The Social Security Amendment (Personal Injury Payments) Regulations 2002

Disregard of personal injury payments as income

3.—(1) In each of the provisions specified in paragraph (2) below—

(a) in sub-paragraph (1), for the words “charitable payment or of any voluntary payment” there shall be substituted the words “relevant payment”;

(b) in sub-paragraph (2), for the words “charitable payment or voluntary payment” there shall be substituted the words “relevant payment”;

(c) in sub-paragraph (4), for the words “charitable or voluntary payments” there shall be substituted the words “relevant payments”;

(d) after sub-paragraph (5), there shall be added as sub-paragraph (6) in the provisions specified in paragraph (2)(a) and (b) below and as sub-paragraph (5A) in the provisions specified in paragraph (2)(c) and (d) below, the following sub-paragraph—

• “In this paragraph, “relevant payment” means—

  (a)

  a charitable payment;

  (b)

  a voluntary payment;

  (c)

  a payment (not falling within sub-paragraph (a) or (b) above) from a trust whose funds are derived from a payment made in consequence of any personal injury to the claimant;

  (d)

  a payment under an annuity purchased—

  (i)

  pursuant to any agreement or court order to make payments to the claimant; or

  (ii)

  from funds derived from a payment made,

  in consequence of any personal injury to the claimant; or

  (e)

  a payment (not falling within sub-paragraphs (a) to (d) above) received by virtue of any agreement or court order to make payments to the claimant in consequence of any personal injury to the claimant.”

(2) The provisions specified for the purposes of paragraph (1) above (which relate to sums to be disregarded in the calculation of income other than earnings) are—

(a) paragraph 13 of Schedule 4 to the Council Tax Benefit Regulations(1);

(b) paragraph 13 of Schedule 4 to the Housing Benefit Regulations(2);

(c) paragraph 15 of Schedule 9 to the Income Support Regulations(3);

(d) paragraph 15 of Schedule 7 to the Jobseeker’s Allowance Regulations(4).

(1)

The relevant amending instruments are S.I. 1993/688 and 1996/462.

(2)

The relevant amending instruments are S.I. 1990/1775, 1991/1599 and 2693, 1993/317 and 1996/462.

(3)

The relevant amending instruments are S.I. 1990/547, 1991/1559 and 2693, 1993/315 and 2119, 1996/462 and 2001/3767.

(4)

The relevant amending instrument is S.I. 2001/3767.