Mesothelioma, etc., Act (Northern Ireland) 2008

Reconsideration N.I.

4—(1) Subject to subsection (2), the Department—

(a) may reconsider a determination that a payment should not be made under this Act, on the ground that there has been a material change of circumstances since the determination was made; and

(b) may reconsider a determination either that a payment should or that a payment should not be made under this Act, on the ground that the determination was made in ignorance of, or was based on a mistake as to, a material fact.

(2) Regulations must prescribe the manner in which and [F1 may prescribe] the period within which—

(a) an application may be made to the Department for reconsideration of a determination, or

(b) the Department may institute such a reconsideration without an application.

(3) Section 3(4) applies in relation to any reconsideration of a determination under this section as it applies in relation to the determination of a claim.

(4) Subsection (5) applies if—

(a) whether fraudulently or otherwise, any person misrepresents or fails to disclose any material fact, and

(b) in consequence of the misrepresentation or failure, a payment is made under this Act.

(5) The person to whom the payment was made is liable to repay the amount of that payment to the Department unless that person can show that the misrepresentation or failure occurred without that person's connivance or consent.

(6) Except as provided by subsection (5), no payment under this Act is recoverable by virtue of a reconsideration of a determination under this section.

(7) Any sums repaid to the Department by virtue of subsection (5) are to be paid into the Consolidated Fund.

Textual Amendments

F1 Words in s. 4(2) inserted (17.3.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 11 para. 13; S.R. 2016/166, art. 2(b)

Commencement Information

I1 S. 4 wholly in operation at 1.10.2008; s. 4 not in operation at Royal Assent see s. 12(1); s. 4(2) in operation for the purpose only of authorising the making of regulations at 27.8.2008 and for all other purposes at 1.10.2008 by S.R. 2008/351, art. 2(1)(a)(b), Sch.; s. 4 in operation at 1.10.2008 in so far as not already in operation by S.R. 2008/351, art. 2(2)