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Regulation 76 Special schemes for compensation etc.

Northern Ireland

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)

person's 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 Emergences Trust, registered charity number 1182809;

(b)

the Child Migrants Trust, registered charity number 1171479;

F9(c)

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

F10(d)

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

(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 judgement in Bates and Others v Post Office Limited ((No. 3) “Common Issues”);

(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 2010; or

(g)

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

F11(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 (“P”) who was severely disabled as a result of vaccination, the person who was P’s partner immediately before P’s death and receives a payment from P’s estate which is derived from the vaccine damage payment.

F12(1CA)

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.

F13(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.

(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.

F14(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 (Northern Ireland) 2003.

F15(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;

  • F16“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 (8.5.2018) by The Universal Credit (Persons Required to Provide Information, Miscellaneous Amendments and Saving and Transitional Provision) Regulations (Northern Ireland) 2018 (S.R. 2018/92), regs. 1(2), 6(13)(a)

F2

Words in reg. 76(1)(a) inserted (5.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/345), regs. 1(1), 8(2)(i)

F3

Word in reg. 76(1)(a)(iii) omitted (8.5.2018) by virtue of The Universal Credit (Persons Required to Provide Information, Miscellaneous Amendments and Saving and Transitional Provision) Regulations (Northern Ireland) 2018 (S.R. 2018/92), regs. 1(2), 6(13)(b)

F4

Reg. 76(1)(a)(iv)(v) inserted (8.5.2018) by The Universal Credit (Persons Required to Provide Information, Miscellaneous Amendments and Saving and Transitional Provision) Regulations (Northern Ireland) 2018 (S.R. 2018/92), regs. 1(2), 6(13)(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 (Northern Ireland) 2020 (S.R. 2020/108), regs. 1(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 (Northern Ireland) 2023 (S.R. 2023/97), regs. 1(1), 8(2)(a)

F7

Reg. 76(1)(a)(vii) inserted (5.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/345), regs. 1(1), 8(2)(iii)

F8

Reg. 76(1A) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020 (S.R. 2020/108), regs. 1(1), 8(5)(b)

F9

Reg. 76(1A)(c) omitted (9.7.2023) by virtue of The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/97), regs. 1(1), 8(2)(b)(i)

F10

Reg. 76(1A)(d)-(g) substituted for Reg. 76(1A)(d)-(f) (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/24), regs. 1(1), 10

F11

Reg. 76(1B)(1C) inserted (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/97), regs. 1(1), 8(2)(c)

F12

Reg. 76(1CA) inserted (30.10.2026) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2026 (S.R. 2026/177), regs. 1(1), 8(3)

F13

Reg. 76(1D) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025 (S.R. 2025/122), regs. 1(1), 8(2)(a)

F14

Reg. 76(3) substituted (30.8.2023) by The Social Security (Infected Blood Capital Disregard) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/118), regs. 1(1), 3

F15

Reg. 76(4) added (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/97), regs. 1(1), 8(2)(d)

F16

Words in reg. 76(4) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025 (S.R. 2025/122), regs. 1(1), 8(2)(b)