
1 

(1) These Regulations may be cited as the Social Security (Personal Injury Payments Amendment) Regulations (Northern Ireland) 2002 and shall come into operation on 28th October 2002.
(2) In these Regulations –
 ...
 “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987;
 “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996.
(3) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
2 
There shall be added as –
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) regulation 41(6) of the Income Support Regulations;
(c) regulation 104(5) of the Jobseeker’s Allowance Regulations,(which relate to capital treated as income), the following paragraph –“
 Where an agreement or court order provides that payments shall be made to the claimant in consequence of any personal injury to the claimant and that such payments are to be made, wholly or partly, by way of periodical payments, any such periodical payments received by the claimant (but not a payment which is treated as capital by virtue of this Part), shall be treated as income.”.
3 

(1) In each of the provisions specified in paragraph (2) –
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) after sub-paragraph (5), there shall be added as sub-paragraph (6) in the provision specified in paragraph (2)(a) and as sub-paragraph (5A) in the provisions specified in paragraph (2)(b) and (c), the following sub-paragraph –“
 In this paragraph, “relevant payment” means –
(a) a charitable payment;
(b) a voluntary payment;
(c) a payment (not falling within sub-paragraph (a) or (b)) from a trust whose funds are derived from a payment made in consequence of any personal injury to the claimant;
(d) a payment under an annuity purchased –
(i) pursuant to any agreement or court order to make payments to the claimant; or
(ii) from funds derived from a payment made,in consequence of any personal injury to the claimant; or
(e) a payment (not falling within sub-paragraphs (a) to (d)) received by virtue of any agreement or court order to make payments to the claimant in consequence of any personal injury to the claimant.”.
(2) The provisions specified for the purposes of paragraph (1) (which relate to sums to be disregarded in the calculation of income other than earnings) are –
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) paragraph 15 of Schedule 9 to the Income Support Regulations;
(c) paragraph 15 of Schedule 6 to the Jobseeker’s Allowance Regulations.
Sealed with the Official Seal of the Department for Social Development on 26th September 2002.
John O'Neill
Senior Officer of the
Department for Social Development
The Department of Finance and Personnel hereby consents to regulations 2(a) and 3(1) and (2)(a) of the forgoing Regulations.Sealed with the Official Seal of the Department of Finance and Personnel on 27th September 2002.
N. Taylor
Senior Officer of the
Department of Finance and Personnel
