Social Security Act 1989

Part IV Miscellaneous

Foreign compensators: duties of intended recipient

21 (1) Where, immediately before the making of the compensation payment, the compensator is not resident and does not have a place of business in Great Britain, any deduction, payment or other thing which would, apart from this paragraph, fall to be made or done under the recoupment provisions by the compensator shall instead be made or done by the intended recipient and references to the compensator shall be construed accordingly.

(2) The Secretary of State may by regulations make such provision as he considers expedient for the purpose of modifying the recoupment provisions in their application in such a case.

Modification of Law Reform (Personal Injuries) Act 1948

22 (1) In section 2 of the [1948 c. 41.] Law Reform (Personal Injuries) Act 1948, in subsection (1) (which requires that, in assessing damages, half of certain benefits shall be brought into account against loss of profits or earnings)—

(a) after the word “contract),” there shall be inserted the words “where this section applies”;

(b) for the words from “against any loss” to “from the injuries” there shall be substituted the words “against them”; and

(c) for the words from “therefrom” onwards there shall be substituted the words “from the injuries in respect of—

(a) any of the relevant benefits, within the meaning of section 22 of the Social Security Act 1989, or

(b) any corresponding benefits payable in Northern Ireland,

for the five years beginning with the time when the cause of action accrued.”

(2) After that subsection there shall be inserted—

“(1A) This section applies in any case where the amount of the damages that would have been awarded apart from any reduction under subsection (1) above is less than the sum for the time being prescribed under paragraph 4(1) of Schedule 4 to the Social Security Act 1989 (recoupment of benefit: exception for small payments).”

(3) Subsection (2) of that section (disregard of increase for constant attendance) shall cease to have effect.

Modification of Bankruptcy (Scotland) Act 1985

23 In section 31 of the [1985 c. 66.] Bankruptcy (Scotland) Act 1985 (vesting of debtor’s estate at date of sequestration) in subsection (8) after the words “subsection (9) below” there shall be inserted the words “and to paragraph 8(2) of Schedule 4 to the Social Security Act 1989.”