- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
15.—(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 paragraph 14(1) 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 paragraph 14(1) 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 paragraph; 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 paragraph, 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 paragraph, 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 paragraph during a specified period not exceeding 3 months; and
(b)the Department may continue any such order in force for further periods not exceeding 3 months at a time.
(5) In this paragraph “the default date” means the date on which the time limit mentioned in sub-paragraph (1)(c) expires.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: