(1) There shall continue to be an officer known as “the social fund Commissioner” (in this section referred to as “the Commissioner”).
(2) The Commissioner shall be appointed by the Department.
(3) The Commissioner—
(a) shall appoint such social fund inspectors; and
(b) may appoint such officers and staff for himself and for social fund inspectors,
as he thinks fit, but with the consent of the Department and the Department of Finance and Personnel as to numbers.
(4) Appointments under subsection (3) above shall be made from persons made available to the Commissioner by the Department.
(5) It shall be the duty of the Commissioner—
(a) to monitor the quality of decisions of social fund inspectors and give them such advice and assistance as he thinks fit to improve the standard of their decisions;
(b) to arrange such training of social fund inspectors as he considers appropriate; and
(c) to carry out such other functions in connection with the work of social fund inspectors as the Department may direct.
(6) The Commissioner shall report annually in writing to the Department on the standards of reviews by social fund inspectors and the Department shall publish his report.
(1) A social fund officer—
(a) shall review a determination made under the Contributions and Benefits Act by himself or some other social fund officer, if an application for a review is made within such time and in such form and manner as may be prescribed by or on behalf of the person who applied for the payment to which the determination relates; and
(b) may review such a determination in such other circumstances as he thinks fit;
and may exercise on a review any power exercisable by an officer under Part VIII of the Contributions and Benefits Act.
(2) The power to review a determination conferred on a social fund officer by subsection (1) above includes power to review a determination made by a social fund officer on a previous review.
(3) On an application made by or on behalf of the person to whom a determination relates within such time and in such form and manner as may be prescribed a determination of a social fund officer which has been reviewed shall be further reviewed by a social fund inspector.
(4) On a review a social fund inspector shall have the following powers—
(a) power to confirm the determination made by the social fund officer;
(b) power to make any determination which a social fund officer could have made;
(c) power to refer the matter to a social fund officer for determination.
(5) A social fund inspector may review a determination under subsection (3) above made by himself or some other social fund inspector.
(6) In determining a question on a review a social fund officer or social fund inspector shall have regard, subject to subsection (7) below, to all the circumstances of the case and, in particular, to the matters specified in section 136(1)(a) to (e) of the Contributions and Benefits Act.
(7) An officer or inspector shall determine any question on a review in accordance with any general directions issued by the Department under section 136(2) of the Contributions and Benefits Act and any general directions issued by the Department with regard to reviews and in determining any such question shall take account of any general guidance issued by the Department under that subsection or with regard to reviews.
(8) Directions under this section may specify—
(a) the circumstances in which a determination is to be reviewed; and
(b) the manner in which a review is to be conducted.
(9) In reviewing a question under this section a social fund officer shall take account (subject to any directions or guidance issued by the Department under this section) of any guidance issued by the social fund officer nominated for his area under section 62(3) above.
(10) A social fund inspector reviewing a determination shall be under the same duties in relation to such guidance as the social fund officer or inspector who made the determination.
(1) A determination by the competent authority that a person is entitled or not entitled to payment of a qualifying benefit in respect of a period which includes a day in the relevant week shall be conclusive for the purposes of section 144 of the Contributions and Benefits Act; and in this subsection “competent authority” means, in relation to a payment of any description of a qualifying benefit, an authority that ordinarily determines whether a person is entitled to such a payment.
(2) Any question arising under that section other than one determined or falling to be determined under subsection (1) above shall be determined by the Department whose decision shall, except as provided by subsection (3) below, be final.
(3) The Department may reverse a decision under subsection (2) above on new facts being brought to its notice or if it is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact.
(4) Expressions used in this section to which a meaning is assigned by section 146 of the Contributions and Benefits Act have that meaning in this section.
66 Restrictions on entitlement to benefit in certain cases of error.
(1) This section applies where—
(a) on the determination, whenever made, of a Commissioner or the court (the “relevant determination”), a decision made by an adjudicating authority is or was found to have been erroneous in point of law; and
(b) after both—
(i) 14th August 1990 (the date of the coming into operation of section 154D of the 1975 Act, the provision of that Act corresponding to this section); and
(ii) the date of the relevant determination,
a claim which falls, or which would apart from this section fall, to be decided in accordance with the relevant determination is made or treated under section 5(1)(i) above as made by any person for any benefit.
(2) Where this section applies, any question which arises on, or on the review of a decision which is referable to, the claim mentioned in subsection (1)(b) above and which relates to the entitlement of the claimant or any other person to any benefit—
(a) in respect of a period before the relevant date; or
(b) in the case of a widow’s payment, in respect of a death occurring before that date,
shall be determined as if the decision referred to in subsection (1)(a) above had been found by the Commissioner or court in question not to have been erroneous in point of law.
(3) In determining whether a person is entitled to benefit in a case where—
(a) his entitlement depends on his having been entitled to the same or some other benefit before attaining a particular age; and
(b) he attained that age—
(i) before both the date of the relevant determination and the date of the claim referred in subsection (1)(b) above, but
(ii) not before the earliest day in respect of which benefit could, apart from this section, have been awarded on that claim,
subsection (2) above shall be disregarded for the purpose only of determining the question whether he was entitled as mentioned in paragraph (a) above.
