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Social Security and Housing Benefits Act 1982

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This is the original version (as it was originally enacted).

16Enforcement of decisions

(1)This section applies to any case where—

(a)a decision of an insurance officer, local tribunal or Commissioner in proceedings under this Part is that an employee is entitled to an amount of statutory sick pay; and

(b)the requirements of regulations made under section 8(2) of this Act (time within which statutory sick pay to be pa(d) have not been satisfied in respect of the whole or any part of that amount.

(2)In a case to which this section applies—

(a)any amount payable in pursuance of the decision shall, if the county court so orders, be recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court;

(b)the decision (or a copy of the decision certified by the person who, or chairman of the tribunal which, made it) may be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(3)Regulations may, in relation to cases to which this section applies, make provision for payments to be made by the Secretary of State to employees in prescribed circumstances in connection with court fees (including sheriff officers' and messengers-at-arms' fees for doing diligence) incurred, or likely to be incurred, by those employees in seeking to enforce decisions by virtue of subsection (2) above.

(4)The regulations may, in particular, make provision for the recovery of payments made under the regulations from persons to whom such payments are made ; and any sum so recoverable may, without prejudice to any other method of recovery, be recovered by deduction from prescribed benefits (" benefits " having the meaning given by the regulations).

(5)Any payment made by the Secretary of State under the regulations shall be paid out of the National Insurance Fund, and any sums recovered by him under the regulations shall be paid into that Fund.

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