F1Part IV
Administration and adjudication
92 Liability of compensator unenforceable if certificate not issued within time limit.
1
The liability of the compensator to make the relevant deduction and payment relating to the first compensation payment after the default date shall not be enforceable if—
a
he has made a request under section 91(1) above which—
i
accurately states the prescribed particulars relating to the victim and the accident, injury or disease in question; and
ii
specifies the name and address of the person to whom the certificate is to be sent;
b
he has in his possession a written acknowledgment, sent to him in accordance with regulations, of the receipt of the request; and
c
the Department does not, within the time limit referred to in section 91(1) above, send the certificate to the person specified in the request as the person to whom the certificate is to be sent, at the address so specified;
and accordingly, where those liabilities cease to be enforceable, nothing in the recoupment provisions shall prevent the compensator from making that compensation payment.
2
In any case where—
a
the liability to make the relevant deduction and payment becomes unenforceable by virtue of this section, but
b
the compensator nevertheless makes that deduction and payment,
he shall be treated for all purposes as if the liability had remained enforceable.
3
Where the compensator, in reliance on this section, does not make the relevant deduction and payment, then—
a
he shall within 14 days of the default date give the Department notice of that fact together with such other particulars as may be prescribed; and
b
in determining the amount of the relevant deduction and payment to be made in connection with any subsequent compensation payment made by the same or any other compensator, the amount which, apart from this section, would have fallen to be deducted and paid by him shall continue to form part of the total benefit and shall not be treated as if it had been paid.
4
If, in the opinion of the Department, circumstances have arisen which adversely affect normal methods of communication—
a
the Department may by order provide that no liability shall become unenforceable by virtue of this section during a specified period not exceeding three months; and
b
the Department may continue any such order in force for further periods not exceeding three months at a time.
5
In this section “the default date” means the date on which the time limit mentioned in subsection (1)(c) above expires.
Pt. IV (ss. 77-99) repealed (6.10.1997) by S.I. 1997/1183 (N.I. 12), art. 31(1)(2), Sch. 3, para. 2, Sch. 4; S.R. 1997/400, art. 2(2)