The Social Security (Recoupment) Regulations 1990,

PART III ADMINISTRATION AND ADJUDICATION

Information to be provided by compensator

5.  A person who is, or is alleged to be, liable in respect of an accident, injury or disease, or any person acting on his behalf, shall furnish the Secretary of State with the following information in respect of that accident, injury or disease—

(a) the full name and the address of any person seeking compensation or in respect of whom compensation is sought;

(b) where known the date of birth or the national insurance number of that person, or both if both are known;

(c) where the liability arises, or is alleged to arise, in respect of—

(i) an accident or injury, the date of the accident or injury, or

(ii) a disease, the date the disease was diagnosed;

(d) the nature of the accident, injury or disease; and

(e) where known, whether at the time of the accident or injury or diagnosis of the disease, the person was employed under a contract of service, and if he was, the name and address of his employer at that time and the person’s payroll number.

Information to be provided by victim

6.—(1) A person who claims (whether on behalf of himself or another) a relevant benefit or has been in receipt of such a benefit, shall furnish the Secretary of State with such of the following information relating to any accident, injury or disease the victim has suffered as the Secretary of State requests—

(a) whether the accident, injury or disease resulted from any action taken by another person, or from any failure of another person to act, and if so, the full name and the address of that other person;

(b) whether he has claimed or may claim a compensation payment, and if so, the full name and the address of the person against whom the claim was or may be made;

(c) the amount of any compensation payment and the date on which it was made;

(d) the relevant benefit claimed, the date from which benefit was first claimed and the amount of the benefit received in the period beginning with that date and ending with the date the information is sent;

(e) in the case of a person who has received or is entitled to receive statutory sick pay during the relevant period, the name and address of any employer who is or was liable to make these payments to him during the relevant period and the dates the employment with that employer began and ended; and

(f) any changes in the medical diagnosis relating to the condition arising from the accident, injury or disease.

(2) In this regulation, “person” includes a deceased person’s personal representative.

Information to be provided by employer

7.  Any person—

(a) who is the employer of a person who suffers or has suffered an accident, injury or disease, or

(b) who has been an employer of such a person at any time during the relevant period,

shall furnish the Secretary of State with such of the following information relating to the payment of statutory sick pay as the Secretary of State requests—

(i) the amount of any Statutory sick pay he is liable to pay or has paid to the victim since the first day of the relevant period;

(ii) the date the liability first arose and the rate at which statutory sick pay is or was payable;

(iii) the date that such liability terminated or is likely to terminate; and

(iv) the causes of the incapacity for work during any periods of entitlement to statutory sick pay.

Sending information

8.  A person who furnishes the Secretary of State with information shall do so by sending it in writing to the Compensation Recovery Unit not later than 14 days after—

(a) where he is a person to whom regulation 5 applies, the date he receives a claim for compensation from the victim in respect of the accident, injury or disease;

(b) where he is a person to whom regulation 6 or 7 applies, the date the Secretary of State requests the information from him.

Particulars to be stated before liability of compensator becomes unenforceable

9.  The following particulars are prescribed for the purposes of paragraph 15(1)(a)(i) of Schedule 4 (particulars to be stated before liability of compensator becomes unenforceable)—

(a) the full name of the victim together with his address, and either his date of birth or national insurance number or both if both are known,

(b) unless already furnished to the Secretary of State in accordance with regulation 5—

(i) where the liability arises or is alleged to arise in respect of an accident or injury, the date of that accident or injury, or where it arises or is alleged to arise in respect of a disease, the date the disease was diagnosed;

(ii) the nature of the accident, injury or disease; and

(iii) where known, whether at the time of the accident or injury or the diagnosis of the disease the victim was employed under a contract of service, and if he was, the name and address of his employer at that time and the person’s payroll number.

Acknowledgement of compensator’s request

10.  Where the compensator requests a certificate of total benefit in accordance with paragraph 15(1)(a) of Schedule 4, the Secretary of State shall send to the compensator, as soon as reasonably practicable, a written acknowledgement of the receipt of the request stating the day on which the request was received.

Appeals

11.—(1) Any appeal against a certificate of total benefit shall be in writing and shall be made by sending or delivering it to the Compensation Recovery Unit

(a) not later than 3 months after the date the compensator made the relevant payment; or

(b) where the certificate was reviewed by the Secretary of State in accordance with Regulation 13 not later than 3 months from the date the certificate is confirmed, or as the case may be, a fresh certificate issued.

(2) Any appeal under this regulation shall contain particulars of the grounds on which it is made.

(3) Where an earlier compensation payment has been made and subsequently one or more later payments are made to or in respect of the same victim in respect of the same accident, injury or disease (whether by the same or another compensator), the date referred to in paragraph (1)(a) is the date of the last of those later payments.

(4) The time for making an appeal may be extended for special reasons by the chairman of the tribunal to which the appeal is referred, even though the time limit may have already expired.

(5) Any application for an extension of time under paragraph (4) shall be made in writing and shall be determined by the chairman.

(6) An application under paragraph (4) for an extension of time which has been refused shall not be renewed.

(7) Where it appears to the chairman of the tribunal to whom the appeal was referred that the appeal gives insufficient particulars to enable the question at issue to be determined, he may require the person making the appeal to furnish such further particulars as may reasonably be required.

Withdrawal of appeal

12.  A person who has made an appeal under regulation 11 may withdrawthat appeal—

(a) before the hearing begins by giving notice in writing of his intention to withdraw the appeal to the Appeal Tribunal to whom the appeal was made and with the consent in writing of the Secretary of State;

(b) after the hearing has begun and before the determination is made, with the leave of the chairman of the Appeal Tribunal.

Review

13.  The Secretary of State may treat any appeal as an application forreview under paragraph 16 of Schedule 4, notwithstanding that thecertificate of total benefit was not issued in ignorance of or based on amistake as to some material fact or that a mistake (whether in computationor otherwise) has not occurred in its preparation.