The Recovery of Health Services Charges (Amounts) Regulations (Northern Ireland) 2006

Underpayments by compensators

7.—(1) This paragraph applies where—

(a) either—

(i) the the Department has made a re-determination of the relevant health services charges in accordance with regulation 5(4), or

(ii) as a result of a review under or by virtue of Article 8, or an appeal under Article 9 or 11, a fresh certificate has been issued or a certificate has been revoked; and

(b) in consequence of the re-determination, review or appeal it appears that the amount of any relevant health services charges paid by any person is less than the amount that the person ought to have paid.

(2) Where paragraph (1) applies—

(a) the person who paid the relevant health services charges shall pay to the the Department the difference between the amount that has been paid and the amount that ought to have been paid; and

(b) the the Department shall pay that difference to the relevant health services body.

(3) Where any payment to be made under paragraph (2)(a) relates to—

(a) health services treatment received at more than one hospital; or

(b) health services treatment received at one or more hospitals and the provision of health services ambulance services,

the the Department shall divide the difference among the relevant health services bodies concerned in such manner as it considers appropriate.

(4) For the purposes of this regulation, the relevant health services body is the relevant ambulance trust(1) or responsible body to which the the Department is required by Article 14(1) to pay the amount of any relevant health services charges paid to it.

(1)

See Article 14(6) of the 2006 Order for the definition of relevant ambulance trust