(4) In this section—
“adjudicating authority” means—
(a) an adjudication officer or, where the original decision was given on a reference under section 19(2) or 23(1) above, a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal;
(b) any of the following former bodies or officers, that is to say, the National Assistance Board for Northern Ireland, the Supplementary Benefits Commission for Northern Ireland, the Attendance Allowance Board for Northern Ireland, a benefit officer, an insurance officer or a supplement officer; or
(c) any of the officers who, or tribunals or other bodies which, in Great Britain correspond to those mentioned in paragraph (a) or (b) above;
“benefit” means—
(a) benefit as defined in section 121 of the Contributions and Benefits Act;
(aa) a jobseeker’s allowance;
(b) any income-related benefit;
“the court” means the High Court, the Court of Appeal, the Court of Session, the High Court or Court of Appeal in England and Wales, the Supreme Court or the Court of Justice of the European Union ;
“the relevant date” means whichever is the latest of—
(a) the date of the relevant determination;
(b) the date which falls 12 months before the date on which the claim referred to in subsection (1)(b) above is made or treated under section 5(1)(i) above as made; and
(c) the earliest date in respect of which the claimant would, apart from this section, be entitled on that claim to the benefit in question.
(5) For the purposes of this section—
(a) any reference in this section to entitlement to benefit includes a reference to entitlement—
(i) to any increase in the rate of a benefit; or
(ii) to a benefit, or increase of benefit, at a particular rate; and
(b) any reference to a decision which is “referable to” a claim is a reference to—
(i) a decision on the claim,
(ii) a decision on a review of the decision on the claim, or
(iii) a decision on a subsequent review of the decision on the review,
and so on.
(6) The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this section in accordance with any regulations made for that purpose.
67 Determination of questions on review following erroneous decisions.
(1) Subsection (2) below applies in any case where—
(a) on the determination, whenever made, of a Commissioner or the court (the “relevant determination”), a decision made by an adjudicating authority is or was found to have been erroneous in point of law; and
(b) in consequence of that determination, any other decision—
(i) which was made before the date of that determination; and
(ii) which is referable to a claim made or treated as made by any person for any benefit,
falls (or would, apart from subsection (2) below, fall) to be revised on a review carried out under section 23(5) above after 14th August 1990 (the date of the coming into force of section 104(7) to (10) of the 1975 Act, the provision of that Act corresponding to this section) or on a review under section 28 above on the ground that the decision under review was erroneous in point of law.
(2) Where this subsection applies, any question arising on the review referred to in subsection (1)(b) above, or on any subsequent review of a decision which is referable to the same claim, as to any person’s entitlement to, or right to payment of, any benefit—
(a) in respect of any period before the date of the relevant determination; or
(b) in the case of a widow’s payment, in respect of a death occurring before that date,
shall be determined as if the decision referred to in subsection (1)(a) above had been found by the Commissioner or court in question not to have been erroneous in point of law.
(3) In determining whether a person is entitled to benefit in a case where his entitlement depends on his having been entitled to the same or some other benefit before attaining a particular age, subsection (2) above shall be disregarded for the purpose only of determining the question whether he was so entitled before attaining that age.
(4) For the purposes of this section—
(a) “adjudicating authority” and “the court” have the same meaning as they have in section 66 above;
(b) any reference to—
(i) a person’s entitlement to benefit; or
(ii) a decision which is referable to a claim,
shall be construed in accordance with subsection (5) of that section; and
(c) the date of the relevant determination shall, in prescribed cases, be determined in accordance with any regulations made under subsection (6) of that section.
(1) Regulations may make provision with respect to—
(a) the correction of accidental errors in any decision or record of a decision given with respect to a claim or question arising under or in connection with any relevant enactment by a body or person authorised to decide the claim or question; and
(b) the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that—
(i) a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party’s representative or was not received at an appropriate time by the body or person who gave the decision; or
(ii) a party to the proceedings or a party’s representative was not present at a hearing related to the proceedings.
(2) Nothing in subsection (1) above shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from regulations made by virtue of that subsection.
(3) In this section “relevant enactment” means any enactment contained in—
(a) the National Insurance Measures (Northern Ireland) 1966 to 1974;
(b) the National Insurance (Industrial Injuries) Measures (Northern Ireland) 1966 to 1974;
(c) the Workmen’s Compensation (Supplementation) Measures (Northern Ireland) 1966 to 1974;
(d) the Social Security Act 1973;
(e) the Social Security (Northern Ireland) Acts 1975 to 1991;
(f) the Old Cases Act;
(g) the Child Benefit (Northern Ireland) Order 1975;
(h) the Family Income Supplements Act (Northern Ireland) 1971;
(i) the Supplementary Benefits (Northern Ireland) Order 1977;
(j) the Contributions and Benefits Act;
(k) this Act. . . .
