Social Security (Recovery of Benefits) (Northern Ireland) Order 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/1183 |
| Year | 1997 |
1997 No. 1183 (N.I. 12)
NORTHERN IRELAND
The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997
Made 8th April 1997
Laid before Parliament 14th May 1997
Coming into operation on days to be appointed under Article 1(2)
At the Court at Windsor Castle, the 8th day of April 1997
Present,
The Queen’s Most Excellent Majesty in Council
Whereas this Order is made only for purposes corresponding to those of the provisions of the1Social Security (Recovery of Benefits) Act 1997:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the2Northern Ireland Act 1974 (as modified by section 25 of the said Act of 1997) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Title and commencement
1.—(1) This Order may be cited as the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997.
(2) This Order shall come into operation on such day or days as the Department may by order appoint.
Interpretation
2.—(1) The 3Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order—
“the Administration Act” means the4Social Security Administration (Northern Ireland) Act 1992;
“benefit” means any benefit under the Contributions and Benefits Act, 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;
“the Contributions and Benefits Act” means the5Social Security Contributions and Benefits (Northern Ireland) Act 1992;
“the Department” means the Department of Health and Social Services;
“listed benefit” means a benefit listed in column (2) of Schedule 2;
“National Insurance Fund” means the Northern Ireland National Insurance Fund;
“payment” means payment in money or money’s worth;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Department;
“statutory provision” has the meaning assigned to it by section 1(f) of the6Interpretation Act (Northern Ireland) 1954.
Introductory
Cases in which this Order applies
3.—(1) This Order applies in cases where—
(a)
(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)
(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 in paragraph (1)(a) to a payment in consequence of any accident, injury or disease is to a payment made—
(a)
(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)
(b) in pursuance of a compensation scheme for motor accidents,
but does not include a payment mentioned in Part I of Schedule 1.
(3) Paragraph (1)(a) applies to a payment made—
(a)
(a) voluntarily, or in pursuance of a court order or an agreement, or otherwise, and
(b)
(b) in the United Kingdom or elsewhere.
(4) In a case where this Order applies—
(a)
(a) the “injured person” is the person who suffered the accident, injury or, disease,
(b)
(b) the “compensation payment” is the payment within paragraph (1)(a), ad
(c)
(c) “recoverable benefit” is any listed benefit which has been or is likely to be paid as mentioned in paragraph (1)(b).
Compensation payments to which this Order applies
4. This Order applies in relation to compensation payments made on or after the day on which this Article comes into operation, unless they are made in pursuance of a court order or agreement made before that day.
“The relevant period”
5.—(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 paragraphs.
(2) Subject to paragraph (4), if it is a case of accident or injury, the relevant period is the period of five years from the day on which the accident or injury in question occurred.
(3) Subject to paragraph (4), if it is a case of disease, the relevant period is the period of five years beginning with (and including) 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 paragraph (2) or (3t
(a)
(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)
(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
Applications for certificates of recoverable benefits
6.—(1) Before a person (“the compensator”) makes a compensation payment he shall apply to the Department for a certificate of recoverable benefits.
(2) Where the compensator applies for a certificate of recoverable benefits, the Department shall—
(a)
(a) send to him a written acknowledgement of receipt of his application, and
(b)
(b) subject to paragraph (7), issue the certificate before the end of the following period.
(3) The period is—
(a)
(a) the prescribed period, or
(b)
(b) if there is no prescribed period, the period of four weeks,
which begins with 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 Department 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 Department shall issue the fresh certificate before the end of the following period.
(8) The period is—
(a)
(a) the prescribed period, or
(b)
(b) if there is no prescribed period, the period of four weeks,
which begins with the day on which the existing certificate ceases to be in force.
(9) For the purposes of this Order, regulations may provide for the day on which an application for a certificate of recoverable benefits is to be treated as received.
Information contained in certificates
7.—(1) A certificate of recoverable benefits shall specify, for each recoverable benefit—
(a)
(a) the amount which has been or is likely to have been paid on or before a specified date, and
(b)
(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 Department receives the application for the certificate, the date specified in the certificate for the purposes of paragraph (1) shall be the day on which the relevant period ended.
(3) In any other case, the date specified for those purposes shall not be earlier than the day on which the Department received the application.
(4) The Department may estimate, in such manner as it thinks fit, any of the amounts, rates or periods specified in the certificate.
(5) Where the Department issues a certificate of recoverable benefits, it shall provide the information contained in the certificate to—
(a)
(a) the person who appears to it to be the injured person, or
(b)
(b) any person who it 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 paragraph (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 Department for those particulars.
Liability of person paying compensation
Liability to pay Department amount of benefits
8.—(1) A person who makes a compensation payment in any case is liable to pay to the Department an amount equal to the total amount of the recoverable benefits.
(2) The liability referred to in paragraph (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 Article before the end of the period of 14 days from the day on which the liability arises.
(4) Subject to paragraph (3), an amount becomes payable under this Article at the end of the period of 14 days beginning with (and including) 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.
Recovery of payments due under Article 8
9.—(1) This Article applies where a person has made a compensation payment but—
(a)
(a) has not applied for a certificate of recoverable benefits, or
(b)
(b) has not made a payment to the Department under Article 8 before the end of the period allowed under that Article.
(2) The Department may—
(a)
(a) issue the person who made the compensation payment with a certificate of recoverable benefits, if none has been issued, or
(b)
(b) issue him...
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