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.