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PART IV E+W+SMISCELLANEOUS MATTERS

Benefits exceed compensationE+W+S

14.  Where, after making the relevant deduction from the compensationpayment, there is no balance remaining for payment to the intendedrecipient, any reference in Schedule 4 to the making of the compensationpayment shall be construed as a reference to the acceptance by the intendedrecipient of an offer in respect of his claim against the compensator.

Foreign compensatorsE+W+S

15.  Where immediately before the making of a compensation payment, the compensator is not resident and does not have a place of business in Great Britain, then these Regulations shall be modified in their application to the intended recipient in accordance with the following provisions—

(a)regulation 5 shall apply with the additional requirement that the intended recipient supply the Secretary of State with the name of the compensator and his address; and

(b)regulation 9 shall apply with the additional requirement that he supply the Secretary of State with details of—

(i)the amount of the compensation paid to him, and

(ii)whether that payment represents the final payment in respect of the accident, injury or disease.

Transitional provisions and savingE+W+S

16.—(1) A compensator who may make a compensation payment after 2nd September 1990 in respect of an accident, injury or disease which occurred on or after 1st January 1989 but before 2nd April 1990, shall so inform the Secretary of State as soon as reasonably practicable.

(2) Where an accident or injury occurred or a disease was diagnosed before 1st January 1989 and a compensation payment in respect of that accident, injury or disease is or may be made after 2nd September 1990, then

(a)the provisions of Section 2 of the Law Reform (Personal Injuries) Act 1948 M1shall apply to that payment as though the amendment made to it in paragraph 22 of Schedule 4 to the 1989 Act, had not been enacted, and

(b)the payment shall be calculated as if section 22(6) of that Act had not been enacted.

Marginal Citations