(l) the Pensions Act; or
(m) the Jobseekers (Northern Ireland) Order 1995.
(1) Where it is determined that, whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact and in consequence of the misrepresentation or failure—
(a) a payment has been made in respect of a benefit to which this section applies; or
(b) any sum recoverable by or on behalf of the Department in connection with any such payment has not been recovered,
the Department shall be entitled to recover the amount of any payment which the Department would not have made or any sum which the Department would have received but for the misrepresentation or failure to disclose.
(2) Where any such determination as is referred to in subsection (1) above is made, the person making the determination shall in the case of the Department or a tribunal, and may in the case of a Commissioner or a court—
(a) determine whether any, and if so what, amount is recoverable under that subsection by the Department, and
(b) specify the period during which that amount was paid to the person concerned.
(3) An amount recoverable under subsection (1) above is in all cases recoverable from the person who misrepresented the fact or failed to disclose it.
(4) In relation to cases where payments of a benefit to which this section applies have been credited to a bank account or other account under arrangements made with the agreement of the beneficiary or a person acting for him, circumstances may be prescribed in which the Department is to be entitled to recover any amount paid in excess of entitlement; but any such regulations shall not apply in relation to any payment unless before he agreed to the arrangements such notice of the effect of the regulations as may be prescribed was given in such manner as may be prescribed to the beneficiary or to a person acting for him.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5A) Except where regulations otherwise provide, an amount shall not be recoverable under subsection (1) or under regulations under subsection (4) or under regulations under subsection (4) above unless the determination in pursuance of which it was paid has been reversed or varied on an appeal or has been revised under Article 10 or superseded under Article 11 of the Social Security (Northern Ireland) Order 1998.
(6) Regulations may provide—
(a) that amounts recoverable under subsection (1) above or regulations under subsection (4) above shall be calculated or estimated in such manner and on such basis as may be prescribed;
(b) for treating any amount paid to any person under an award which it is subsequently determined was not payable—
(i) as properly paid; or
(ii) as paid on account of a payment which it is determined should be or should have been made,
and for reducing or withholding any arrears payable by virtue of the subsequent determination;
(c) for treating any amount paid to one person in respect of another as properly paid for any period for which it is not payable in cases where in consequence of a subsequent determination—
(i) the other person is himself entitled to a payment for that period; or
(ii) a third person is entitled in priority to the payee to a payment for that period in respect of the other person,
and for reducing or withholding any arrears payable for that period by virtue of the subsequent determination.
(7) Circumstances may be prescribed in which a payment on account by virtue of section 5(1)(s) above may be recovered to the extent that it exceeds entitlement.
(8) Where any amount paid ... is recoverable under—
(a) subsection (1) above;
(b) regulations under subsection (4) or (7) above; or
(c) section 72 below,
it may, without prejudice to any other method of recovery, be recovered by deduction from prescribed benefits.
(9) Where any amount paid in respect of a couple is recoverable as mentioned in subsection (8) above, it may, without prejudice to any other method of recovery, be recovered, in such circumstances as may be prescribed, by deduction from prescribed benefits payable to either of them.
(9A) Regulations may provide for amounts recoverable under the provisions mentioned in subsection (8) to be recovered by deductions from earnings.
(9B) In subsection (9A) “earnings” has such meaning as may be prescribed.
(9C) Regulations under subsection (9A) may include provision—
(a) requiring the person from whom an amount is recoverable (“the beneficiary”) to disclose details of their employer, and any change of employer, to the Department;
(b) requiring the employer, on being served with a notice by the Department, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Department;
(c) as to the matters to be contained in such a notice and the period for which a notice is to have effect;
(d) as to how payment is to be made to the Department;
(e) as to a level of earnings below which earnings must not be reduced;
(f) allowing the employer, where the employer makes deductions, to deduct a prescribed sum from the beneficiary's earnings in respect of the employer's administrative costs;
(g) requiring the employer to keep records of deductions;
(h) requiring the employer to notify the Department if the beneficiary is not, or ceases to be, employed by the employer;
(i) creating a criminal offence for non-compliance with the regulations, punishable on summary conviction by a fine not exceeding level 3 on the standard scale;
(j) with respect to the priority as between a requirement to deduct from earnings under this section and—
(i) any other such requirement;
(ii) an order under any other statutory provision which requires deduction from the beneficiary's earnings.
(10) Any amount recoverable under the provisions mentioned in subsection (8) above shall, if the county court so orders, be enforceable as if it were payable under an order of that court.
(10A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) This section applies to the following benefits—
(za) state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015;
(a) benefit as defined in section 121 of the Contributions and Benefits Act;
(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ab) state pension creditexcluding housing credit (see section 69ZB) ;
(ac) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ad) personal independence payment;
(ae) bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015;
(b) . . . income support;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) any social fund payments such as are mentioned in section 134(1)(a) or (2) of the Contributions and Benefits Act; and
(ea) health in pregnancy grant; and
(f) child benefit.
