PART IVPART IV continued
(8) On a reference under subsection (7) above a social security appeal tribunal may either—
(a) confirm the amounts, rates and periods specified in the certificate of total benefit; or
(b) specify any increases, reductions or other variations which are to be made on the issue of the fresh certificate under subsection (9) below.
(9) When the Department has received the determinations of the tribunals on the questions referred to them under subsections (5) and (7) above, it shall in accordance with those determinations either—
(a) confirm the certificate against which the appeal was brought, or
(b) issue a fresh certificate.
(10) Regulations may make provision with respect to the procedure for the reference under this section of questions to medical appeal tribunals or social security appeal tribunals.
(11) An appeal shall lie to a Commissioner at the instance of the Department, the compensator, the victim or the intended recipient from a decision of a medical appeal tribunal or a social security appeal tribunal under this section on the ground that the decision was erroneous in point of law; and for the purposes of appeals under this subsection—
(a) section 21(7) to (10) above shall apply in relation to an appeal from the decision of a social security appeal tribunal; and
(b) section 46(3) above shall apply in relation to an appeal from the decision of a medical appeal tribunal.
(12) In this section “the medical questions” means—
(a) any question whether, as the result of a particular occurrence, the victim suffered an injury, sickness or disease;
(b) any question as to the period for which the victim suffered any injury, sickness or disease.
(1) Where it appears, in consequence of an appeal under section 94 above, that the aggregate amount of the relevant payment or payments actually made exceeds the amount that ought to have been paid, the Department shall pay the intended recipient an amount equal to that excess.
(2) Where it appears, in consequence of such an appeal, that the aggregate amount of the relevant payment or payments actually made is less than the amount that ought to have been paid, the intended recipient shall pay the Department an amount equal to the deficiency.
(3) Without prejudice to any other method of enforcement, an amount payable under subsection (2) above may be recovered by deduction from any benefits which are prescribed benefits for the purposes of section 69 above.
(1) This section applies in any case where the compensator has made a compensation payment but—
(a) has not requested a certificate of total benefit in respect of the victim, or
(b) if he has done so, has not made the relevant payment within the time limit imposed by section 79 above.
(2) Where this section applies, the Department may—
(a) if no certificate of total benefit has been issued to the compensator, issue to him such a certificate and a demand for the relevant payment to be made forthwith, or
(b) if a certificate of total benefit has been issued to the compensator, issue to him a copy of that certificate and such a demand,
and the amount so certified shall, to the extent that it does not exceed the amount of the compensation payment, be recoverable by the Department from the compensator.
(3) Any amount recoverable under this section shall, if the county court so orders, be enforceable as if it were payable under an order of that court.
(4) A document bearing a certificate which—
(a) is signed by a person authorised in that behalf by the Department, and
(b) states that the document, apart from the certificate, is a record of the amount recoverable under this section,
shall be conclusive evidence that that amount is so recoverable; and a certificate purporting to be signed as aforesaid shall be deemed to be so signed unless the contrary is proved.
(5) Where this section applies in relation to two or more connected compensators, the Department may proceed against them as if they were jointly and severally liable for an amount equal to the difference between—
(a) the total benefit determined in accordance with the latest connected certificate of total benefit issued to any of them, and
(b) the aggregate amount of any connected relevant payments previously made.
(6) Nothing in subsection (5) above authorises the recovery from any person of an amount in excess of the compensation payment by virtue of which this section applies to him (or, if there are two or more such payments which are connected, the aggregate amount of those payments).
(7) In subsections (5) and (6) above, “connected” means relating to the same victim and the same accident, injury or disease.
(1) Where, immediately before the making of the compensation payment, the compensator is not resident and does not have a place of business in Northern Ireland, any deduction, payment or other thing which would, apart from this section, fall to be made or done under the recoupment provisions by the compensator shall instead be made or done by the intended recipient and references to the compensator shall be construed accordingly.
(2) The Department may by regulations make such provision as it considers expedient for the purpose of modifying the recoupment provisions in their application in such a case.
In assessing the amount of interest payable in respect of an award of damages, the amount of the award shall be treated as reduced by a sum equal to the amount of the relevant payment (if any) required to be made in connection with the payment of the damages and, if both special and general damages are awarded, any such reductions shall be treated as made first against the special damages and then, as respects any remaining balance, against the general damages.
This Part of this Act applies in relation to the making of a compensation payment by the Crown as it applies in relation to the making of a compensation payment by any other compensator.