Article 32 Reduction in benefit to take account of awards of damages

United Kingdom

(1)

F1Subject to paragraph (1A), Where the Secretary of State is satisfied that—

(a)

damages have been or will be recovered by any person in respect of an injury or condition for which benefit is payable; or

(b)

damages have been or will be recovered by any person in respect of the death of a person for which benefit is payable

he F2shall take those damages into account against any benefit which might otherwise be payable under this Order and shall withhold or reduce any such benefit accordingly.

F3(1A)

The Secretary of State shall not—

(a)

take the damages into account where he is satisfied that benefit payable under this Order has been taken into account in the assessment of the damages;

(b)

withhold or reduce a bereavement grant payable under article 21(1)(b).

(1B)

In calculating the amount of benefit to withhold or reduce under paragraph (1), the Secretary of State may take account of the full value of any damages which have been or will be recovered.

(1C)

The Secretary of State may require a person who has made a claim to provide—

(a)

details of any steps taken or planned to obtain damages in respect of the same injury, condition or death for which benefit is payable;

(b)

a written undertaking that if the person recovers damages the person shall notify the Secretary of State and repay any benefit paid under this Order.

(2)

For the purposes of this article, damages include any payment received as a result of a claim made—

(a)

in respect of an injury or condition for which benefit is payable; or

(b)

in respect of the death of a person for which benefit is payable

whether or not the payment is made in pursuance of a judgement or order of a court of any jurisdiction or by way of settlement or compromise of the claim and whether or not proceedings are instituted to enforce the claim.

(3)

Where compensation is paid—

(a)

under the Criminal Injuries Compensation Scheme established under the Criminal Injuries Compensation Act 1995 M1;

(b)

under the Criminal Injuries (Compensation)(Northern Ireland) Order 1988 M2; or

(c)

under the scheme established by the Ministry of Defence for the purposes of paying compensation to members of the forces who suffer injury as a result of a crime committed outside the United Kingdom

the person to whom or for whose benefit the compensation is paid shall be treated as recovering damages and the compensation paid shall be treated as the damages recovered.

Annotations

Textual amendments

F1: Words in art. 32(1) inserted (3.8.2010) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2010 (S.I. 2010/1723), arts. 1(1), 6(a)(i) (with art. 12)
F2: Words in art. 32(1) substituted (3.8.2010) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2010 (S.I. 2010/1723), arts. 1(1), 6(a)(ii) (with art. 12)
F3: Words in art. 32(1A)-(1C) inserted (3.8.2010) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2010 (S.I. 2010/1723), arts. 1(1), 6(b) (with art. 12)

Marginal citations

M1: 1995 c. 53.
M2: 1988/793 (N.I. 4).