4.—(1) The Department may recover the amount of [F2a lump sum payment] where—
(a)a compensation payment in consequence of a disease is made to or in respect of—
(i)a person (“P”); or
(ii)a dependant of P,
to whom, or in respect of whom, a lump sum payment has been, or is likely to be, made; F3...
[F4(ab)the compensation payment is not a payment under the Diffuse Mesothelioma Payment Scheme; and]
(b)the compensation payment is made in consequence of the same disease as the lump sum payment.
[F5(1A) The Department may also recover the amount of lump sum payments to which Article 3A(2)(d) of the Order applies where—
(a)any such payment has been, or is likely to be, made to one or more dependants of P;
(b)by virtue of a notice given under section 3(3) of the 2014 Act, any other dependant of P has ceased to be eligible for a lump sum payment to which Article 3A(2)(d) of the Order applies; and
(c)a compensation payment in consequence of P’s diffuse mesothelioma is made to that other dependant.]
(2) In paragraph (1), a reference to a payment made in consequence of a disease—
(a)is a reference to a payment made by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of the disease; but
(b)does not include a reference to a payment mentioned in Part 1 of Schedule 1 to the Order.
Textual Amendments
F1Words in reg. 4 heading added (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(3)(a)
F2Words in reg. 4(1) substituted (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(3)(b)(i)
F3Word in reg. 4(1)(a) omitted (1.7.2014) by virtue of The Social Security (Recovery of Benefits) (Lump Sum Payments) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/162), regs. 1, 2(3)(b)(ii)
F4Reg. 4(1)(ab) 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(3)(b)(iii)
F5Reg. 4(1A) 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(3)(c)
Commencement Information