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Neutral Citation Number:
Reported Number:
File Number:	CIS 1215 2008
Appellant:	Malekout v Secretary of State for Work and Pensions [2010] EWCA Civ 162
Respondent:	SSWP
Judge/Commissioner:	Other Judges / Other Commissioners/Deputy Commissioners
Date Of Decision:	02/02/2010
Date Added:	23/09/2008
Main Category:	Income support and state pension credit
Main Subcategory:	other: income support
Secondary Category:	Capital
Secondary Subcategory:	Other
Notes:	Reported as [2010] AACR 28. Income – early retirement pension taken under the NHS Pension Scheme following a personal injury – whether to be disregarded for income support purposes The claimant suffered a neck injury, which eventually led to his early retirement on medical grounds. The injury was attributable to his employment with the National Health Service and he was paid an early retirement pension on the ground of ill health under the National Health Service Pension Scheme Regulations 1995 (SI 1995/300). He argued that the pension payments fell to be disregarded for income support purposes as “relevant payments” under paragraph 15(1) of Schedule 9 to the Income Support (General) Regulations 1987 as they fell within the definition in paragraph 15(5A)(e) as payments “received by virtue of any agreement or court order to make payments to the claimant in consequence of any personal injury to the claimant”. A Deputy Social Security Commissioner concluded that the payments were not made as a form of compensation for personal injury. She regarded sub-paragraph (e) as relating to sums paid as a result of a court order or an agreed settlement, where there was a liability to make the payment as a consequence of personal injury, and not to pension payments. The claimant appealed to the Court of Appeal. He argued that the payments fell within the words “received by virtue of any agreement” in the sub-paragraph because he had a contract of employment with the National Health Service and it was under that agreement that he was entitled to the pension for early retirement. Held, dismissing the appeal, that: the “agreement” in paragraph 15(5A)(e) must be one which is made “in consequence of” the personal injury and therefore the payments to the appellant were not to be disregarded under Schedule 9 for income support purposes.
Decision(s) to Download:	CIS 1215 2008-00.doc [2010] AACR 28 bv.doc