Social Security Act 1990

5 (1) At the beginning of Part IV of that Schedule (which, among other things, relates to cases where the compensator is not resident in Great Britain) there shall be inserted the following—

“Persons in Northern Ireland

20A (1) Where, immediately before making a compensation payment to or in respect of a victim, the compensator—

(a) is not resident and does not have a place of business in Great Britain, but

(b) is resident or has a place of business in Northern Ireland,

the Great Britain provisions shall apply as if at that time he were resident or had a place of business in the relevant part of Great Britain.

(2) Where, immediately before making a Northern Ireland compensation payment to or in respect of a Northern Ireland victim, the Northern Ireland compensator—

(a) is not resident and does not have a place of business in Northern Ireland, but

(b) is resident or has a place of business in any part of Great Britain,

the Northern Ireland provisions shall apply as if at that time he were resident or had a place of business in Northern Ireland.

(3) Where an address in Northern Ireland is the first address notified in writing to the compensator by or on behalf of the victim as his residence (or, if the victim has died, by or on behalf of the intended recipient as the victim’s last residence) then—

(a) the compensator shall apply, as a Northern Ireland compensator, for a Northern Ireland certificate in accordance with the Northern Ireland provisions (and shall not make any separate application for a certificate of total benefit);

(b) any Northern Ireland certificate which is issued to the compensator in relation to the victim and the accident, injury or disease in question—

(i) shall contain a statement that it is to be treated as including a certificate of total benefit so issued by the Secretary of State and that any relevant payment required to be made to him by reference thereto is to be paid to the Northern Ireland Department as his agent; and

(ii) shall be taken to include such a certificate of total benefit; and

(c) any payment made by the compensator to the Northern Ireland Department in pursuance of such a Northern Ireland certificate shall be applied—

(i) first towards discharging his liability under the Northern Ireland provisions, and

(ii) then, as respects any remaining balance, towards discharging his liability under the Great Britain provisions,

in respect of the relevant victim and that accident, injury or disease.

(4) Where an address in any part of Great Britain is the first address notified in writing to the Northern Ireland compensator by or on behalf of the Northern Ireland victim as his residence (or, if the Northern Ireland victim has died, by or on behalf of the Northern Ireland intended recipient as the Northern Ireland victim’s last residence) then—

(a) the Northern Ireland compensator shall apply, as a compensator, for a certificate of total benefit in accordance with the Great Britain provisions (and shall not make any separate application for a Northern Ireland certificate);

(b) any certificate of total benefit which is issued to the Northern Ireland compensator in relation to the Northern Ireland victim and the accident, injury or disease in question—

(i) shall contain a statement that it is to be treated as including a Northern Ireland certificate so issued by the Northern Ireland Department and that any Northern Ireland relevant payment required to be made to that Department by reference thereto is to be paid to the Secretary of State as its agent; and

(ii) shall be taken to include such a Northern Ireland certificate; and

(c) any payment made by the Northern Ireland compensator to the Secretary of State in pursuance of such a certificate shall be applied—

(i) first towards discharging his liability under the Great Britain provisions, and

(ii) then, as respects any remaining balance, towards discharging his liability under the Northern Ireland provisions,

in respect of the relevant victim and that accident, injury or disease.

(5) For the purposes of sub-paragraph (1) above, “the relevant part of Great Britain”, in relation to a compensator, means—

(a) if the compensator has been notified in writing—

(i) by or on behalf of the victim, or

(ii) where the victim has died, by or on behalf of the intended recipient,

that the victim is or was at any time resident at an address in any part of Great Britain, that part of Great Britain (or, if more than one such notification has been given, the part in which he was so notified that the victim was most recently so resident); or

(b) in any other case, such part of Great Britain as the Secretary of State may determine in accordance with regulations.

(6) In this paragraph—

• “the Great Britain provisions” means the recoupment provisions, other than this paragraph;

• “Northern Ireland certificate” means a certificate of total benefit, within the meaning of the Northern Ireland provisions;

• “Northern Ireland compensation payment” means a compensation payment, within the meaning of the Northern Ireland provisions;

• “Northern Ireland compensator” means a compensator, within the meaning of the Northern Ireland provisions;

• “the Northern Ireland Department” has the same meaning as it has in the principal Act;

• “the Northern Ireland intended recipient” means the intended recipient, within the meaning of the Northern Ireland provisions, in relation to a Northern Ireland compensation payment;

• “the Northern Ireland provisions” means any legislation corresponding to the recoupment provisions (other than this paragraph) and having effect in Northern Ireland;

• “Northern Ireland relevant payment” means a relevant payment, within the meaning of the Northern Ireland provisions;

• “Northern Ireland victim” means a person who is the victim, within the meaning of the Northern Ireland provisions, in relation to a Northern Ireland compensation payment;

• “the relevant victim” means the person who is the victim or the Northern Ireland victim (or both), as the case may be.

(7) This paragraph extends to Northern Ireland.”

(2) In paragraph 21 of that Schedule (which makes provision for cases where the compensator is not resident and does not have a place of business in Great Britain) for the words “Great Britain” there shall be substituted the words “any part of the United Kingdom”.

(3) In section 33(6) of that Act (provisions extending to Northern Ireland) after the words “and this section” there shall be inserted the words “and paragraph 20A of Schedule 4”.

(4) In consequence of sub-paragraph (1) above—

(a) in Article 59(10) of the [S.I. 1986/1888 (N.I. 18).] Social Security (Northern Ireland) Order 1986 (definition of “the recoupment provisions”) after the words “Order 1989” there shall be inserted the words “and paragraph 20A of Schedule 4 to the Social Security Act 1989”; and

(b) in the definition of “the recoupment provisions” in paragraph 1(1) of Schedule 4 to the [S.I. 1989/1342 (N.I. 13).] Social Security (Northern Ireland) Order 1989, after the word “Schedule” there shall be inserted the words “and paragraph 20A of Schedule 4 to the Social Security Act 1989”.