The Social Security (Recoupment) Regulations 1990,

PART II BENEFITS AND PAYMENTS

Relevant benefits

2.—(1) The following benefits are relevant benefits for the purposes of section 22 of the 1989 Act—

(a) attendance allowance,

(b) disablement benefit (including disablement pensions) payable in accordance with sections 57 to 63 of the principal Act,

(c) family credit,

(d) income support, under Part II of the Social Security Act 1986(1), including personal expenses addition, special transitional additions and transitional addition as defined in the Income Support (Transitional) Regulations 1987(2),

(e) invalidity pension and allowance,

(f) mobility allowance,

(g) benefits payable under schemes made under the Old Cases Act,

(h) reduced earnings allowance,

(i) retirement allowance,

(j) severe disablement allowance,

(k) sickness benefit,

(l) statutory sick pay,

(m) unemployment benefit,

(n) any increase in any of the benefits mentioned above payable in accordance with the Social Security Acts 1975 to 1989 or the Old Cases Act or with any regulations, Order in Council, order or scheme made thereunder.

(2) In paragraph (1) references to, respectively, invalidity pension and allowance, severe disablement allowance, sickness benefit and unemployment benefit include also a reference to any income support paid with each of those benefits on the same instrument of payment, and for this purpose, income support includes personal expenses addition, special transitional additions and transitional addition as defined in the Income Support (Transitional) Regulations 1987.

Small payments

3.—(1) A person shall be exempted from liability to make the relevant deduction or the relevant payment where the amount of the compensation payment in question, or the aggregate amount of 2 or more connected compensation payments, does not exceed £2,500.

(2) Where an amount has been deducted and paid to the Secretary of State which, by virtue of paragraph (1), ought not to have been so deducted and paid, the Secretary of State—

(a) Where he is satisfied that the whole of the amount ought to have been paid to the intended recipient, shall pay the whole of that amount to that person;

or

(b) Where he is not so satisfied, shall either pay the whole of the amount to the compensator or pay to the compensator that part of the amount which he would have been entitled to retain and to the intended recipient that part which he would have been entitled to receive(3)had the amount not been so deducted and paid.

Exempt payments

4.  The following payments shall be exempt payments for the purposes of section 22 of the 1989 Act—

(a) any payment made out of property held for the purpose of the charitable trust called the Macfarlane Trust and established 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) any compensation payment made by British Coal in accordance with the NCB Pneumoconiosis Compensation Scheme set Out in the Schedule to an agreement made on the 13th September 1974 between the National Coal Board, the National Union of Mine Workers, the National Association of Colliery Overmen Deputies and Shot-firers and the British Association of Colliery Management;

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

(d) any contractual amount paid to an employee by an employer of his in respect of a day of incapacity for work.

(1)

1986 c. 50

(2)

S.I. 1987/1969; the relevant amending instruments are S.I. 1988/521, 670, 1989/1626 and 2340.

(3)

See section 2 of the Law Reform (Personal Injuries) Act 1948 (c. 41), as amended by the Social Security Act 1989, Schedule 4, paragraph 22.