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

Regulation 3

SCHEDULE 2E+W+SConsequential amendments

This schedule has no associated Explanatory Memorandum

1.  The Social Security and Child Support (Decisions and Appeals) Regulations 1999 M1 are amended as follows—E+W+S

(a)in regulation 1(3) (interpretation), after the definition of “referral” insert—

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

(b)after regulation 9 (certificates of recoverable benefits), insert—

“Review of certificates

9ZA.—(1) A certificate may be reviewed under section 10 of the 1997 Act where the Secretary of State 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 section 1A(5) of the 1997 Act) is in excess of the amount due to the Secretary of State;

(c)incorrect or insufficient information was supplied to the Secretary of State 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 section 11 of the 1997 Act or an appeal has been made under that section; 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 and regulations 1(3) in paragraph (b) of the definition of “party to the proceedings”, 29, 31, 33, 36(2)(a)(ii) and 58(1), where applicable—

(a)any reference to the 1997 Act is to be construed so as to include a reference to that Act as applied by regulation 2 of the Lump Sum Payments Regulations and, where applicable, as modified by Schedule 1 to those Regulations;

[F1(b) “ certificate ” means a certificate of recoverable lump sum payments, including where any of the amounts is nil; ]

(c)“lump sum payment” is a payment to which section 1A(2) of the 1997 Act applies;

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

(c)in regulation 29 (further particulars required relating to certificate of recoverable benefits appeals or applications)—

(i)in the heading to that regulation and paragraphs (1), (1)(a) and (6), after “recoverable benefits” insert “ or, as the case may be, recoverable lump sum payments ”;

(ii)in paragraph (2), after “1997 Act” insert “ or, in the case of lump sum payments, [F2regulation 13] of the Lump Sum Payments Regulations ”;

(d)in regulation 31 (time within which an appeal is to be brought)—

(i)in paragraph (3), after “recoverable benefits” insert “ or, as the case may be, recoverable lump sum payments ”;

(ii)in paragraph (3)(a) after “1997 Act” add “ or, in the case of lump sum payments, regulation 10 of the Lump Sum Payments Regulations ”;

(iii)for paragraph (3)(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, arising out of the accident, injury or disease; or

(ii)P, arising out of the disease,

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

[F3(e)in regulation 33 (making of appeals and applications)—

(i)in paragraph (1)(d) after “recoverable benefits” insert “, recoverable lump sum payments”;

(ii)in paragraph (2)(a) after “recoverable benefits” insert “or, as the case maybe, recoverable lump sum payments”.]

Textual Amendments

F2Words in Sch. 2 para. 1(2)(c)(ii) substituted (1.10.2008) by Social Security (Miscellaneous Amendments) (No.3) Regulations 2008 (S.I. 2008/2365), regs. 1, 6(5)

Marginal Citations