(12) In this section, “couple” has the meaning given by section 133(1) of the Contributions and Benefits Act.
(1) Subject to subsection (2) below, section 69 above shall apply in relation to social fund payments to which this section applies as it applies in relation to payments made in respect of benefits to which that section applies.
(2) Section 69 above as it so applies shall have effect as if—
(a) in ... subsection (5A), for the words “reversed or varied on an appeal or has been revised under Article 10 or superseded under Article 11” there were substituted the words “revised on a review under Article 38”;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) subsections (7) and (10A) were omitted.
(2A) Subsection (9A) of section 69 as it so applies shall have effect as if the reference to amounts recoverable under the provisions mentioned in subsection (8) of that section were to amounts recoverable under subsections (1) and (4) of that section by virtue of subsection (1) above.
(3) This section applies to social fund payments such as are mentioned in section 134(1)(b) of the Contributions and Benefits Act.
(1) The Department may recover any amount of the following paid in excess of entitlement—
(a) universal credit,
(b) jobseeker's allowance,
(c) employment and support allowance, and
(d) except in prescribed circumstances, housing credit (within the meaning of the State Pension Credit Act (Northern Ireland) 2002).
(2) An amount recoverable under this section is recoverable from—
(a) the person to whom it was paid, or
(b) such other person (in addition to or instead of the person to whom it was paid) as may be prescribed.
(3) An amount paid in pursuance of a determination is not recoverable under this section unless the determination has been—
(a) reversed or varied on an appeal, or
(b) revised or superseded under Article 10 or Article 11 of the Social Security (Northern Ireland) Order 1998,
except where regulations otherwise provide.
(4) Regulations may provide that amounts recoverable under this section are to be calculated or estimated in a prescribed manner.
(5) Where an amount of universal credit is paid for the sole reason that a payment by way of prescribed income is made after the date which is the prescribed date for payment of that income, that amount is for the purposes of this section paid in excess of entitlement.
(6) In the case of a benefit referred to in subsection (1) which is awarded to persons jointly, an amount paid to one of those persons may for the purposes of this section be regarded as paid to the other.
(7) An amount recoverable under this section may (without prejudice to any other means of recovery) be recovered—
(a) by deduction from benefit (section 69ZC);
(b) by deduction from earnings (section 69ZD);
(c) through the courts etc (section 69ZE);
(d) by adjustment of benefit (section 69ZF).
(1) An amount recoverable from a person under section 69ZB may be recovered by deducting the amount from payments of prescribed benefit.
(2) Where an amount recoverable from a person under section 69ZB was paid to the person on behalf of another, subsection (1) authorises its recovery from the person by deduction—
(a) from prescribed benefits to which the person is entitled,
(b) from prescribed benefits paid to the person to discharge (in whole or in part) an obligation owed to that person by the person on whose behalf the recoverable amount was paid, or
(c) from prescribed benefits paid to the person to discharge (in whole or in part) an obligation owed to that person by any other person.
(3) Where an amount is recovered as mentioned in paragraph (b) of subsection (2), the obligation specified in that paragraph shall in prescribed circumstances be taken to be discharged by the amount of the deduction.
(4) Where an amount is recovered as mentioned in paragraph (c) of subsection (2), the obligation specified in that paragraph shall in all cases be taken to be so discharged.
(1) Regulations may provide for amounts recoverable under section 69ZB to be recovered by deductions from earnings.
(2) In this section “earnings” has such meaning as may be prescribed.
(3) Regulations under subsection (1) may include provision—
(a) requiring the person from whom an amount is recoverable (“the beneficiary”) to disclose details of their employer, and any change of employer, to the Department;
(b) requiring the employer, on being served with a notice by the Department, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Department;
(c) as to the matters to be contained in such a notice and the period for which a notice is to have effect;
(d) as to how payment is to be made to the Department;
(e) as to a level of earnings below which earnings must not be reduced;
(f) allowing the employer, where the employer makes deductions, to deduct a prescribed sum from the beneficiary's earnings in respect of the employer's administrative costs;
(g) requiring the employer to keep records of deductions;
(h) requiring the employer to notify the Department if the beneficiary is not, or ceases to be, employed by the employer;
(i) creating a criminal offence for non-compliance with the regulations, punishable on summary conviction by a fine not exceeding level 3 on the standard scale;
(j) with respect to the priority as between a requirement to deduct from earnings under this section and—
(i) any other such requirement;
(ii) an order under any other statutory provision which requires deduction from the beneficiary's earnings.
(1) An amount recoverable under section 69ZB is, if the county court so orders, recoverable as if it were payable under an order of that court.
(2) Any costs of the Department in recovering an amount of benefit under this section may be recovered by it as if they were amounts recoverable under section 69ZB.
