Office of Public Sector Information
(2) The regulations may (among other things) provide—
(a) for the re-calculation in accordance with section 8 of the amount of any compensation payment,
(b) for giving credit for amounts already paid, and
(c) for the payment by any person of any balance or the recovery from any person of any excess.
(3) For the purposes of subsection (2), the regulations may provide for the gross amounts of the compensation payments to be aggregated and for—
(a) the aggregate amount to be taken to be the gross amount of the compensation payment for the purposes of section 8,
(b) so much of the aggregate amount as is attributable to a head of compensation listed in column 1 of Schedule 2 to be taken to be the part of the gross amount which is attributable to that head;
and for the amount of any recoverable benefit shown against any head in column 2 of that Schedule to be taken to be the amount determined in accordance with the most recent certificate of recoverable benefits.
(4) Regulations may make provision (including provision modifying this Act) for any case in which, in final settlement of the injured person’s claim, an agreement is entered into for the making of—
(a) periodical compensation payments (whether of an income or capital nature), or
(b) periodical compensation payments and lump sum compensation payments.
(5) Regulations made by virtue of subsection (4) may (among other things) provide—
(a) for the relevant period to be treated as ending at a prescribed time,
(b) for the person who is to make the payments under the agreement to be treated for the purposes of this Act as if he had made a single compensation payment on a prescribed date.
(6) A periodical payment may be a compensation payment for the purposes of this section even though it is a small payment (as defined in Part II of Schedule 1).
(1) Regulations may make provision (including provision modifying this Act) for any case in which two or more persons (“the compensators”) make compensation payments to or in respect of the same injured person in consequence of the same accident, injury or disease.
(2) In such a case, the sum of the liabilities of the compensators under section 6 is not to exceed the total amount of the recoverable benefits, and the regulations may provide for determining the respective liabilities under that section of each of the compensators.
(3) The regulations may (among other things) provide in the case of each compensator—
(a) for determining or re-determining the part of the recoverable benefits which may be taken into account in his case,
(b) for calculating or re-calculating in accordance with section 8 the amount of any compensation payment,
(c) for giving credit for amounts already paid, and
(d) for the payment by any person of any balance or the recovery from any person of any excess.
(1) Regulations may make provision (including provision modifying this Act) for cases where a person has paid to the Secretary of State under section 6 any amount (“the amount of the overpayment”) which he was not liable to pay.
(2) The regulations may provide—
(a) for the Secretary of State to pay the amount of the overpayment to that person, or to the person to whom the compensation payment is made, or partly to one and partly to the other, or
(b) for the receipt by the Secretary of State of the amount of the overpayment to be treated as the recovery of that amount.
(3) Regulations made by virtue of subsection (2)(b) are to have effect in spite of anything in section 71 of the [1992 c. 5.] Social Security Administration Act 1992 (overpayments—general).
(4) The regulations may also (among other things) provide—
(a) for the re-calculation in accordance with section 8 of the amount of any compensation payment,
(b) for giving credit for amounts already paid, and
(c) for the payment by any person of any balance or the recovery from any person of any excess.
(5) This section does not apply in a case where section 14 applies.
(1) If, when a compensation payment is made, the first and second conditions are met, the payment is to be disregarded for the purposes of sections 6 and 8.
(2) The first condition is that the person making the payment—
(a) has made an application for a certificate of recoverable benefits which complies with subsection (3), and
(b) has in his possession a written acknowledgment of the receipt of his application.
(3) An application complies with this subsection if it—
(a) accurately states the prescribed particulars relating to the injured person and the accident, injury or disease in question, and
(b) specifies the name and address of the person to whom the certificate is to be sent.
(4) The second condition is that the Secretary of State has not sent the certificate to the person, at the address, specified in the application, before the end of the period allowed under section 4.
(5) In any case where—
(a) by virtue of subsection (1), a compensation payment is disregarded for the purposes of sections 6 and 8, but
(b) the person who made the compensation payment nevertheless makes a payment to the Secretary of State for which (but for subsection (1)) he would be liable under section 6,
subsection (1) is to cease to apply in relation to the compensation payment.
(6) If, in the opinion of the Secretary of State, circumstances have arisen which adversely affect normal methods of communication—
(a) he may by order provide that subsection (1) is not to apply during a specified period not exceeding three months, and
(b) he may continue any such order in force for further periods not exceeding three months at a time.
(1) If a compensation payment is made in a case where—
(a) a person is liable to any extent in respect of the accident, injury or disease, and
(b) the liability is covered to any extent by a policy of insurance,
the policy is also to be treated as covering any liability of that person under section 6.
