Social Security (Recovery of Benefits) Act 1997

11 Appeals against certificates of recoverable benefits

(1) An appeal against a certificate of recoverable benefits may be made on the ground—

(a) that any amount, rate or period specified in the certificate is incorrect, or

(b) that listed benefits which have been, or are likely to be, paid otherwise than in respect of the accident, injury or disease in question have been brought into account.

(2) An appeal under this section may be made by—

(a) the person who applied for the certificate of recoverable benefits, or

(b) (in a case where the amount of the compensation payment has been calculated under section 8) the injured person or other person to whom the payment is made.

(3) No appeal may be made under this section until—

(a) the claim giving rise to the compensation payment has been finally disposed of, and

(b) the liability under section 6 has been discharged.

(4) For the purposes of subsection (3)(a), if an award of damages in respect of a claim has been made under or by virtue of—

(a) section 32A(2)(a) of the [1981 c. 54.] Supreme Court Act 1981,

(b) section 12(2)(a) of the [1982 c. 53.] Administration of Justice Act 1982, or

(c) section 51(2)(a) of the [1984 c. 28.] County Courts Act 1984,

(orders for provisional damages in personal injury cases), the claim is to be treated as having been finally disposed of.

(5) Regulations may make provision—

(a) as to the manner in which, and the time within which, appeals under this section may be made,

(b) as to the procedure to be followed where such an appeal is made, and

(c) for the purpose of enabling any such appeal to be treated as an application for review under section 10.

(6) Regulations under subsection (5)(c) may (among other things) provide that the circumstances in which a review may be carried out are not to be restricted to those specified in section 10(1).