Regulations may for the purpose of the recovery of amounts recoverable under section 69ZB make provision—
(a) for treating any amount paid to a person under an award which it is subsequently determined was not payable—
(i) as properly paid, or
(ii) as paid on account of a payment which it is determined should be or should have been made,
and for reducing or withholding arrears payable by virtue of the subsequent determination;
(b) for treating any amount paid to one person in respect of another as properly paid for any period for which it is not payable in cases where in consequence of a subsequent determination—
(i) the other person is entitled to a payment for that period, or
(ii) a third person is entitled in priority to the payee to a payment for that period in respect of the other person,
and by reducing or withholding any arrears payable for that period by virtue of the subsequent determination.
(1) The Department may recover any amount paid under section 5(1)(s) (payments on account).
(2) An amount recoverable under this section is recoverable from—
(a) the person to whom it was paid, or
(b) such other person (in addition to or instead of the person to whom it was paid) as may be prescribed.
(3) Regulations may provide that amounts recoverable under this section are to be calculated or estimated in a prescribed manner.
(4) In the case of a payment on account of a benefit which is awarded to persons jointly, an amount paid to one of those persons may for the purposes of this section be regarded as paid to the other.
(5) Sections 69ZC, 69ZD and 69ZE apply in relation to amounts recoverable under this section as to amounts recoverable under section 69ZB.
(1) The Department may recover any amount paid by way of—
(a) payment under Article 33 of the Welfare Reform (Northern Ireland) Order 2015 (universal credit hardship payments) which is recoverable under that Article,
(b) a payment under Article 21C of the Jobseekers Order (jobseeker's allowance hardship payments) which is recoverable under that Article,
(c) a payment of a jobseeker's allowance under paragraph 8 or 8A of Schedule 1 to that Order (exemptions), where the allowance is payable at a prescribed rate under paragraph 9 of that Schedule and is recoverable under that paragraph,
(d) a payment of a jobseeker's allowance under paragraph 10 of that Schedule (claims yet to be determined etc.) which is recoverable under that paragraph, or
(e) a payment which is recoverable under section 5B(5A)(d) or (7)(d), 6(2A)(d) or (4)(d), 7(3)(aa) or (4)(d) or 8(2A)(d) or (4)(d) of the Social Security Fraud Act (Northern Ireland) 2001.
(2) An amount recoverable under this section is recoverable from—
(a) the person to whom it was paid, or
(b) such other person (in addition to or instead of the person to whom it was paid) as may be prescribed.
(3) Regulations may provide that amounts recoverable under this section are to be calculated or estimated in a prescribed manner.
(4) Where universal credit or a jobseeker's allowance is claimed by persons jointly, an amount paid to one claimant may for the purposes of this section be regarded as paid to the other.
(5) Sections 69ZC to 69ZF apply in relation to amounts recoverable under this section as to amounts recoverable under section 69ZB.
69A Recovery of jobseeker’s allowance: severe hardship cases.
(1) Where—
(a) a severe hardship direction is revoked; and
(b) it is determined by the Department that—
(i) whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact; and
(ii) in consequence of the failure of misrepresentation, payment of a jobseeker’s allowance has been made during the relevant period to the person to whom the direction related, the Department may determine that it is entitled to recover the amount of the payment.
(2) In this section—
“severe hardship direction” means a direction given under Article 18 of the Jobseekers (Northern Ireland) Order 1995; and
“the relevant period” means—
if the revocation is under Article 18(3)(a) of that Order, the period beginning with the date of the change of circumstances and ending with the date of the revocation; and
if the revocation is under Article 18(3)(b) or (c) of that Order, the period during which the direction was in force.
(3) Where a severe hardship direction is revoked, the Department may certify whether there has been misrepresentation of a material fact or failure to disclose a material fact.
(4) If the Department certifies that there has been such misrepresentation or failure to disclose, it may certify—
(a) who made the misrepresentation or failed to make the disclosure; and
(b) whether or not a payment of jobseeker’s allowance has been made in consequence of the misrepresentation or failure.
(5) If the Department certifies that a payment has been made, it may certify the period during which a jobseeker’s allowance would not have been paid but for the misrepresentation or failure to disclose.
(6) A certificate under this section shall be conclusive as to any matter certified.
(7) Subsections (3) and (6) to (10) of section 69 above apply to a jobseeker’s allowance recoverable under subsection (1) above as they apply to a jobseeker’s allowance recoverable under section 69(1) above.
(8) The other provisions of section 69 above do not apply to a jobseeker’s allowance recoverable under subsection (1) above.
(1) Regulations may provide for adjusting state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 or benefit as defined in section 121 of the Contributions and Benefits Act , or a contribution-based jobseeker’s allowance or a contributory employment and support allowance , which is payable to or in respect of any person, or the conditions for receipt of that benefit, where—
(a) there is payable in his case any such pension, allowance or benefit as is described in subsection (2) below; or
(b) the person is, or is treated under the regulations as, undergoing medical or other treatment as an in-patient in a hospital or similar institution.
(2) Subsection (1)(a) above applies to any pension, allowance or benefit payable out of public funds (including any other benefit as so defined, whether it is of the same or a different description) which is payable to or in respect of—
(a) the person referred to in subsection (1);
(b) that person’s wife, husband or civil partner ;
(c) any ... dependant of that person; or
(d) the wife, husband or civil partner of any adult dependant of that person.
(3) Where but for regulations made by virtue of subsection (1)(a) above two persons would both be entitled to an increase of benefit in respect of a third person, regulations may make provision as to their priority.
(4) Regulations may provide for adjusting—
(za) state pension under Part 1 of the Pensions Act (Northern Ireland) 2015;
(a) benefit as defined in section 121 of the Contributions and Benefits Act; ...
(b) a contribution-based jobseeker’s allowance,or
(c) a contributory employment and support allowance,
payable to or in respect of any person where there is payable in his case any such benefit as is described in subsection (5) below.
(5) Subsection (4) above applies to any benefit payable under the legislation of any member State which is payable to or in respect of—
(a) the person referred to in that subsection;
(b) that person’s wife, husband or civil partner ;
(c) any ... dependant of that person; or
(d) the wife, husband or civil partner of any adult dependant of that person.
(6) Personal independence payment is to be treated for the purposes of this section as if it were benefit as defined in section 121 of the Contributions and Benefits Act.
(1) Where—
(a) a payment by way of prescribed income is made after the date which is the prescribed date in relation to the payment; and
(b) it is determined that an amount which has been paid by way of income support , an income-based jobseeker’s allowance , state pension credit or an income-related employment and support allowance would not have been paid if the payment had been made on the prescribed date,
the Department shall be entitled to recover that amount from the person to whom it was paid.
(2) Where—
(a) a prescribed payment which apart from this subsection falls to be made from public funds in the United Kingdom or under the law of any member State is not made on or before the date which is the prescribed date in relation to the payment; and
(b) it is determined that an amount (“the relevant amount”) has been paid by way of universal credit or income support , an income-based jobseeker’s allowance , state pension credit or an income-related employment and support allowance that would not have been paid if the payment mentioned in paragraph (a) above had been made on the prescribed date,
then—
(i) in the case of a payment from public funds in the United Kingdom, the authority responsible for making it may abate it by the relevant amount; and
(ii) in the case of any other payment, the Department shall be entitled to receive the relevant amount out of the payment.
(3) Where—
(a) a person (in this subsection referred to as A) is entitled to any prescribed benefit for any period in respect of another person (in this subsection referred to as B); and
(b) either—
(i) B has received income support , an income-based jobseeker's allowance or an income-related employment and support allowance for that period; or
(ii) B was, during that period, a member of the same family as some person other than A who received income support , an income-based jobseeker's allowance or an income-related employment and support allowance for that period; and
(c) the amount of the income support , an income-based jobseeker’s allowance or an income-related employment and support allowance has been determined on the basis that A has not made payments for the maintenance of B at a rate equal to or exceeding the amount of the prescribed benefit,
the amount of the prescribed benefit may, at the discretion of the authority administering it, be abated by the amount by which the amounts paid by way of income support , an income-based jobseeker’s allowance or an income-related employment and support allowance exceed what it is determined that they would have been had A, at the time the amount of the income support , an income-based jobseeker’s allowance or an income-related employment and support allowance was determined, been making payments for the maintenance of B at a rate equal to the amount of the prescribed benefit.
(4) Where an amount could have been recovered by abatement by virtue of subsection (2) or (3) above but has not been so recovered, the Department may recover it otherwise than by way of abatement—
(a) in the case of an amount which could have been recovered by virtue of subsection (2) above, from the person to whom it was paid; and
(b) in the case of an amount which could have been recovered by virtue of subsection (3) above, from the person to whom the prescribed benefit in question was paid.
(5) Where a payment is made in a currency other than sterling, its value in sterling shall be determined for the purposes of this section in accordance with regulations.
72A Payment of benefit where maintenance payments collected by Department.
(1) This section applies where—
(a) a person (“the claimant”) is entitled to a benefit to which this section applies;
(b) the Department is collecting periodical payments of child or spousal maintenance made in respect of the claimant or a member of the claimant’s family; and
(c) the inclusion of any such periodical payment in the claimant’s relevant income would, apart from this section, have the effect of reducing the amount of the benefit to which the claimant is entitled.
(2) The Department may, to such extent as it considers appropriate, treat any such periodical payment as not being relevant income for the purposes of calculating the amount of benefit to which the claimant is entitled.
(3) The Department may, to the extent that any periodical payment collected by it is treated as not being relevant income for those purposes, retain the whole or any part of that payment.
(4) Any sum retained by the Department under subsection (3) shall be paid by the Department into the Consolidated Fund.
(5) In this section—
“child” means a person under the age of 16.
