SCHEDULES

Section 1.

SCHEDULE 1 Compensation payments

Part I Exempted payments

1 Any small payment (defined in Part II of this Schedule).

2 Any payment made to or for the injured person under section 35 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 or section 249 of the [1995 c. 43.] Criminal Procedure (Scotland) Act 1995 (compensation orders against convicted persons).

3 Any payment made in the exercise of a discretion out of property held subject to a trust in a case where no more than 50 per cent. by value of the capital contributed to the trust was directly or indirectly provided by persons who are, or are alleged to be, liable in respect of—

(a) the accident, injury or disease suffered by the injured person, or

(b) the same or any connected accident, injury or disease suffered by another.

4 Any payment made out of property held for the purposes of any prescribed trust (whether the payment also falls within paragraph 3 or not).

5 Any payment made to the injured person by an insurance company within the meaning of the [1982 c. 50.] Insurance Companies Act 1982 under the terms of any contract of insurance entered into between the injured person and the company before—

(a) the date on which the injured person first claims a listed benefit in consequence of the disease in question, or

(b) the occurrence of the accident or injury in question.

6 Any redundancy payment falling to be taken into account in the assessment of damages in respect of an accident, injury or disease.

7 So much of any payment as is referable to costs.

8 Any prescribed payment.

Part II Power to disregard small payments

9 (1) Regulations may make provision for compensation payments to be disregarded for the purposes of sections 6 and 8 in prescribed cases where the amount of the compensation payment, or the aggregate amount of two or more connected compensation payments, does not exceed the prescribed sum.

(2) A compensation payment disregarded by virtue of this paragraph is referred to in paragraph 1 as a “small payment”.

(3) For the purposes of this paragraph—

(a) two or more compensation payments are “connected” if each is made to or in respect of the same injured person and in respect of the same accident, injury or disease, and

(b) any reference to a compensation payment is a reference to a payment which would be such a payment apart from paragraph 1.

Section 8.

SCHEDULE 2 Calculation of compensation payment

NOTES

1 (1) References to incapacity benefit, invalidity pension and allowance, severe disablement allowance, sickness benefit and unemployment benefit also include any income support paid with each of those benefits on the same instrument of payment or paid concurrently with each of those benefits by means of an instrument for benefit payment.

(2) For the purpose of this Note, income support includes personal expenses addition, special transitional additions and transitional addition as defined in the [S.I. 1987/1969.] Income Support (Transitional) Regulations 1987.

2 Any reference to statutory sick pay—

(a) includes only 80 per cent. of payments made between 6th April 1991 and 5th April 1994, and

(b) does not include payments made on or after 6th April 1994.

3 In this Schedule “the 1992 Act” means the [1992 c. 4.] Social Security Contributions and Benefits Act 1992.