Lump sum payments: regulation-making power3A

1

The Department may by regulations make provision about the recovery of the amount of a payment to which paragraph (2) applies (a “lump sum payment”) where—

a

a compensation payment in consequence of a disease is made to or in respect of a person (“P”) to whom, or in respect of whom, a lump sum payment has been, or is likely to be, made, and

b

the compensation payment is made in consequence of the same disease as the lump sum payment.

2

This paragraph applies to—

a

a payment made in accordance with the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 (in this Article referred to as “the 1979 Order”);

b

a payment made in accordance with the Mesothelioma, etc., Act (Northern Ireland) 2008, and

c

an extra-statutory payment (within the meaning given by paragraph (5)(d)).

3

Regulations under this Article may, in particular—

a

make provision about the recovery of the amount of a lump sum payment made to or in respect of a dependant of P;

b

make provision enabling the recovery of the amount of a lump sum payment from a compensation payment (including provision enabling the recovery of an amount which reduces the compensation payment to nil);

c

enable the amount of a lump sum payment made before commencement to be recovered from a compensation payment made after commencement;

d

make provision about certificates in respect of lump sum payments;

e

apply any provision of this Order, with or without modifications.

4

References in paragraph (1) to a payment made in consequence of a disease—

a

are references to a payment made by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of the disease, but

b

do not include references to a payment mentioned in Part 1 of Schedule 1.

5

In this Article—

a

“commencement” means the date on which this Article comes into operation,

b

“compensation payment” means a payment within Article 3(1)(a),

c

“dependant” has the meaning given by Article 5 of the 1979 Order, and

d

“extra-statutory payment” means a payment made by the Department to or in respect of a person following the rejection by the Department of a claim under the 1979 Order.