Mesothelioma, etc., Act (Northern Ireland) 2008

Prospective

Recovery of mesothelioma and other lump sum payments N.I.

Amendment of Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 N.I.

8  After Article 3 of the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12) insert—

“Lump sum payments: regulation-making power

3A— (1) The Department may by regulations make provision about the recovery of the amount of a payment to which paragraph (2) applies (a “lump sum payment”) where—

(a) a compensation payment in consequence of a disease is made to or in respect of a person (“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) This paragraph applies to—

(a) a payment made in accordance with the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 (in this Article referred to as “the 1979 Order”);

(b) a payment made in accordance with the Mesothelioma, etc., Act (Northern Ireland) 2008, and

(c) an extra-statutory payment (within the meaning given by paragraph (5)(d)).

(3) Regulations under this Article may, in particular—

(a) make provision about the recovery of the amount of a lump sum payment made to or in respect of a dependant of P;

(b) make provision enabling the recovery of the amount of a lump sum payment from a compensation payment (including provision enabling the recovery of an amount which reduces the compensation payment to nil);

(c) enable the amount of a lump sum payment made before commencement to be recovered from a compensation payment made after commencement;

(d) make provision about certificates in respect of lump sum payments;

(e) apply any provision of this Order, with or without modifications.

(4) References in paragraph (1) to a payment made in consequence of a disease—

(a) are references 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) do not include references to a payment mentioned in Part 1 of Schedule 1.

(5) In this Article—

(a) “commencement” means the date on which this Article comes into operation,

(b) “compensation payment” means a payment within Article 3(1)(a),

(c) “dependant” has the meaning given by Article 5 of the 1979 Order, and

(d) “extra-statutory payment” means a payment made by the Department to or in respect of a person following the rejection by the Department of a claim under the 1979 Order.”.