“child maintenance”, “spousal maintenance” and “relevant income” have such meaning as may be prescribed;
“couple” has the meaning given by section 133(1) of the Contributions and Benefits Act;
“family” means—
a couple ;
a couple and a member of the same household for whom one of them is, or both are, responsible and who is a child or a person of a prescribed description;
except in prescribed circumstances, a person who is not a member of a couple and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;
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(6) For the purposes of this section, the Department may by regulations make provision as to the circumstances in which—
(a) persons are to be treated as being or not being members of the same household;
(b) one person is to be treated as responsible or not responsible for another.
(7) The benefits to which this section applies are universal credit, income support, an income-based jobseeker’s allowance , an income-related employment and support allowance and such other benefits (if any) as may be prescribed.
(1) Except where regulations otherwise provide, any amount of housing benefit determined in accordance with regulations to have beenpaid in excess of entitlement may be recovered by the Department, the Department of the Environment or by the Housing Executive . . ..
(2) Regulations may require the Department of the Environment or the Housing Executive to recover such an amount in such circumstances as may be prescribed.
(3) An amount recoverable under this section shall be recoverable -
(a) except in such circumstances as may be prescribed, from the person to whom it was paid; and
(b) where regulations so provide, from such other person (as well as, or instead of, the person to whom it was paid) as may be prescribed.
(4) Any amount recoverable under this section may, without prejudice to any other method of recovery, be recovered by deduction from prescribed benefits.
(5) Where an amount paid to a person on behalf of another person is recoverable under this section, subsections (3) and (4) above authorise its recovery from the person to whom it was paid by deduction—
(a) from prescribed benefits to which he is entitled;
(b) from prescribed benefits paid to him to discharge (in whole or in part) an obligation owed to him by the person on whose behalf the recoverable amount was paid; or
(c) from prescribed benefits paid to him to discharge (in whole or in part) an obligation owed to him by any other person.
(6) Where an amount is recovered as mentioned in paragraph (b) of subsection (5) above, the obligation specified in that paragraph shall in prescribed circumstances be taken to be discharged by the amount of the deduction; and where an amount is recovered as mentioned in paragraph (c) of that subsection, the obligation specified in that paragraph shall in all cases be taken to be so discharged.
(7) Where any amount recoverable under this section is to be recovered otherwise than by deduction from prescribed benefits it shall, if the county court so orders, be enforceable as if it were payable under an order of that court.
(8) Regulations may provide for amounts recoverable under this section to be recovered by deductions from earnings.
(9) In subsection (8) “earnings” has such meaning as may be prescribed.
(10) Regulations under subsection (8) may include provision—
(a) requiring the person from whom an amount is recoverable (“the beneficiary”) to disclose details of their employer, and any change of employer, to the Department, the Department of Finance and Personnel or the Housing Executive;
(b) requiring the employer, on being served with a notice by the Department, the Department of Finance and Personnel or the Housing Executive, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Department, the Department of Finance and Personnel or the Housing Executive;
(c) as to the matters to be contained in such a notice and the period for which a notice is to have effect;
(d) as to how payment is to be made to the Department, the Department of Finance and Personnel or the Housing Executive;
(e) as to a level of earnings below which earnings must not be reduced;
(f) allowing the employer, where the employer makes deductions, to deduct a prescribed sum from the beneficiary's earnings in respect of the employer's administrative costs;
(g) requiring the employer to keep records of deductions;
(h) requiring the employer to notify the Department, the Department of Finance and Personnel or the Housing Executive if the beneficiary is not, or ceases to be, employed by the employer;
(i) creating a criminal offence for non-compliance with the regulations, punishable on summary conviction by a fine not exceeding level 3 on the standard scale;
(j) with respect to the priority as between a requirement to deduct from earnings under this section and—
(i) any other such requirement;
(ii) an order under any other statutory provision which requires deduction from the beneficiary's earnings.
(1) A social fund award which is repayable shall be recoverable by the Department.
(2) Without prejudice to any other method of recovery, the Department may recover an award by deduction from prescribed benefits.
(3) The Department may recover an award—
(a) from the person to or for the benefit of whom it was made;
(b) where that person is a member of a couple , from the other member of the couple;
(c) from a person who is liable to maintain the person by or on behalf of whom the application for the award was made or any person in relation to whose needs the award was made.
(3A) Where—
(a) a jobseeker’s allowance is payable to a person from whom an award is recoverable under subsection (3) above; and
(b) that person is subject to a bankruptcy order, a sum deducted from that benefit under subsection (2) above shall not be treated as income of his for the purposes of the Insolvency (Northern Ireland) Order 1989.
(3B) Regulations may provide for amounts recoverable under subsection (1) from a person specified in subsection (3) to be recovered by deductions from earnings.
(3C) In subsection (3B) “earnings” has such meaning as may be prescribed.
(3D) Regulations under subsection (3B) may include provision referred to in section 69(9C).
(4) Payments out of the social fund to meet funeral expenses may in all cases be recovered, as if they were funeral expenses, out of the estate of the deceased, and (subject to section 69 above) by no other means.
(5) In this section, “couple” has the meaning given by section 133(1) of the Contributions and Benefits Act.
