Personal Injury Payment made to claimant for loss of partner

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  • #38210
    Jayne-T
    Participant

    The claimant is of pension age and has received a personal injury payment. The amount is paid to the claimant for the loss of their partner who has died. The schedule states that we can disregard

    “An amount equal to the amount of any payment made in consequence of any personal injury to the claimant or, if the claimant has a partner, to the partner.”

    The payment has been made in consequence of injury to the partner, but made to the claimant so can we disregard it?

    #107665
    Kevin D
    Participant

    There are different, conflicting, views on the interpretation of para 17(1) of Sch 6 (pension age) – I’m assuming para 2 doesn’t apply.

    To the extent of being relevant to this situation, the disregard in para 17(1) depends on the payment being made to a clmt who “has” a partner, not “had”. As the partner has died, the clmt no longer “has” a partner and for that reason my view remains that the disregard cannot be applied.

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