The Social Security(Northern Ireland) Order 1989

PART IV MISCELLANEOUS

Foreign compensators: duties of intended recipient

21.—(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 paragraph, 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.

Amendment of Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23)

22.—(1) In section 3, in subsection (1) (which requires that, in assessing damages, half of certain benefits shall be brought into account against loss of profits or earnings)—

(a) after “contract),” insert “where this section applies”;

(b) for the words from “against any loss” to “from the injuries” substitute “against them”; and

(c) for the words from “therefrom” onwards substitute

“from the injuries in respect of—

(a) any of the relevant benefits, within the meaning of Article 24 of the Social Security (Northern Ireland) Order 1989; or

(b) any corresponding benefits payable in Great Britain,

for the five years beginning with the time when the cause of action accrued.”

(2) After that subsection insert the following subsection—

“(1A) This section applies in any case where the amount of the damages that would have been awarded apart from any reduction under subsection (1) above is less than the sum for the time being prescribed under paragraph 4(1) of Schedule 4 to the Social Security (Northern Ireland) Order 1989 (recoupment of benefit: exception for small payments).”.

(3) Subsection (2) of that section (disregard of increase for constant attendance) shall cease to have effect.