The Social Security (Recovery of Benefits) Regulations 1997

Transitional provisions

12.—(1) In relation to a compensation payment to which by virtue of section 2 the 1997 Act applies and subject to paragraph (2), a certificate of total benefit issued under Part IV of the 1992 Act shall be treated on or after the commencement date as a certificate of recoverable benefits issued under the 1997 Act and the amount of total benefit treated as that of recoverable benefits.

(2) Paragraph (1) shall not apply to a certificate of total benefit which specifies an amount in respect of disability living allowance without specifying whether that amount was, or is likely to be, paid wholly by way of the care component or the mobility component or (if not wholly one of them) specifying the relevant amount for each component.

(3) Any appeal under section 98 of the 1992 Act made on or after the commencement date shall be referred to and determined by a medical appeal tribunal notwithstanding that it would otherwise have been referred by the Secretary of State to a social security appeal tribunal.

(4) Paragraph (5) applies where—

(a) an amount has been paid to the Secretary of State under section 82(1)(b) of the 1992 Act,

(b) liability arises on or after the commencement day to make a payment under section 6(1), and

(c) the compensation payments which give rise to the liability to make both payments are to or in respect of the same injured person in consequence of the same accident, injury or disease.

(5) Where this paragraph applies, the liability under section 6 shall be reduced by the payment (or aggregate of the payments, if more than one) described in paragraph (4)(a).

(6) Where–

(a) a payment into court has been made on a date prior to the commencement day but the initial period, as defined in section 93(6) of the 1992 Act, in relation to that payment, expires on or after the commencement day; and

(b) the payment into court is accepted by the other party to the action in the initial period,

that payment into court shall be treated as a compensation payment to which the 1992 Act, and not the 1997 Act, applies.

(7) Where a payment into court has been made prior to the commencement day, remains in court on that day and paragraph (6) does not apply, that payment into court shall be treated as a payment to which the 1997 Act applies, but paragraph (1) (b) and (c) of regulation 8 shall not apply.