Liability of person paying compensation

Liability to pay Department amount of benefits8

1

A person who makes a compensation payment in any case is liable to pay to the Department an amount equal to the total amount of the recoverable benefits.

2

The liability referred to in paragraph (1) arises immediately before the compensation payment or, if there is more than one, the first of them is made.

3

No amount becomes payable under this Article before the end of the period of 14 days from the day on which the liability arises.

4

Subject to paragraph (3), an amount becomes payable under this Article at the end of the period of 14 days beginning with (and including) the day on which a certificate of recoverable benefits is first issued showing that the amount of recoverable benefit to which it relates has been or is likely to have been paid before a specified date.

Recovery of payments due under Article 89

1

This Article applies where a person has made a compensation payment but—

a

has not applied for a certificate of recoverable benefits, or

b

has not made a payment to the Department under Article 8 before the end of the period allowed under that Article.

2

The Department may—

a

issue the person who made the compensation payment with a certificate of recoverable benefits, if none has been issued, or

b

issue him with a copy of the certificate of recoverable benefits or (if more than one has been issued) the most recent one,

and (in either case) issue him with a demand that payment of any amount due under Article 8 be made immediately.

3

The Department may, in accordance with paragraph (4), recover the amount for which a demand for payment is made under paragraph (2) from the person who made the compensation payment.

4

Any amount recoverable under paragraph (3) shall, if the county court so orders, be enforceable as if it were payable under an order of that court.

5

A document bearing a certificate which—

a

is signed by a person authorised to do so by the Department, and

b

states that the document, apart from the certificate, is a record of the amount recoverable under paragraph (3),

is conclusive evidence that that amount is so recoverable.

6

A certificate under paragraph (5) purporting to be signed by a person authorised to do so by the Department is to be treated as so signed unless the contrary is proved.