(2) Liability imposed on the insurer by subsection (1) cannot be excluded or restricted.
(3) For that purpose excluding or restricting liability includes—
(a) making the liability or its enforcement subject to restrictive or onerous conditions,
(b) excluding or restricting any right or remedy in respect of the liability, or subjecting a person to any prejudice in consequence of his pursuing any such right or remedy, or
(c) excluding or restricting rules of evidence or procedure.
(4) Regulations may in prescribed cases limit the amount of the liability imposed on the insurer by subsection (1).
(5) This section applies to policies of insurance issued before (as well as those issued after) its coming into force.
(6) References in this section to policies of insurance and their issue include references to contracts of insurance and their making.
(1) Where compensation is sought in respect of any accident, injury or disease suffered by any person (“the injured person”), the following persons must give the Secretary of State the prescribed information about the injured person—
(a) anyone who is, or is alleged to be, liable in respect of the accident, injury or disease, and
(b) anyone acting on behalf of such a person.
(2) A person who receives or claims a listed benefit which is or is likely to be paid in respect of an accident, injury or disease suffered by him, must give the Secretary of State the prescribed information about the accident, injury or disease.
(3) Where a person who has received a listed benefit dies, the duty in subsection (2) is imposed on his personal representative.
(4) Any person who makes a payment (whether on his own behalf or not)—
(a) in consequence of, or
(b) which is referable to any costs (in Scotland, expenses) incurred by reason of,
any accident, injury or disease, or any damage to property, must, if the Secretary of State requests him in writing to do so, give the Secretary of State such particulars relating to the size and composition of the payment as are specified in the request.
(5) The employer of a person who suffers or has suffered an accident, injury or disease, and anyone who has been the employer of such a person at any time during the relevant period, must give the Secretary of State the prescribed information about the payment of statutory sick pay in respect of that person.
(6) In subsection (5) “employer” has the same meaning as it has in Part XI of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992.
(7) A person who is required to give information under this section must do so in the prescribed manner, at the prescribed place and within the prescribed time.
(8) Section 1 does not apply in relation to this section.
(1) The Secretary of State may by regulations amend Schedule 2.
(2) A statutory instrument which contains such regulations shall not be made unless a draft of the instrument has been laid before and approved by resolution of each House of Parliament.
An Order in Council made under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 which contains a statement that it is made only for purposes corresponding to those of the provisions of this Act—
(a) shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule (affirmative resolution of both Houses of Parliament), but
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) In a case where this Act applies, if the injured person’s address is in Northern Ireland—
(a) the person making the compensation payment must apply for a certificate under the Northern Ireland provisions, and may not make any separate application for a certificate of recoverable benefits,
(b) any certificate issued as a result under the Northern Ireland provisions—
(i) is to be treated as including a certificate of recoverable benefits,
(ii) must state that it is to be so treated, and
(iii) must state that any payment required to be made to the Secretary of State under this Act is to be made to the Northern Ireland Department as his agent, and
(c) any payment made pursuant to a certificate so issued is to be applied—
(i) first towards discharging the liability of the person making the compensation payment under the Northern Ireland provisions, and
(ii) then, as respects any remaining balance, towards discharging his liability under section 6.
(2) In a case where the Northern Ireland provisions apply, if the injured person’s address is in any part of Great Britain—
(a) the person making the compensation payment must apply for a certificate of recoverable benefits, and may not make any separate application for a certificate under the Northern Ireland provisions,
(b) any certificate of recoverable benefits issued as a result—
(i) is to be treated as including a certificate under the Northern Ireland provisions,
(ii) must state that it is to be so treated, and
(iii) must state that any payment required to be made to the Northern Ireland Department under the Northern Ireland provisions is to be made to the Secretary of State as its agent, and
(c) any payment made pursuant to a certificate of recoverable benefits so issued is to be applied—
(i) first towards discharging the liability of the person making the compensation payment under section 6, and
(ii) then, as respects any remaining balance, towards discharging his liability under the Northern Ireland provisions.
(3) In this section—
(a) “the injured person’s address” is the address first notified in writing to the person making the payment by or on behalf of the injured person as his residence (or, if he has died, by or on behalf of the person entitled to receive the compensation payment as the injured person’s last residence),
(b) “Northern Ireland Department” means the Department of Health and Social Services for Northern Ireland,
(c) “the Northern Ireland provisions” means—
(i) any legislation corresponding to this Act (other than this section and section 27) and having effect in Northern Ireland, and
(ii) this section and section 27,
and
(d) any reference in relation to the Northern Ireland provisions to—
(i) the injured person, means the injured person within the meaning of those provisions,
(ii) a certificate, means a certificate under those provisions corresponding to the certificate of recoverable benefits, and
(iii) a compensation payment, means a compensation payment within the meaning of those provisions.
