SCHEDULES

SCHEDULE 1Recovery of benefits etc from payments and recovery of payments

Part 1Recovery of benefits etc from scheme payments

3Recovery of benefits etc from scheme payments: England and Wales and Scotland

After section 8 insert—

8AReduction of payment under Diffuse Mesothelioma Payment Scheme

1

This section applies instead of section 8 in a case where the compensation payment is a payment under the Diffuse Mesothelioma Payment Scheme.

2

The gross amount of the compensation payment—

a

is to be reduced by the amount of the recoverable benefit, and

b

accordingly, is to be reduced to nil in any case where the amount of the recoverable benefit is equal to or greater than the gross amount of the compensation payment.

3

Any claim of a person to receive the compensation payment is to be treated for all purposes as discharged if—

a

the person is paid the gross amount of the compensation payment less the amount of the recoverable benefit, or

b

the amount of the recoverable benefit is equal to or greater than the gross amount of the compensation payment and the person is given a statement by the scheme administrator saying that the compensation payment has been reduced to nil.