PART 6 N.I.CALCULATION OF CAPITAL AND INCOME

CHAPTER 4N.I.MISCELLANEOUS

Special schemes for compensation etc.N.I.

76.—(1) This regulation applies where a person receives a payment from a scheme established or approved by the Secretary of State or from a trust established with funds provided by the Secretary of State for the purpose of—

(a)providing compensation [F1or support] in respect of [F2any of the following] —

(i)a person having been diagnosed with variant Creutzfeldt-Jacob disease or infected from contaminated blood products,

(ii)the bombings in London on 7th July 2005,

(iii)person's who have been interned or suffered forced labour, injury, property loss or loss of a child during the Second World War, F3...

[F4(iv)the terrorist attacks in London on 22nd March 2017 or 3rd June 2017,

(v)the bombing in Manchester on 22nd May 2017, F5...]

F6(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(vii)historic institutional child abuse in the United Kingdom;]

(b)supporting persons with a disability to live independently in their accommodation.

[F8(1A) This regulation also applies where a person receives a payment from—

(a)the National Emergences Trust, registered charity number 1182809;

(b)the Child Migrants Trust, registered charity number 1171479;

F9(c)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(d)the scheme established by the Windrush Compensation Scheme (Expenditure) Act 2020]

[F11(e)the Post Office or the Secretary of State for the purpose of providing compensation or support which is—

(i)in connection with the failings of the Horizon system, or

(ii)otherwise payable following the judgment in Bates and Others v Post Office Limited ((No. 3) “Common Issues”).]

[F12(f)the Victims of Overseas Terrorism Compensation Scheme established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010.]

[F13(1B) This regulation also applies where a person receives a payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower.

(1C) This regulation also applies where a person—

(a)receives a vaccine damage payment or is a person for whose benefit a vaccine damage payment is made;

(b)is the partner of a person referred to in sub-paragraph (a) and receives a payment by or on behalf of that person which is derived from a vaccine damage payment;

(c)was the partner of a person referred to in sub-paragraph (a) immediately before the latter’s death and receives a payment from their estate which is derived from a vaccine damage payment;

(d)in a case where a vaccine damage payment is made to the personal representative of a person (“P”) who was severely disabled as a result of vaccination, the person who was P’s partner immediately before P’s death and receives a payment from P’s estate which is derived from the vaccine damage payment.]

(2) Any such payment, if it is capital, is to be disregarded in the calculation of the person's capital and, if it is income, is to be disregarded in the calculation of the person's income.

[F14(3) In relation to a claim for universal credit made by a person other than the diagnosed or infected person referred to in paragraph (1)(a)(i), a payment received from the scheme or trust or which derives from a payment received from the scheme or trust, is to be disregarded if it would be disregarded in relation to an award of state pension credit by virtue of paragraph 13 or 15 of Schedule 5 to the State Pension Credit Regulations (Northern Ireland) 2003.]

[F15(4) In this regulation—

“the Horizon system” means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X;

“the Post Office” means Post Office Limited (registered number 02154540);

“vaccine damage payment” means a payment made under the Vaccine Damage Payments Act 1979.]

Textual Amendments