Pneumonconiosis etc (workers’ compensation) Act payments

I have a client who was awarded £11k by DPW under this act. My reading of the Pension Credit regs suggests that this should be disregarded as capital indefinitely as it is a payment for personal injury. (para 16(1) of Schedule V of the regs)

He was called by the Pension Service earlier this week and told that only payments made via a court order are disregarded.

Can anyone confirm whether I’m right, or if there’s something obvious that I’m missing?

Thanks

Yes you are right but, it has to be paid under a court decision, county or high court.

(2) Where the whole or part of the payment is administered–
5(a) by the High Court or the County Court under Rule 21.11(1) of the Civil
Procedure Rules 1998, or the Court of Protection, or on behalf of a person
where the payment can only be disposed of by order or direction of any such
court;

Is that not the case?

I don’t agree.  That paragraph contains two sub-paragraphs which are to be read disjunctively.  See sub-paragraph1.  The PC regs mirror paragraphs 12A and 44 of the IS regs but simply combine them into one paragraph.

Thanks nevip, that’s how I viewed it

I may be wrong, as I can’t find any other updated regs but the sub paragraph was removed by

“omitted by reg. 14(6)(a) & (b) of S.I. 2006/2378 as from 2.10.06.”

Was it replaced elsewhere?

That SI amended sub paragraph 2.

http://www.dwp.gov.uk/docs/a12-5001.pdf

I need glassess, sigh!! Sorry read it wrong, yep, paragraph 1 has no such restrictions, it’s even confirmed in their guidance (Govt).

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/258148/pc-10s.pdf