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Regulation 76 Special schemes for compensation etc.

England, Wales and Scotland

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

(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 F1or support in respect of F2any 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; F3...

F4(iv)

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

(v)

the bombing in Manchester on 22nd May 2017; F5...

F6(vi)

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

F7(vii)

historic institutional child abuse in the United Kingdom;

(b)

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

F8(1A)

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; F9...

F10(c)

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

F11(d)

the scheme established by the Windrush Compensation Scheme (Expenditure) Act 2020F12...

F13(e)

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”); F14...

F15(f)

the Victims of Overseas Terrorism Compensation Scheme established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010F16; or

(g)

the Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme administered under the authority of the Secretary of State for Defence.

F17(1B)

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.

F18(1D)

This regulation also applies where a person—

(a)

receives a miscarriage of justice compensation payment or is a person for whose benefit such a payment is made;

(b)

is the partner of a person to whom sub-paragraph (a) refers, and receives a payment by or on behalf of that person which is derived from the miscarriage of justice compensation payment;

(c)

was the partner of a person to whom sub-paragraph (a) refers immediately before their death and receives a payment from their estate which is derived from a miscarriage of justice compensation payment;

(d)

in a case where a miscarriage of justice compensation payment is made to the personal representative of a deceased person (“P”), was P’s partner immediately before P’s death and receives a payment from P’s estate which is derived from the miscarriage of justice compensation payment.

F19(1E)

This regulation also applies where a person receives a payment under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023.

(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.

F20(3)

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.

F21(4)

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;

  • F22“miscarriage of justice compensation payment” means—

    1. (a)

      a payment made under section 133(1) of the Criminal Justice Act 1988; or

    2. (b)

      any other payment made by the Secretary of State, the Scottish Ministers or, in Northern Ireland, the Department of Justice, for the purpose of compensating a person—

      1. (i)

        for a miscarriage of justice in criminal proceedings, or

      2. (ii)

        for being wrongfully charged with a criminal offence;

  • “the Post Office” means Post Office Limited (registered number 02154540);

  • “vaccine damage payment” means a payment made under the Vaccine Damage Payments Act 1979.

Annotations

Textual amendments

F1

Words in reg. 76(1)(a) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 9(a)

F2

Words in reg. 76(1)(a) inserted (1.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 (S.I. 2021/1405), regs. 1, 8(2)(a)

F3

Word in reg. 76(1)(a)(iii) omitted (19.6.2017) by virtue of The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 9(b)

F4

Reg. 76(1)(a)(iv)(v) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 9(c)

F5

Word in reg. 76(1)(a)(v) omitted (15.7.2020) by virtue of The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 8(5)(a)(i)

F6

Reg. 76(1)(a)(vi) omitted (9.7.2023) by virtue of The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/640), regs. 1(1), 8(2)(a)

F7

Reg. 76(1)(a)(vii) inserted (1.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 (S.I. 2021/1405), regs. 1, 8(2)(c)

F8

Reg. 76(1A) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 8(5)(b)

F9

Word in reg. 76(1A) omitted (28.2.2025) by virtue of The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 10(2)(a)

F10

Reg. 76(1A)(c) omitted (9.7.2023) by virtue of The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/640), regs. 1(1), 8(2)(b)(i)

F11

Reg. 76(1A)(d) inserted (1.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 (S.I. 2021/1405), regs. 1, 8(3)

F12

Word in reg. 76(1A)(d) omitted (27.10.2023) by virtue of The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/1144), regs. 1(1), 9(2)(a)

F13

Reg. 76(1A)(e) inserted (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/640), regs. 1(1), 8(2)(b)(ii)

F14

Word in reg. 76(1A) omitted (28.2.2025) by virtue of The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 10(2)(b)

F15

Reg. 76(1A)(f) inserted (27.10.2023) by The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/1144), regs. 1(1), 9(2)(c)

F16

Reg. 76(1A)(g) and word inserted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 10(2)(c)

F17

Reg. 76(1B)(1C) inserted (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/640), regs. 1(1), 8(2)(c)

F18

Reg. 76(1D) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 8(2)(a)

F19

Reg. 76(1E) inserted (30.10.2026) by The Social Security (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/1063), regs. 1(1), 8(3)

F20

Reg. 76(3) substituted (30.8.2023) by The Social Security (Infected Blood Capital Disregard) (Amendment) Regulations 2023 (S.I. 2023/894), regs. 1(1), 3

F21

Reg. 76(4) inserted (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/640), regs. 1(1), 8(2)(d)

F22

Words in reg. 76(4) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 8(2)(b)