Social Security (Recovery of Benefits) Act 1997 (c. 27)

Provisions relating to Northern Ireland U.K.

25 Corresponding provision for Northern Ireland. U.K.

An Order in Council made under paragraph 1(1)(b) of Schedule 1 to the M1 Northern Ireland Act 1974 which contains a statement that it is made only for purposes corresponding to those of the provisions of this Act—

(a) shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule (affirmative resolution of both Houses of Parliament), but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Marginal Citations

M1 1974 c. 28.

26 Residence of the injured person. U.K.

(1) In a case where this Act applies, if the injured person’s address is in Northern Ireland—

(a) the person making the compensation payment must apply for a certificate under the Northern Ireland provisions, and may not make any separate application for a certificate of recoverable benefits,

(b) any certificate issued as a result under the Northern Ireland provisions—

(i) is to be treated as including a certificate of recoverable benefits,

(ii) must state that it is to be so treated, and

(iii) must state that any payment required to be made to the Secretary of State under this Act is to be made to the Northern Ireland Department as his agent, and

(c) any payment made pursuant to a certificate so issued is to be applied—

(i) first towards discharging the liability of the person making the compensation payment under the Northern Ireland provisions, and

(ii) then, as respects any remaining balance, towards discharging his liability under section 6.

(2) In a case where the Northern Ireland provisions apply, if the injured person’s address is in any part of Great Britain—

(a) the person making the compensation payment must apply for a certificate of recoverable benefits, and may not make any separate application for a certificate under the Northern Ireland provisions,

(b) any certificate of recoverable benefits issued as a result—

(i) is to be treated as including a certificate under the Northern Ireland provisions,

(ii) must state that it is to be so treated, and

(iii) must state that any payment required to be made to the Northern Ireland Department under the Northern Ireland provisions is to be made to the Secretary of State as its agent, and

(c) any payment made pursuant to a certificate of recoverable benefits so issued is to be applied—

(i) first towards discharging the liability of the person making the compensation payment under section 6, and

(ii) then, as respects any remaining balance, towards discharging his liability under the Northern Ireland provisions.

(3) In this section—

(a) “the injured person’s address” is the address first notified in writing to the person making the payment by or on behalf of the injured person as his residence (or, if he has died, by or on behalf of the person entitled to receive the compensation payment as the injured person’s last residence),

(b) “Northern Ireland Department” means the Department of Health and Social Services for Northern Ireland,

(c) “the Northern Ireland provisions” means—

(i) any legislation corresponding to this Act (other than this section and section 27) and having effect in Northern Ireland, and

(ii) this section and section 27,

and

(d) any reference in relation to the Northern Ireland provisions to—

(i) the injured person, means the injured person within the meaning of those provisions,

(ii) a certificate, means a certificate under those provisions corresponding to the certificate of recoverable benefits, and

(iii) a compensation payment, means a compensation payment within the meaning of those provisions.

Modifications etc. (not altering text)

C1 Ss. 26 27 applied (with modifications) (1.10.2008) by Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 (S.I. 2008/1596), regs. 1(1), 2, Sch. 1 (with reg. 6)

27 Jurisdiction of courts. U.K.

(1) In a case where this Act applies, if immediately before making a compensation payment a person—

(a) is not resident and does not have a place of business in Great Britain, but

(b) is resident or has a place of business in Northern Ireland,

subsections (4) and (5) of section 7 apply in relation to him as if at that time he were resident or had a place of business in the relevant part of Great Britain.

(2) In a case where the Northern Ireland provisions apply, if immediately before making a compensation payment a person—

(a) is not resident and does not have a place of business in Northern Ireland, but

(b) is resident or has a place of business in any part of Great Britain,

any provision of the Northern Ireland provisions corresponding to subsection (4) or (5) of section 7 applies in relation to him as if at that time he were resident or had a place of business in Northern Ireland.

(3) In this section—

(a) “the relevant part of Great Britain” means—

(i) the part of Great Britain in which the injured person is or was most recently resident (as determined by any written statement given to the person making the payment by or on behalf of the injured person or, if he has died, by or on behalf of the person entitled to receive the compensation payment), or

(ii) if no such statement has been given, such part of Great Britain as may be prescribed, and

(b) “the Northern Ireland provisions” and references to compensation payments in relation to such provisions have the same meaning as in section 26.

Modifications etc. (not altering text)

C1 Ss. 26 27 applied (with modifications) (1.10.2008) by Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 (S.I. 2008/1596), regs. 1(1), 2, Sch. 1 (with reg. 6)