Social Security Administration (Northern Ireland) Act 1992

77 Interpretation of Part IV. N.I.

(1) In this Part of this Act—

• “benefit” means any benefit under the Contributions and Benefits Act except child benefit and, subject to regulations under subsection (2) below, the “relevant benefits” are such of those benefits as may be prescribed for the purposes of this Part of this Act;

• “certificate of deduction” means a certificate given by the compensator specifying the amount which he has deducted and paid to the Department in pursuance of section 78 below;

• “certificate of total benefit” means a certificate given by the Department in accordance with this Part of this Act;

• “compensation payment” means any payment falling to be made (whether voluntarily, or in pursuance of a court order or an agreement, or otherwise)—

  (a)

  to or in respect of the victim in consequence of the accident, injury or disease in question, and

  (b)

  either—

  (i)

  by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of that accident, injury or disease; or

  (ii)

  in pursuance of a compensation scheme for motor accidents,

  but does not include benefit or an exempt payment or so much of any payment as is referable to costs incurred by any person;

• “compensation scheme for motor accidents” means any scheme or arrangement under which funds are available for the payment of compensation in respect of motor accidents caused, or alleged to have been caused, by uninsured or unidentified persons;

• “compensator”, “victim” and “intended recipient” shall be construed in accordance with section 78(1) below;

• “payment” means payment in money or money’s worth, and cognate expressions shall be construed accordingly;

• “the recoupment provisions” means this Part and section 101 of the Great Britain Administration Act;

• “relevant deduction” means the deduction required to be made from the compensation payment in question by virtue of the recoupment provisions;

• “relevant payment” means the payment required to be made to the Department by virtue of the recoupment provisions;

• “relevant period” means—

  (a)

  in the case of a disease, the period of 5 years beginning with the date on which the victim first claims a relevant benefit in consequence of the disease; or

  (b)

  in any other case, the period of 5 years immediately following the day on which the accident or injury in question occurred;

  but where before the end of that period the compensator makes a compensation payment in final discharge of any claim made by or in respect of the victim and arising out of the accident, injury or disease, the relevant period shall end on the date on which that payment is made;

• “total benefit” means the gross amount referred to in section 78(1)(a) below.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of this Part of this Act the following are the “exempt payments”—

(a) any small payment, as defined in section 81 below;

(b) any payment made to or for the victim under Article 3 of the M1 Criminal Justice (Northern Ireland) Order 1980 ;

(c) any payment to the extent that it is made—

(i) in consequence of an action under the M2 Fatal Accidents (Northern Ireland) Order 1977; or

(ii) in circumstances where, had an action been brought, it would have been brought under that Order;

(d) without prejudice to section 6(4) of the M3 Vaccine Damage Payments Act 1979 (which provides for the deduction of any such payment in the assessment of any award of damages), any payment made under that Act to or in respect of the victim;

(e) any award of compensation made to or in respect of the victim by the Secretary of State under Article 3 or 10 of the M4 Criminal Injuries (Compensation) (Northern Ireland) Order 1988;

(f) any payment made in the exercise of a discretion out of property held subject to a trust in a case where no more than 50 per cent. by value of the capital contributed to the trust was directly or indirectly provided by persons who are, or are alleged to be, liable in respect of—

(i) the accident, injury or disease suffered by the victim in question; or

(ii) the same or any connected accident, injury or disease suffered by another;

(g) any payment made out of property held for the purposes of any prescribed trust (whether the payment also falls within paragraph (f) above or not);

(h) any payment made to the victim by an insurance company within the meaning of the M5 Insurance Companies Act 1982 under the terms of any contract of insurance entered into between the victim and the company before—

(i) the date on which the victim first claims a relevant benefit in consequence of the disease in question; or

(ii) the occurrence of the accident or injury in question;

(i) any redundancy payment falling to be taken into account in the assessment of damages in respect of an accident, injury or disease.

(4) Regulations may provide that any prescribed payment shall be an exempt payment for the purposes of this Part of this Act.

(5) Except as provided by any other statutory provision, in the assessment of damages in respect of an accident, injury or disease the amount of any relevant benefits paid or likely to be paid shall be disregarded.

(6) If, after making the relevant deduction from the compensation payment, there would be no balance remaining for payment to the intended recipient, any reference in this Part to the making of the compensation payment shall be construed in accordance with regulations.

(7) This Part of this Act shall apply in relation to any compensation payment made after 3rd September 1990 (the date of the coming into operation of Article 24 of the M6 Social Security (Northern Ireland) Order 1989 which, with Schedule 4 to that Order, made provision corresponding to that made by this Part) to the extent that it is made in respect of—

(a) an accident or injury occurring on or after 1st January 1989; or

(b) a disease, if the victim’s first claim for a relevant benefit in consequence of the disease is made on or after that date.

Textual Amendments

F1 S. 77(2) repealed (6.4.1994) by S.I. 1994/766 (N.I. 5), arts. 1, 3(2)

Marginal Citations

M1 S.I. 1980/704 (N.I. 6).

M2 S.I. 1977/1251 (N.I. 18).

M3 1979 c. 17.

M4 S.I. 1988/793 (N.I. 4).

M5 1982 c. 50.

M6 S.I. 1989/1342 (N.I. 13).