103), regs. 1(3), 27(3)

F8 Reg. 7(2)(o) inserted (1.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 (S.I. 2021/1405), regs. 1, 10

F9 Reg. 7(2)(p)(q) inserted (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/640), regs. 1(1), 10(a)

F10 Reg. 7(3) inserted (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/640), regs. 1(1), 10(b)

Marginal Citations

M1 1979 c.17.

M2 1995 c. 53.

M3 S.I. 2002/796 (N.I. 1).

M4 S.I. 1995/866.

M5 S.I. 1998/1594 (S. 84).

M6 S.R. 2001 No. 367.