The Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008

JurisdictionUK Non-devolved
CitationSI 2008/1596
Year2008
(1) These Regulations may be cited as the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 and shall come into force on 1st October 2008.(2) In these Regulations—(1) The provisions of the Act specified in paragraph (2) apply for the purposes of these Regulations with the modifications, where appropriate, prescribed in Schedule 1.section 1(3) (cases in which this Act applies) ;sections 10 to 14 (reviews and appeals) ;sections 15 and 17 (courts) ;sections 18 and 19 (reduction of compensation: complex cases) ;sections 20 to 23 (miscellaneous) ;sections 26 and 27 (provisions relating to Northern Ireland) ;sections 28 to 31 (general) ;section 33 (consequential amendments and repeals) ;section 34(1) and (3) (short title and extent) ;Schedule 1 (compensation payments – exempted payments and power to disregard small payments) .
  • The consequential amendments set out in Schedule 2 apply for the purposes of these Regulations.
  • a person (“P”) ; ora dependant of P,the compensation payment is not a payment under the Diffuse Mesothelioma Payment Scheme; andthe compensation payment is made in consequence of the same disease as the lump sum payment.any such payment has been, or is likely to be, made to one or more dependants of P;a compensation payment in consequence of P’s diffuse mesothelioma is made to that other dependant.are references to a payment made by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of the disease; butdo not include references to a payment mentioned in Part 1 of Schedule 1 to the Act.
  • a compensation payment in consequence of diffuse mesothelioma is made to or in respect of P, or to a dependant of P, and a lump sum payment has been, or is likely to be, made to P or in respect of P;
  • that compensation payment is a payment under the Diffuse Mesothelioma Payment Scheme; and
  • the disease in consequence of which the specified lump sum payment was made is also diffuse mesothelioma.
  • (1) Subject to paragraph (2) , in these Regulations and any provision of the Act as modified any reference to P is to be construed as if it included a reference to a dependant of P where that dependant is the person to whom, or in respect of whom, a lump sum payment is made.(2) Paragraph (1) does not apply in relation to regulations 4, 10(7) and 12(7) and sections 15 and 23(2) of, and paragraphs 3(a) and 5(1) of Part 1 of Schedule 1 to, the Act.(1) F44Except as stated in paragraph (2) these Regulations apply in relation to compensation payments made on or after the day on which section 54 of the Child Maintenance and Other Payments Act 2008 comes into force.(2) In any case where—
  • the lump sum payment falls within section 1A(2) (d) of the Act; or
  • paragraphs (a) to (c) of regulation 4A apply;
  • the Macfarlane Trust established on 10th March 1988 partly out of funds provided by the Secretary of State to the Haemophilia Society for the relief of poverty or distress

    To continue reading

    Request your trial

    VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT