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The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997

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Compensation payments to be disregardedN.I.

23.—(1) If, when a compensation payment is made, the first and second conditions are met, the 'payment is to be disregarded for the purposes of Articles 8 and 10[F1or 10A].

(2) The first condition is that the person making the payment—

(a)has made an application for a certificate of recoverable benefits which complies with paragraph (3), and

(b)has in his possession a written acknowledgement of the receipt of his application.

(3) An application complies with this paragraph if it—

(a)accurately states the prescribed particulars relating to the injured person and the accident, injury or disease in question, and

(b)specifies the name and address of the person to whom the certificate is to be sent.

(4) The second condition is that the Department has not sent the certificate to the person, at the address, specified in the application, before the end of the period allowed under Article 6.

(5) In any case where—

(a)by virtue of paragraph (1), a compensation payment is disregarded for the purposes of Articles 8 and 10[F2or 10A], but

(b)the person who made the compensation payment nevertheless makes a payment to the Department for which (but for paragraph (1)) he would be liable under Article 8,

paragraph (1) is to cease to apply in relation to the compensation payment.

(6) If, in the opinion of the Department, circumstances have arisen which adversely affect normal methods of communication—

(a)the Department may by order provide that paragraph (1) is not to apply during a specified period not exceeding three months, and

(b)the Department may continue any such order in force for further periods not exceeding three months at a time.

F1Words in art. 23(1) inserted (31.3.2014) by virtue of Mesothelioma Act 2014 (c. 1), s. 19(1), Sch. 1 para. 16; S.I. 2014/459, art. 3(c)

F2Words in art. 23(5)(a) inserted (31.3.2014) by virtue of Mesothelioma Act 2014 (c. 1), s. 19(1), Sch. 1 para. 16; S.I. 2014/459, art. 3(c)

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