The Diffuse Mesothelioma Payment Scheme Regulations 2014

Scheme administrator’s functions to help people bring proceedings

Circumstances in which scheme administrator may help people to bring proceedings

26.—(1) The circumstances in which the scheme administrator may help a person to bring relevant proceedings under section 10 of the Act (power of scheme administrator to help people bring proceedings) are that—

(a) a payment under the scheme was made to a person who, on the basis of the information then available, was eligible under section 2 or 3 of the Act;

(b) since the payment was made, further information has become available which indicates that there is a reasonable prospect of bringing an action for damages in relevant proceedings; and

(c) the scheme administrator considers that it would in all the circumstances be appropriate to provide help to any person in bringing such proceedings.

(2) In considering whether it is appropriate to provide help to any person to bring relevant proceedings, the scheme administrator must have regard, in particular, to—

(a) the person’s prospects of success in bringing the proceedings;

(b) the level of compensation likely to be awarded in those proceedings;

(c) the aggregate amount of the payments specified in paragraph (3) that is likely to be payable to the Secretary of State in the event that any damages were to be awarded in such proceedings; and

(d) the overall balance between—

(i) the amount of the payment referred to in paragraph (1)(a); and

(ii) the costs of providing help to the person to bring relevant proceedings added to the amount referred to in sub-paragraph (c).

(3) The payments are—

(a) a payment under section 6 of the Social Security (Recovery of Benefits) Act 1997 (payment in respect of recoverable benefit) in respect of the period since the payment referred to in paragraph (1)(a) was made;

(b) a payment under article 8 of the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (payment in respect of recoverable benefit) in respect of that period;

(c) a payment under regulation 10 of the Social Security (Recovery of Benefits) (Lump sum Payments) Regulations 2008(1) (payment in respect of recoverable lump sum payments) which was not recovered from the payment referred to in paragraph (1)(a);

(d) a payment under regulation 10 of the Social Security (Recovery of Benefits) (Lump sum Payments) Regulations (Northern Ireland) 2008(2) (payment in respect of recoverable lump sum payments) which was not recovered from the payment referred to in paragraph (1)(a).

(1)

S.I. 2008/1596.

(2)

S.I. 2008/355 (N.I.).