The Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations (Northern Ireland) 2008

Regulation 3

SCHEDULE 2 Consequential amendments

1.  The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(1) shall be amended in accordance with paragraphs 2 to 6.

2.  In regulation 1(2) (interpretation) after the definition of “limited capability for work”(2) insert—

““the Lump Sum Payments Regulations” means the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations (Northern Ireland) 2008;”.

3.  After regulation 9 (certificates of recoverable benefits) insert—

“Review of certificates of recoverable lump sum payments

9ZA.— (1) A certificate of recoverable lump sum payments may be reviewed under Article 12 of the Recovery of Benefits Order where the Department is satisfied that—

(a) a mistake (whether in the computation of the amount specified or otherwise) occurred in the preparation of the certificate;

(b) the lump sum payment recovered from a compensator who makes a compensation payment (as defined in Article 3A(5) of the Recovery of Benefits Order) is in excess of the amount due to the Department;

(c) incorrect or insufficient information was supplied to the Department by the compensator who applied for the certificate and in consequence the amount of lump sum payment specified in the certificate was less than it would have been had the information supplied been correct or sufficient;

(d) a ground for appeal is satisfied under Article 13 of the Recovery of Benefits Order or an appeal has been made under that Article; or

(e) a certificate has been issued and, for any reason, a recoverable lump sum payment was not included in that certificate.

(2) In this regulation, in paragraph (b) of the definition of “party to the proceedings” in regulation 1(2) and in regulations 29, 31, 33, 36(2)(a)(ii) and 58(1), where applicable—

(a) any reference to the Recovery of Benefits Order is to be construed as a reference to that Order as applied by regulation 2 of the Lump Sum Payments Regulations and, where applicable, as modified by Schedule 1 to those Regulations;

(b) “lump sum payment” is a payment to which Article 3A(2) of the Recovery of Benefits Order applies;

(c) “P” is to be construed in accordance with regulations 4(1)(a)(i) and 5 of the Lump Sum Payments Regulations.”

4.  In regulation 29 (further particulars required relating to certificate of recoverable benefits appeals or applications)—

(a) in the heading and paragraphs (1) and (6) after “recoverable benefits”, in each place where it occurs, insert “or, as the case may be, recoverable lump sum payments”, and

(b) in paragraph (2) after “Recovery of Benefits Order” insert “or, in the case of lump sum payments, regulation 13 of the Lump Sum Payments Regulations”.

5.  In regulation 31(3) (time within which appeals are to be brought)—

(a) after “recoverable benefits” insert “or, as the case may be, recoverable lump sum payments”,

(b) in sub-paragraph (a) at the end add “or, in the case of lump sum payments, regulation 10 of the Lump Sum Payments Regulations”, and

(c) for sub-paragraph (c) substitute—

“(c) where an agreement is made under which an earlier compensation payment is treated as having been made in final discharge of a claim made by or in respect of—

(i) an injured person and arising out of the accident, injury or disease, or

(ii) P and arising out of the disease,

not later than one month after the date of that agreement.”.

6.  In regulation 33(1)(d) (making of appeals and applications) for “or, as the case may be, the subject of the application” substitute “, the certificate of recoverable lump sum payments or the subject of the application, as the case may be, ”.

(1)

S.R. 1999 No. 162; relevant amending Regulations are S.R. 2008 No. 286

(2)

The definition of “limited capability for work” was inserted by regulation 22(2)(f) of S.R. 2008 No. 286