4.—(1) The Department may recover the amount of a payment to which Article 3A(2) of the Order applies (“a lump sum payment”) where—
(a)a compensation payment in consequence of a disease is made to or in respect of—
(i)a person (“P”); or
(ii)a dependant of P,
to whom, or in respect of whom, a lump sum payment has been, or is likely to be, made; and
(b)the compensation payment is made in consequence of the same disease as the lump sum payment.
(2) In paragraph (1), a reference to a payment made in consequence of a disease—
(a)is a reference to a payment made by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of the disease; but
(b)does not include a reference to a payment mentioned in Part 1 of Schedule 1 to the Order.