The Victims’ Payments Regulations 2020

Adjustment in respect of other payments

19.—(1) Payments of victims’ payments to a person are to be reduced by the aggregate amount of relevant payments received by that person—

(a) in respect of the same disablement to which the victims’ payments relate, and

(b) while the person is entitled to victims’ payments.

(2) For the purpose of this regulation, “relevant payments” means any of the following—

(a) disablement pension under—

(i) section 103 of the Social Security Contributions and Benefits Act 1992(1) (disablement pension);

(ii) section 103 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(2) (disablement pension);

(b) any retired pay, pension, allowance or other continuing benefit awarded under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 in respect of a disablement;

(c) any payments under article 15(1) or article 29(1) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011(3) (benefits payable for injury and death);

(d) any pension, award, allowance or other continuing benefit awarded under the Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006(4) in respect of injury received in the execution of duty;

(e) an ill-health pension under article 15 of the Firefighters’ Pension Scheme Order (Northern Ireland) 2007(5) or a pension payable under that Order in respect of disablement;

(f) an award on ill-health retirement under article 12 of the New Firefighters’ Pension Scheme Order (Northern Ireland) 2007(6) or a pension payable under that Order in respect of disablement;

(g) any pension, allowance, gratuity or other payment awarded under the Civil Service Compensation Scheme 1994;

(h) any pension, allowance, gratuity or other payment awarded under the Civil Service Compensation Scheme (Northern Ireland) made under Article 3 of the Superannuation (Northern Ireland) Order 1972(7) on the 28th August 1996, as amended from time to time;

(i) any pension, allowance, gratuity or other payment awarded under the Civil Service Injury Benefit Scheme (Northern Ireland) made under article 3 of the Superannuation (Northern Ireland) Order 1972 and published on 1 January 2003, as amended from time to time;

(j) any pension, allowance, gratuity or other payment awarded under the Civil Service Injury Benefits Scheme made on 22 July 2002 under section 1 of the Superannuation Act 1972, as amended from time to time;

(k) any payment made under the National Health Service (Scotland) (Injury Benefits) Regulations 1998(8), the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001(9) or the National Health Service (Injury Benefits) Regulations 1995(10);

(l) any benefit that is equivalent or substantially similar to those listed in sub-paragraphs (a)-(k) above (including benefits awarded under the legislation of another country or dependent territory).

(1)

1992 c. 4; Section 103 was amended by section 64(1)(b) of the Welfare Reform Act 2012 (c. 5).

(2)

1992 c. 7; Section 103 was amended by S.I 2015/2006 (N.I.1).

(3)

S.I. 2011/517; relevant amending instruments are S.I. 2011/2552, 2013/436.

(4)

S.I. 2006/268.

(5)

S.R. 2007 No. 144.

(6)

S.R. 2007 No. 215; amended by S.R. 2008 No. 381, 2015 No.9,

(7)

S.I. 1972/1073 (N.I. 10)

(8)

1998 No. 1594 (S. 84).

(9)

S.R. 2001 No. 365.

(10)

S.I. 1995/866.