Reviews and appeals
Appeals against certificates of recoverable benefits13
1
An appeal against a certificate of recoverable benefits may be made on the ground—
a
that any amount, rate or period specified in the certificate is incorrect, or
b
that listed benefits which have been, or are likely to be, paid otherwise than in respect of the accident, injury or disease in question have been brought into account.
2
An appeal under this Article may be made by—
a
the person who applied for the certificate of recoverable benefits, or
b
(in a case where the amount of the compensation payment has been calculated under Article 10) the injured person or other person to whom the payment is made.
3
No appeal may be made under this Article until—
a
the claim giving rise to the compensation payment has been finally disposed of, and
b
the liability under Article 8 has been discharged.
4
For the purposes of paragraph (3)(a), if an award of damages in respect of a claim has been made under or by virtue of paragraph 10(2)(a) of Schedule 6 to the [1982 c. 53.] Administration of Justice Act 1982, (orders for provisional damages in personal injury cases), the claim is to be treated as having been finally disposed of.
5
Regulations may make provision—
a
as to the manner in which, and the time within which, appeals under this Article may be made,
b
as to the procedure to be followed where such an appeal is made, and
c
for the purpose of enabling any such appeal to be treated as an application for review under Article 12.
6
Regulations under paragraph (5)(c) may (among other things) provide that the circumstances in which a review may be carried out are not to be restricted to those specified in Article 12(1).