Social Security (Recovery of Benefits) Act 1997

SCHEDULES

Section 1.

SCHEDULE 1 E+W+S Compensation payments

Modifications etc. (not altering text)

C1 Sch. 1 applied (with modifications) (1.10.2008) by Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 (S.I. 2008/1596), regs. 1(1), 2, Sch. 1 (with reg. 6)

Part I E+W+S Exempted payments

1 E+W+S Any small payment (defined in Part II of this Schedule).

2 E+W+S Any payment made to or for the injured person under [F1 section 130 of the Powers of Criminal Courts (Sentencing) Act 2000] or section 249 of the M1 Criminal Procedure (Scotland) Act 1995 (compensation orders against convicted persons).

Textual Amendments

F1 Words in Sch. 1 para. 2 substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 181

Marginal Citations

M1 1995 c. 43.

3 E+W+S 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—

(a) the accident, injury or disease suffered by the injured person, or

(b) the same or any connected accident, injury or disease suffered by another.

4 E+W+S Any payment made out of property held for the purposes of any prescribed trust (whether the payment also falls within paragraph 3 or not).

5 [F2 (1)] Any payment made to the injured person by an [F3 insurer] under the terms of any contract of insurance entered into between the injured person and [F4 the insurer] before— E+W+S

(a) the date on which the injured person first claims a listed benefit in consequence of the disease in question, or

(b) the occurrence of the accident or injury in question.

[F5 (2) “Insurer” means—

(a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance; or

(b) an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of insurance.

(3) Sub-paragraph (2) must be read with—

(a) section 22 of the Financial Services and Markets Act 2000;

(b) any relevant order under that section; and

(c) Schedule 2 to that Act.]

Textual Amendments

F2 Sch. 1 para. 5 re-numbered as Sch. 1 para. 5(1) (1.12.2001) by S.I. 2001/3649, arts. 1, 358(2)

F3 Word in Sch. 1 para. 5(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 358(3)(a)

F4 Word in Sch. 1 para. 5(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 358(3)(b)

F5 Sch. 1 para. 5(2)(3) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 358(4)

6 E+W+S Any redundancy payment falling to be taken into account in the assessment of damages in respect of an accident, injury or disease.

7 E+W+S So much of any payment as is referable to costs.

8 E+W+S Any prescribed payment.

Part II E+W+S Power to disregard small payments

9 (1) Regulations may make provision for compensation payments to be disregarded for the purposes of sections 6 and 8 in prescribed cases where the amount of the compensation payment, or the aggregate amount of two or more connected compensation payments, does not exceed the prescribed sum. E+W+S

(2) A compensation payment disregarded by virtue of this paragraph is referred to in paragraph 1 as a “small payment”.

(3) For the purposes of this paragraph—

(a) two or more compensation payments are “connected” if each is made to or in respect of the same injured person and in respect of the same accident, injury or disease, and

(b) any reference to a compensation payment is a reference to a payment which would be such a payment apart from paragraph 1.

Section 8.

SCHEDULE 2 E+W+S Calculation of compensation payment

(1)	(2)
Head of compensation	Benefit
1. Compensation for earnings lost during the relevant period	F6 . . .
	Disablement pension payable under section 103 of the 1992 Act
	[F7 Employment and support allowance]
	Incapacity benefit
	Income support
	Invalidity pension and allowance
	Jobseeker’s allowance
	Reduced earnings allowance
	Severe disablement allowance
	Sickness benefit
	Statutory sick pay
	Unemployability supplement
	Unemployment benefit
2. Compensation for cost of care incurred during the relevant period	Attendance allowance
	Care component of disability living allowance
	Disablement pension increase payable under section 104 or 105 of the 1992 Act
3. Compensation for loss of mobility during the relevant period	Mobility allowance
	Mobility component of disability living allowance

Textual Amendments

F6 Words in Sch. 2 column 2 repealed (5.10.1999) by 1999 c. 10, ss. 2, 19(4), Sch. 2 Pt. IV para. 18(1)(a) (2), Sch. 6

F7 Sch. 2 entry inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 50(3)

NOTES E+W+S

1 (1) References to incapacity benefit, invalidity pension and allowance, severe disablement allowance, sickness benefit and unemployment benefit also include any income support paid with each of those benefits on the same instrument of payment or paid concurrently with each of those benefits by means of an instrument for benefit payment.

(2) For the purpose of this Note, income support includes personal expenses addition, special transitional additions and transitional addition as defined in the M2 Income Support (Transitional) Regulations 1987.

Marginal Citations

M2 S.I. 1987/1969.

2 E+W+S Any reference to statutory sick pay—

(a) includes only 80 per cent. of payments made between 6th April 1991 and 5th April 1994, and

(b) does not include payments made on or after 6th April 1994.

3 E+W+S In this Schedule “the 1992 Act” means the M3 Social Security Contributions and Benefits Act 1992.

Marginal Citations

M3 1992 c. 4.

Section 33(1).

SCHEDULE 3 E+W+S Consequential amendments

Extent Information

E1 Sch. 3 extends to N.I. so far as it relates to any enactment extending there, see s. 34(3)

Law Reform (Personal Injuries) Act 1948 (c. 41) E+W+S

1 E+W+S In section 2 of the Law Reform (Personal Injuries) Act 1948 (assessment of damages in personal injuries actions) subsections (1), (1A), (3) and (6) are omitted.

Social Security Administration Act 1992 (c. 5) E+W+S

2 E+W+S The Social Security Administration Act 1992 is amended as follows.

3 E+W+S Part IV is omitted.

F8 4 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 3 para. 4 repealed (2.4.2001) by 2000 c. 19, s. 85, Sch. 9 Pt. VI (with s. 83(6)); S.I. 2001/1252, art. 2(1)(e)

5 E+W+S In section 125(1) (regulations as to notification of deaths), after “1995” there is inserted “ the Social Security (Recovery of Benefits) Act 1997 ”.

6 E+W+S In section 163 (general financial arrangements), subsections (1)(e) and (2)(i) are omitted.

7 E+W+S In section 164(6) (destination of repayments), the words from “or paid” to “82 above” are omitted.

8 E+W+S In section 170(5) (the Social Security Advisory Committee)—

(a) in the definition of “the relevant enactments”, after paragraph (ab) there is inserted—

“(ac)

the provisions of the Social Security (Recovery of Benefits) Act 1997; and”, and

(b) in the definition of “the relevant Northern Ireland enactments”, after paragraph (ab) there is inserted—

“(ac)

any provisions in Northern Ireland which correspond to provisions of the M4 Social Security (Recovery of Benefits) Act 1997; and”.

Marginal Citations

M4 1997 c. 27.

9 E+W+S In section 180 (payment of travelling expenses by the Secretary of State), after “1995” (in both places) there is inserted “ , the M5 Social Security (Recovery of Benefits) Act 1997 ”.

Marginal Citations

M5 1997 c. 27.

10 E+W+S In section 189(8) (Treasury approval to regulations and orders), the words from “and” to “85 above” are omitted.

11 E+W+S In section 190 (parliamentary control of orders and regulations), in subsection (1)(b), “102(2) or” is omitted.

12 E+W+S In section 191 (interpretation), the definitions of “compensation payment” and “compensator” are omitted.

13 E+W+S In section 192(5) (extent), “section 101” is omitted.

Section 33(2).

SCHEDULE 4 E+W+S Repeals

Extent Information

E2 Sch. 4 extends to N.I. so far as it relates to any enactment extending there, see s. 34(3)

Chapter	Short title	Extent of repeal
1948 c. 41.	The Law Reform (Personal Injuries) Act 1948.	In section 2, subsections (1), (1A), (3) and (6).
1985 c.66.	The Bankruptcy (Scotland) Act 1985.	In section 31(8), the words “and to section 89(2) of the Social Security Administration Act 1992”.
1992 c. 5.	The Social Security Administration Act 1992.	Part IV.
		In section 110(8), the word “and” immediately preceding paragraph (e).
		In section 163, subsections (1)(e) and (2)(i).
		In section 164(6), the words from “or paid” to “82 above”.
		In section 189(8), the words from “and” to “85 above”.
		In section 190(1)(b), “102(2) or”.
		In section 191, the definitions of “compensation payment” and “compensator”.
		In section 192(5), “section 101”.
1995 c. 18.	The Jobseekers Act 1995.	In Schedule 2, paragraphs 52 and 54.