OpenLegislation

Paragraph 17 I1

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to sub-paragraph (2), 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.

(2)

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 F1consequence of that personal injury;

(b)

does not apply to any subsequent payment made to the claimant 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 purpose 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.

Annotations

Textual amendments

F1

Word in Sch. 9 para. 17(2)(a) substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/413), regs. 1(1), 3(33)(a)

Commencement

I1

Sch. 9 para. 17 in operation at 27.10.2008, see reg. 1(1)