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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Malekout v Secretary of State for Work & Pensions [2010] EWCA Civ 162 (02 February 2010) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2010/162.html Cite as: [2010] AACR 28, [2010] EWCA Civ 162 |
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ON APPEAL FROM THE HIGH COURT OF JUSTICE
SOCIAL SECURITY COMMISSIONERS
THE UPPER TRIBUNAL
(DEPUTY COMMISSIONER MRS A RAMSAY)
Strand, London, WC2A 2LL |
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B e f o r e :
(THE RIGHT HONOURABLE SIR ANDREW MORRITT CVO)
LORD JUSTICE MOSES
and
SIR DAVID KEENE
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Appellant |
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- and - |
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SS FOR WORK & PENSIONS |
Respondent |
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Ms S Hannett (instructed by DWP Litigation Division) appeared on behalf of the Respondent.
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Crown Copyright ©
Sir David Keene:
"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) above) 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 claimant; or
(ii) from funds derived from payment made,
in consequence of any personal injury to the claimant; or
(e) a payment (not falling within sub-paragraphs (a) to (d) above) received by virtue of any agreement or court order to make payments to the claimant in consequence of any personal injury to the claimant."
Sir Andrew Morritt CVO:
Lord Justice Moses:
Order: Appeal dismissed