(1) In a case where this Act applies, if immediately before making a compensation payment a person—
(a) is not resident and does not have a place of business in Great Britain, but
(b) is resident or has a place of business in Northern Ireland,
subsections (4) and (5) of section 7 apply in relation to him as if at that time he were resident or had a place of business in the relevant part of Great Britain.
(2) In a case where the Northern Ireland provisions apply, if immediately before making a compensation payment a person—
(a) is not resident and does not have a place of business in Northern Ireland, but
(b) is resident or has a place of business in any part of Great Britain,
any provision of the Northern Ireland provisions corresponding to subsection (4) or (5) of section 7 applies in relation to him as if at that time he were resident or had a place of business in Northern Ireland.
(3) In this section—
(a) “the relevant part of Great Britain” means—
(i) the part of Great Britain in which the injured person is or was most recently resident (as determined by any written statement given to the person making the payment by or on behalf of the injured person or, if he has died, by or on behalf of the person entitled to receive the compensation payment), or
(ii) if no such statement has been given, such part of Great Britain as may be prescribed, and
(b) “the Northern Ireland provisions” and references to compensation payments in relation to such provisions have the same meaning as in section 26.
This Act applies to the Crown.
In this Act—
“benefit” means any benefit under the [1992 c. 4.] Social Security Contributions and Benefits Act 1992, a jobseeker’s allowance or mobility allowance,
“compensation scheme for motor accidents” means any scheme or arrangement under which funds are available for the payment of compensation in respect of motor accidents caused, or alleged to have been caused, by uninsured or unidentified persons,
“listed benefit” means a benefit listed in column 2 of Schedule 2,
“payment” means payment in money or money’s worth, and related expressions are to be interpreted accordingly,
“prescribed” means prescribed by regulations, and
“regulations” means regulations made by the Secretary of State.
(1) Any power under this Act to make regulations or an order is exercisable by statutory instrument.
(2) A statutory instrument containing regulations or an order under this Act (other than regulations under section 24 or an order under section 34) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) Regulations under section 20, under section 24 amending the list of benefits in column 2 of Schedule 2 or under paragraph 9 of Schedule 1 may not be made without the consent of the Treasury.
(4) Subsections (4), (5), (6) and (9) of section 189 of the [1992 c. 5.] Social Security Administration Act 1992 (regulations and orders—general) apply for the purposes of this Act as they apply for the purposes of that.
(1) There are to be paid out of the National Insurance Fund any expenses of the Secretary of State in making payments under section 14 or 20 to the extent that he estimates that those payments relate to sums paid out of that Fund.
(2) There are to be paid out of money provided by Parliament—
(a) any expenses of the Secretary of State in making payments under section 14 or 20 to the extent that he estimates that those payments relate to sums paid out of the Consolidated Fund, and
(b) (subject to subsection (1)) any other expenses of the Secretary of State incurred in consequence of this Act.
(3) Any sums paid to the Secretary of State under section 6 or 14 are to be paid—
(a) into the Consolidated Fund, to the extent that the Secretary of State estimates that the sums relate to payments out of money provided by Parliament, and
(b) into the National Insurance Fund, to the extent that he estimates that they relate to payments out of that Fund.
(1) Regulations may make such transitional and consequential provisions, and such savings, as the Secretary of State considers necessary or expedient in preparation for, in connection with, or in consequence of—
(a) the coming into force of any provision of this Act, or
(b) the operation of any enactment repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.
(2) Regulations under this section may (among other things) provide—
(a) for compensation payments in relation to which, by virtue of section 2, this Act does not apply to be treated as payments in relation to which this Act applies,
(b) for compensation payments in relation to which, by virtue of section 2, this Act applies to be treated as payments in relation to which this Act does not apply, and
(c) for the modification of any enactment contained in this Act or referred to in subsection (1)(b) in its application to any compensation payment.
(1) Schedule 3 (which makes consequential amendments) is to have effect.
(2) The enactments shown in Schedule 4 are repealed to the extent specified in the third column.
(1) This Act may be cited as the Social Security (Recovery of Benefits) Act 1997.
(2) Sections 1 to 24, 26 to 28 and 33 are to come into force on such day as the Secretary of State may by order appoint, and different days may be appointed for different purposes.
(3) Apart from sections 25 to 27, section 33 so far as it relates to any enactment which extends to Northern Ireland, and this section this Act does not extend to Northern Ireland.
Social Security (Recovery of Benefits) Act 1997