The Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997

Exempted trusts and payments

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

(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.

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

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

(i) in consequence of an action under the Fatal Accidents Act 1976(1) or the Fatal Accidents (Northern Ireland) Order 1977(2), or

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

(b) any payment to the extent that it is made in respect of a liability arising by virtue of section 1 of the Damages (Scotland) Act 1976(3);

(c) any payment made under the Vaccine Damage Payments Act 1979(4) to or in respect of the injured person;

(d) any award of compensation made to or in respect of the injured person under the Criminal Injuries (Compensation) (Northern Ireland) Order 1988(5), the Criminal Injuries Compensation Act 1995(6) or by the Criminal Injuries Compensation Board under the Criminal Injuries Compensation Scheme 1990 or any earlier scheme;

(e) any compensation payment made by British Coal in accordance with the National Coal Board Pneumoconiosis Compensation Scheme set out in the Schedule to an agreement made on 13th September 1974 between the National Coal Board, the National Union of Mine Workers, the National Association of Colliery Overmen Deputies and Shotfirers and the British Association of Colliery Management;

(f) any payment made to the injured person in respect of sensorineural hearing loss where the loss is less than 50dB in one or both ears;

(g) any contractual amount paid to an employee by an employer of his in respect of a period of incapacity for work;

(h) any payment made under the National Health Service (Scotland) (Injury Benefits) Regulations 1974(7), the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 1975(8) or the National Health Service (Injury Benefits) Regulations 1995(9);

(i) 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 him on 24th April 1992 or, in Scotland, on 10th April 1992.

(1)

1976 c. 30

(2)

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

(3)

1976 c. 13

(4)

1979 c. 17

(5)

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

(6)

1995 c. 53

(7)

S.I. 1974/1838

(8)

S.R. 1975 No. 85

(9)

S.I. 1995/866