[2024] UKUT 84 (AAC)

So far as a material, the 2001 Scheme provides that

“Compensation for special expenses

35.

Where the applicant has lost earnings or earning capacity for longer than 28 weeks as a direct consequence of the injury (other than injury leading to his death), or, if not normally employed, is incapacitated to a similar extent, additional compensation may be payable in respect of any special expenses incurred by the applicant from the date of the injury for:

(a)

loss of or damage to property or equipment belonging to the applicant on which he relied as a physical aid, where the loss or damage was a direct consequence of the injury;

(b)

costs (other than by way of loss of earnings or earning capacity) associated with National Health Service treatment for the injury;

(c)

the cost of private health treatment for the injury, but only where a claims officer considers that, in all the
circumstances, both the private treatment and its cost are reasonable;

(d)

the reasonable cost, to the extent that it falls to the applicant, of

(i)

special equipment, and/or

(ii)

adaptations to the applicant’s accommodation, and/or

(iii)

care, whether in a residential establishment or at home, which are not provided or available free of
charge from the National Health Service, local authorities or any other agency, provided that a claims officer considers such expense to be necessary as a direct consequence of the injury; and

(iv)

the cost of the Court of Protection or of the curator bonis.

In the case of (d)(iii), the expense of unpaid care provided at home by a relative or friend of the victim will be compensated by having regard to the level of care required, the cost of a carer, assessing the carer’s loss of earnings or earning capacity and/or additional personal and living expenses, as calculated on such basis as a claims officer considers appropriate in all
the circumstances. Where the foregoing method of assessment is considered by the claims officer not to be relevant in all the circumstances, the compensation payable will be such sum as he may determine having regard to the level of care provided.

…

Compensation in fatal cases

…

40.

Additional compensation calculated in accordance with the following paragraph may be payable to a qualifying claimant where a claims officer is satisfied that the claimant was financially or physically dependent on the deceased. A financial dependency will not be established where the deceased’s only normal income was from:

(a)

United Kingdom social security benefits; or

(b)

social security benefits or similar payments from the funds of other countries.

41.

The amount of compensation payable in respect of dependency will be calculated on a basis similar to paragraphs 31-34 (loss of earnings) and paragraph 35 (d) (iii) (cost of care). The period of loss will begin from the date of the deceased’s death and continue for such period as a claims officer may determine, with no account being taken, where the qualifying claimant was formally married to the deceased, of remarriage or prospects of remarriage. In assessing the dependency, the claims officer will take account of the qualifying claimant’s income and emoluments (being any profit or gain accruing from an office or employment), if any. Where the deceased had been living in the same household as the qualifying claimant before his death, the claims officer will, in calculating the multiplicand, make such proportional reduction as he considers appropriate to take account of the deceased’s own personal and living expenses.

42.

Where a qualifying claimant was under 18 years of age at the time of the deceased’s death and was dependent on him for parental services, the following additional compensation may also be payable:

(a)

a payment for loss of that parent’s services at an annual rate of Level 5 of the Tariff; and

(b)

such other payments as a claims officer considers reasonable to meet other resultant losses.

Each of these payments will be multiplied by an appropriate multiplier selected by a claims officer in accordance with paragraph 32 (future loss of earnings), taking account of the period remaining before the qualifying claimant reaches age 18 and of any other factors and contingencies which appear to the claims officer to be relevant”.