The Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations (Northern Ireland) 2008

PART 2 N.I. Certificates

Applications for certificates N.I.

8.—(1) Before making a compensation payment the compensator must apply to the Department for a certificate.

(2) Where the compensator applies for a certificate, the Department must—

(a) send to the compensator a written acknowledgment of receipt of the application; and

(b) issue the certificate before the end of the period of 4 weeks from the day on which the application is received.

(3) An application for a certificate is to be treated for the purposes of the Order as received on the day on which it is received by the Department, or if the application is received after normal business hours, or on a day which is not a normal business day, on the next such day.

Commencement Information

I1 Reg. 8 in operation at 1.10.2008, see reg. 1(1)

Information contained in certificates N.I.

9.—(1) Subject to paragraph (2), a certificate must specify—

(a) the amounts;

(b) which of the type of payments referred to in Article 3A(2) of the Order applies; and

(c) the dates,

of any lump sum payments which have been, or are likely to have been, paid.

(2) Where the type of payment is an extra-statutory payment, the certificate may specify that type of payment as if it were a payment to which Article 3A(2)(a) of the Order applies.

[F1 (2A) Where a certificate has been applied for by the scheme administrator, the certificate may contain information which would assist the scheme administrator in making a determination in accordance with the Diffuse Mesothelioma Payment Scheme.]

(3) The Department may estimate, in such manner as it thinks fit the amount of the lump sum payments specified in the certificate.

(4) Where the Department issues a certificate, the information contained in that certificate must be provided to—

(a) the person who appears to it to be P; or

(b) any person who it thinks will receive a compensation payment in respect of P.

(5) A person to whom a certificate is issued or who is provided with information under paragraph (4) is entitled to particulars of the manner in which any amount, type of payment or date specified in the certificate has been determined, if that person applies to the Department for those particulars.

Textual Amendments

F1 Reg. 9(2A) inserted (1.7.2014) by The Social Security (Recovery of Benefits) (Lump Sum Payments) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/162), regs. 1, 2(7)

Commencement Information

I2 Reg. 9 in operation at 1.10.2008, see reg. 1(1)