Social Security (Recovery of Benefits) Regulations 1997
| Year | 1997 |
1997 No. 2205
SOCIAL SECURITY
The Social Security (Recovery of Benefits) Regulations 1997
Made 10th September 1997
Laid before Parliament 15th September 1997
Coming into force 6th October 1997
The Secretary of State for Social Security, in exercise of the powers conferred by section 189(4), (5) and (6) of the Social Security Administration Act 19921and sections 4(9), 14(2), (3) and (4), 16(1) and (2), 18, 19, 21(3), 23(1), (2), (5) and (7), 29 and 32 of, and paragraphs 4 and 8 of Schedule 1 to, the Social Security (Recovery of Benefits) Act 19972, and of all other powers enabling her in that behalf, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Social Security (Recovery of Benefits) Regulations 1997 and shall come into force on 6th October 1997.
(2) In these Regulations—
“the 1992 Act” means the Social Security Administration Act 1992;
“the 1997 Act” means the Social Security (Recovery of Benefits) Act 1997;
“commencement day” means the day these Regulations come into force;
“compensator” means a person making a compensation payment;
“Compensation Recovery Unit” means the Compensation Recovery Unit of the Department of Social Security at Reyrolle Building, Hebburn, Tyne and Wear NE31 1XB.
(3) A reference in these Regulations to a numbered section or Schedule is a reference, unless the context otherwise requires, to that section of or Schedule to the 1997 Act.
Exempted trusts and payments
2.—(1) The following trusts are prescribed for the purposes of paragraph 4 of Schedule 1:
(a)
(a) the Macfarlane Trust established on 10th March 1988 partly out of funds provided by the Secretary of State to the Haemophilia Society for the relief of poverty or distress among those suffering from haemophilia;
(b)
(b) the Macfarlane (Special Payments) Trust established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;
(c)
(c) the Macfarlane (Special Payments) (No. 2) Trust established on 3rd May 1991 partly out of funds provided by the Secretary of State for the benefit of certain persons suffering from haemophilia and other beneficiaries;
(d)
(d) the Eileen Trust established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions.
(2) The following payments are prescribed for the purposes of paragraph 8 of Schedule 1:
(a)
(a) any payment to the extent that it is made—
(i) in consequence of an action under the Fatal Accidents Act 19763; or
(ii) in circumstances where, had an action been brought, it would have been brought under that Act;
(b)
(b) any payment to the extent that it is made in respect of a liability arising by virtue of section 1 of the Damages (Scotland) Act 19764;
(c)
(c) any payment made under the Vaccine Damage Payments Act 19795to or in respect of the injured person;
(d)
(d) any award of compensation made to or in respect of the injured person under the Criminal Injuries Compensation Act 19956or by the Criminal Injuries Compensation Board under the Criminal Injuries Compensation Scheme 1990 or any earlier scheme;
(e)
(e) any compensation payment made by British Coal in accordance with the NCB Pneumoconiosis Compensation Scheme set out in the Schedule to an agreement made on the 13th September 1974 between the National Coal Board, the National Union of Mine Workers, the National Association of Colliery Overmen Deputies and Shot-firers and the British Association of Colliery Management;
(f)
(f) any payment made to the injured person in respect of sensorineural hearing loss where the loss is less than 50 dB in one or both ears;
(g)
(g) any contractual amount paid to an employee by an employer of his in respect of a period of incapacity for work;
(h)
(h) any payment made under the National Health Service (Injury Benefits) Regulations 19957or the National Health Service (Scotland) (Injury Benefits) Regulations 19748;
(i)
(i) any payment made by or on behalf of the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992.
Information to be provided by the compensator
3. The following information is prescribed for the purposes of section 23(1):
(a) the full name and address of the injured person;
(b) where known, the date of birth or national insurance number of that person, or both if both are known;
(c) where the liability arises, or is alleged to arise, in respect of an accident or injury, the date of the accident or injury;
(d) the nature of the accident, injury or disease; and
(e) where known, and where the relevant period9may include a period prior to 6th April 1994, whether, at the time of the accident or injury or diagnosis of the disease, the person was employed under a contract of service, and, if he was, the name and address of his employer at that time and the person’s payroll number.
Information to be provided by the injured person
4. The following information is prescribed for the purposes of section 23(2):
(a) whether the accident, injury or disease resulted from any action taken by another person, or from any failure of another person to act, and, if so, the full name and address of that other person;
(b) whether the injured person has claimed or may claim a compensation payment, and, if so, the full name and address of the person against whom the claim was or may be made;
(c) the amount of any compensation payment and the date on which it was made;
(d) the listed benefits claimed, and for each benefit the date from which it was first claimed and the amount received in the period beginning with that date and ending with the date the information is sent;
(e) in the case of a person who has received statutory sick pay during the relevant period and prior to 6th April 1994, the name and address of any employer who made those payments to him during the relevant period and the dates the employment with that employer began and ended; and
(f) any changes in the medical diagnosis relating to the condition arising from the accident, injury or disease.
Information to be provided by the employer
5. The following information is prescribed for the purposes of section 23(5):
(a) the amount of any statutory sick pay the employer has paid to the injured person since the first day of the relevant period and before 6th April 1994;
(b) the date the liability to pay such statutory sick pay first arose and the rate at which it was payable;
(c) the date on which such liability terminated; and
(d) the causes of incapacity for work during any period of entitlement to statutory sick pay during the relevant period and prior to 6th April 1994.
Provision of information
6. A person required to give information to the Secretary of State under regulations 3 to 5 shall do so by sending it to the Compensation Recovery Unit not later than 14 days after—
(a) where he is a person to whom regulation 3 applies, the date on which he receives a claim for compensation from the injured person in respect of the accident, injury or disease;
(b) where he is a person to whom regulation 4 or 5 applies, the date on which the Secretary of State requests the information from him.
Application for a certificate of recoverable benefits
7.—(1) The following particulars are prescribed for the purposes of section 21(3)(a) (particulars to be included in an application for a certificate of recoverable benefits):
(a)
(a) the full name and address of the injured person;
(b)
(b) the date of birth and, where known, the national insurance number of that person;
(c)
(c) where the liability arises or is alleged to arise in respect of an accident or injury, the date of the accident or injury;
(d)
(d) the nature of the accident, injury or disease;
(e)
(e) where the person liable, or alleged to be liable, in respect of the accident, injury or disease, is the employer of the injured person, or has been such an employer, the information prescribed by regulation 5.
(2) An application for a certificate of recoverable benefits is to be treated for the purposes of the 1997 Act as received by the Secretary of State on the day on which it is received by the Compensation Recovery Unit, or if the application is received after normal business hours, or on a day which is not a normal business day at that office, on the next such day.
Payments into court
8.—(1) Subject to the provisions of this regulation, where a party to an action makes a payment into court which, had it been paid directly to another party to the action (“the relevant party”), would have constituted a compensation payment—
(a)
(a) the making of that payment shall be treated for the purposes of the 1997 Act as the making of a compensation payment;
(b)
(b) a current certificate of recoverable benefits shall be lodged with the payment; and
(c)
(c) where the payment is calculated under...
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