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Social Security (Recovery of Benefits) Act 1997
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1 Cases in which this Act applies.E+W+S
(1)This Act applies in cases where—
(a)a person makes a payment (whether on his own behalf or not) to or in respect of any other person in consequence of any accident, injury or disease suffered by the other, and
(b)any listed benefits have been, or are likely to be, paid to or for the other during the relevant period in respect of the accident, injury or disease.
(2)The reference above to a payment in consequence of any accident, injury or disease is to a payment made—
(a)by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of the accident, injury or disease, F1...
(b)in pursuance of a compensation scheme for motor accidents[F2, or
(c)under the Diffuse Mesothelioma Payment Scheme (established under the Mesothelioma Act 2014);]
but does not include a payment mentioned in Part I of Schedule 1.
(3)Subsection (1)(a) applies to a payment made—
(a)voluntarily, or in pursuance of a court order or an agreement, or otherwise, and
(b)in the United Kingdom or elsewhere.
(4)In a case where this Act applies—
(a)the “injured person” is the person who suffered the accident, injury or disease,
(b)the “compensation payment” is the payment within subsection (1)(a), and
(c)“recoverable benefit” is any listed benefit which has been or is likely to be paid as mentioned in subsection (1)(b).
Textual Amendments
F1Word in s. 1(2)(a) omitted (31.3.2014) by virtue of Mesothelioma Act 2014 (c. 1), s. 19(1), Sch. 1 para. 2(a); S.I. 2014/459, art. 3(c)
F2S. 1(2)(c) inserted (31.3.2014) by Mesothelioma Act 2014 (c. 1), s. 19(1), Sch. 1 para. 2(b); S.I. 2014/459, art. 3(c)
Modifications etc. (not altering text)
C1S. 1(3) 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)
Commencement Information
I1S. 1 wholly in force at 6.10.1997; s. 1 not in force at Royal Assent see s. 34(2); s. 1(2) in force for certain purposes at 3.9.1997 by S.I. 1997/2085, art. 2(1); s. 1 force at 6.10.1997 insofar as not already in force by S.I. 1997/2085, art. 2
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