PART 6CALCULATION OF CAPITAL AND INCOME

CHAPTER 4MISCELLANEOUS

Special schemes for compensation etc.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 F11or support in respect of F16any 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

persons who have been interned or suffered forced labour, injury, property loss or loss of a child during the Second World War; F1...

F2iv

the terrorist attacks in London on 22nd March 2017 or 3rd June 2017,

v

the bombing in Manchester on 22nd May 2017; F4...

F8vi

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17vii

historic institutional child abuse in the United Kingdom;

b

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

F91A

This regulation also applies where a person receives a payment from—

a

the National Emergencies Trust, registered charity number 1182809;

b

the Child Migrants Trust, registered charity number 1171479, under the scheme for former British child migrants; or

F10c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3d

the scheme established by the Windrush Compensation Scheme (Expenditure) Act 2020F14...

F12e

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 Ltd ((No. 3) “Common Issues”) F15; or

F6f

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.

F51B

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 who was severely disabled as a result of vaccination (“P”), was P’s partner immediately before P’s death and receives a payment from P’s estate which is derived from a 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.

F73

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 2002.

F134

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.