SCHEDULE 6E+W+SCapital to be disregarded

Modifications etc. (not altering text)

[F114A.(1) Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.E+W+S

(2) But sub-paragraph (1)—

(a)applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;

(b)does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);

(c)ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;

(d)does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.

(3) For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.

(4) References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).]

Textual Amendments

F1Sch. 6 para. 14A inserted (for specified purposes and with effect in accordance with reg. 1(4) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), reg. 15(7)(b)