The Recovery of Health Services Charges (Reviews and Appeals) Regulations (Northern Ireland) 2007

Review of certificates

2.—(1) For the purposes of Article 8(1), notification of an order, judgement, minute or document referred to in that Article is to be given to the Department by the compensator sending to it—

(a) a copy of the order, judgement, minute or document concerned; and

(b) particulars of the proportion by which the damages payable in respect of the claim are to be reduced to reflect the injured person’s share in the responsibility for the injury in question.

(2) The Department must review a certificate relating to a claim which, after the certificate is issued, becomes a qualifying claim (as defined in Article 5(9)) if, not later than 3 months after the claim becomes a qualifying claim, the report containing the information required by regulation 3(1)(a) (production of report) of the Recovery of Health Services Charges (General) Regulations 2006(1) is sent by the compensator to the Department.

(3) Subject to paragraph (4), the Department may review a certificate where it is satisfied that—

(a) a mistake (whether in computation of the amount specified or otherwise) may have occurred in the preparation of the certificate;

(b) the amount specified in the certificate may be in excess of the amount due to the Department;

(c) incorrect or insufficient information may have been supplied to the Department by the person to whom the certificate was issued and, in consequence, the amount specified in the certificate was less than it would have been had the information supplied been correct or sufficient; or

(d) a ground for an appeal against a certificate may be satisfied.

(4) An application for a review under Article 8(3) must be in writing on a form approved by the Department(2) and sent to it not later than 3 months after—

(a) the date on the certificate; or

(b) if later, the date on which the compensation payment was made.

(1)

S.R. 2006 No. 536

(2)

Any form approved by the Department and referred to in these Regulations is obtainable from the Compensation Recovery Unit, Magnet House, 81-93 York Street, Belfast BT15 1SS.