Social Security (Recovery of Benefits) Act 1997
| Year | 1997 |
Social Security (Recovery ofBenefits) Act 1997
1997 CHAPTER 27
An Act to re-state, with amendments, Part IV of the Social Security Administration Act 1992.
[19th March 1997]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Introductory
1 Cases in which this Act applies.
(1) This Act applies in cases where—
(a) a person makes a payment (whether on his own behalf or not) to or in respect of any other person in consequence of any accident, injury or disease suffered by the other, and
(b) any listed benefits have been, or are likely to be, paid to or for the other during the relevant period in respect of the accident, injury or disease.
(2) The reference above to a payment in consequence of any accident, injury or disease is to a payment made—
(a) by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of the accident, injury or disease, or
(b) in pursuance of a compensation scheme for motor accidents
but does not include a payment mentioned in Part I of Schedule 1.
(3) Subsection (1)(a) applies to a payment made—
(a) voluntarily, or in pursuance of a court order or an agreement, or otherwise, and
(b) in the United Kingdom or elsewhere.
(4) In a case where this Act applies—
(a) the ‘injured person’ is the person who suffered the accident, injury or disease,
(b) the ‘compensation payment’ is the payment within subsection (1)(a), and
(c) ‘recoverable benefit’ is any listed benefit which has been or is likely to be paid as mentioned in subsection (1)(b).
2 Compensation payments to which this Act applies.
2. This Act applies in relation to compensation payments made on or after the day on which this section comes into force, unless they are made in pursuance of a court order or agreement made before that day.
3 ‘The relevant period’.
(1) In relation to a person (‘the claimant’) who has suffered any accident, injury or disease, ‘the relevant period’ has the meaning given by the following subsections.
(2) Subject to subsection (4), if it is a case of accident or injury, the relevant period is the period of five years immediately following the day on which the accident or injury in question occurred.
(3) Subject to subsection (4), if it is a case of disease, the relevant period is the period of five years begi nning with the date on which the claimant first claims a listed benefit in consequence of the disease.
(4) If at any time before the end of the period referred to in subsection (2) or (3)—
(a) a person makes a compensation payment in final discharge of any claim made by or in respect of the claimant and arising out of the accident, injury or disease, or
(b) an agreement is made under which an earlier compensation payment is treated as having been made in final discharge of any such claim,
the relevant period ends at that time.
Certificates of recoverable benefits
4 Applications for certificates of recoverable benefits.
(1) Before a person (‘the compensator’) makes a compensation payment he must apply to the Secretary of State for a certificate of recoverable benefits.
(2) Where the compensator applies for a certificate of recoverable benefits, the Secretary of State must—
(a) send to him a written acknowledgement of receipt of his application, and
(b) subject to subsection (7), issue the certificate before the end of the following period.
(3) The period is—
(a) the prescribed period, or
(b) if there is no prescribed period, the period of four weeks,
which begins with the day following the day on which the application is received.
(4) The certificate is to remain in force until the date specified in it for that purpose.
(5) The compensator may apply for fresh certificates from time to time.
(6) Where a certificate of recoverable benefits ceases to be in force, the Secretary of State may issue a fresh certificate without an application for one being made.
(7) Where the compensator applies for a fresh certificate while a certificate (‘the existing certificate’) remains in force, the Secretary of State must issue the fresh certificate before the end of the following period.
(8) The period is—
(a) the prescribed period, or
(b) if there is no prescribed period, the period of four weeks,
which begins with the day following the day on which the existing certificate ceases to be in force.
(9) For the purposes of this Act, regulations may provide for the day on which an application for a certificate of recoverable benefits is to be treated as received.
5 Information contained in certificates.
(1) A certificate of recoverable benefits must specify, for each recoverable benefit—
(a) the amount which has been or is likely to have been paid on or before a specified date, and
(b) if the benefit is paid or likely to be paid after the specified date, the rate and period for which, and the intervals at which, it is or is likely to be so paid.
(2) In a case where the relevant period has ended before the day on which the Secretary of State receives the application for the certificate, the date specified in the certificate for the purposes of subsection (1) must be the day on which the relevant period ended.
(3) In any other case, the date specified for those purposes must not be earlier than the day on which the Secretary of State received the application.
(4) The Secretary of State may estimate, in such manner as he think s fit, any of the amounts, rates or periods specified in the certificate.
(5) Where the Secretary of State issues a certificate of recoverable benefits, he must provide the information contained in the certificate to—
(a) the person who appears to him to be the injured person, or
(b) any person who he thinks will receive a compensation payment in respect of the injured person.
(6) A person to whom a certificate of recoverable benefits is issued or who is provided with information under subsection (5) is entitled to particulars of the manner in which any amount, rate or period specified in the certificate has been determined, if he applies to the Secretary of State for those particulars.
Liability of person paying compensation
6 Liability to pay Secretary of State amount of benefits.
(1) A person who makes a compensation payment in any case is liable to pay to the Secretary of State an amount equal to the total amount of the recoverable benefits.
(2) The liability referred to in subsection (1) arises immediately before the compensation payment or, if there is more than one, the first of them is made.
(3) No amount becomes payable under this section before the end of the period of 14 days following the day on which the liability arises.
(4) Subject to subsection (3), an amount becomes payable under this section at the end of the period of 14 days beginning with the day on which a certificate of recoverable benefits is first issued showing that the amount of recoverable benefit to which it relates has been or is likely to have been paid before a specified date.
7 Recovery of payments due under section 6.
(1) This section applies where a person has made a compensation payment but—
(a) has not applied for a certificate of recoverable benefits, or
(b) has not made a payment to the Secretary of State under section 6 before the end of the period allowed under that section.
(2) The Secretary of State may—
(a) issue the person who made the compensation payment with a certificate of recoverable benefits, if none has been issued, or
(b) issue him with a copy of the certificate of recoverable benefits or (if more than one has been issued) the most recent one,
and (in either case) issue him with a demand that payment of any amount due under section 6 be made immediately.
(3) The Secretary of State may, in accordance with subsections (4) and (5), recover the amount for which a demand for payment is made under subsection (2) from the person who made the compensation payment.
(4) If the person who made the compensation payment resides or carries on business in England and Wales and a county court so orders, any amount recoverable under subsection (3) is recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court.
(5) If the person who made the payment resides or carries on business in Scotland, any amount recoverable under subsection (3) may be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(6) A document bearing a certificate which—
(a) is signed by a person authorised to do so by the Secretary of State, and
(b) states that the document, apart from the certificate, is a record of the amount recoverable under subsection (3),
is conclusive evidence that that amount is so recoverable.
(7) A certificate under subsection...
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