(6) For the purposes of this section—
(a) a man shall be liable to maintain his wife or civil partner and any children of whom he is the father;
(b) a woman shall be liable to maintain her husband or civil partner and any children of whom she is the mother;
(c) a person shall be liable to maintain another person throughout any period in respect of which the first-mentioned person has, on or after 24th June 1980 (the date of the making of the Social Security (Northern Ireland) Order 1980) and either alone or jointly with a further person, given an undertaking in writing in pursuance of immigration rules within the meaning of the Immigration Act 1971 to be responsible for the maintenance and accommodation of the other person; and
(d) “child” includes a person who has attained the age of 16 but not the age of 19 and in respect of whom either parent, or some person acting in the place of either parent, is receiving income support or an income-based jobseeker’s allowance.
(7) Any reference in subsection (6) to children of whom the man or the woman is the father or the mother shall be construed in accordance with Article 155 of the Children (Northern Ireland) Order 1995.
(8) A document bearing a certificate which—
(a) is signed by a person authorised in that behalf by the Secretary of State; and
(b) states that the document apart from the certificate is, or is a copy of, such an undertaking as is mentioned in subsection (6)(c) above,
shall be conclusive of the undertaking in question for the purposes of this section and section 101 below; and a certificate purporting to be so signed shall be deemed to be so signed until the contrary is proved.
Without prejudice to any other method of recovery—
(a) amounts recoverable under any statutory provision having effect in Great Britain and corresponding to a statutory provision mentioned in section 69(8) above shall be recoverable by deduction from benefits prescribed under that subsection;
(b) amounts recoverable under any statutory provision having effect in Great Britain and corresponding to section 73 above shall be recoverable by deduction from benefits prescribed under subsection (4) of that section; and
(c) amounts recoverable under Part III of the Great Britain Administration Act shall be recoverable by deduction from benefits prescribed under section 69(8) .
76 Child benefit - overlap with benefits under legislation of ... member States.
Regulations may provide for adjusting child benefit payable in respect of any child or qualifying young person in respect of whom any benefit is payable under the legislation of any member State .
(1) In this Part of this Act—
“benefit” means a jobseeker’s allowance or any benefit under the Contributions and Benefits Act except child benefit and, subject to regulations under subsection (2) below, the “relevant benefits” are such of those benefits as may be prescribed for the purposes of this Part of this Act;
“certificate of deduction” means a certificate given by the compensator specifying the amount which he has deducted and paid to the Department in pursuance of section 78 below;
“certificate of total benefit” means a certificate given by the Department in accordance with this Part of this Act;
“compensation payment” means any payment falling to be made (whether voluntarily, or in pursuance of a court order or an agreement, or otherwise)—
to or in respect of the victim in consequence of the accident, injury or disease in question, and
either—
by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of that accident, injury or disease; or
in pursuance of a compensation scheme for motor accidents,
but does not include benefit or an exempt payment or so much of any payment as is referable to costs incurred by any person;
“compensation scheme for motor accidents” means any scheme or arrangement under which funds are available for the payment of compensation in respect of motor accidents caused, or alleged to have been caused, by uninsured or unidentified persons;
“compensator”, “victim” and “intended recipient” shall be construed in accordance with section 78(1) below;
“payment” means payment in money or money’s worth, and cognate expressions shall be construed accordingly;
“the recoupment provisions” means this Part and section 101 of the Great Britain Administration Act;
“relevant deduction” means the deduction required to be made from the compensation payment in question by virtue of the recoupment provisions;
“relevant payment” means the payment required to be made to the Department by virtue of the recoupment provisions;
“relevant period” means—
in the case of a disease, the period of 5 years beginning with the date on which the victim first claims a relevant benefit in consequence of the disease; or
in any other case, the period of 5 years immediately following the day on which the accident or injury in question occurred;
but where before the end of that period the compensator makes a compensation payment in final discharge of any claim made by or in respect of the victim and arising out of the accident, injury or disease, the relevant period shall end on the date on which that payment is made;
“total benefit” means the gross amount referred to in section 78(1)(a) below.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) For the purposes of this Part of this Act the following are the “exempt payments”—
(a) any small payment, as defined in section 81 below;
(b) any payment made to or for the victim under Article 3 of the Criminal Justice (Northern Ireland) Order 1980 ;
(c) any payment to the extent that it is made—
(i) in consequence of an action under the Fatal Accidents (Northern Ireland) Order 1977; or
(ii) in circumstances where, had an action been brought, it would have been brought under that Order;
(d) without prejudice to section 6(4) of the Vaccine Damage Payments Act 1979 (which provides for the deduction of any such payment in the assessment of any award of damages), any payment made under that Act to or in respect of the victim;
(e) any award of compensation made to or in respect of the victim by the Secretary of State under Article 3 or 10 of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988;
(f) any payment made in the exercise of a discretion out of property held subject to a trust in a case where no more than 50 per cent. by value of the capital contributed to the trust was directly or indirectly provided by persons who are, or are alleged to be, liable in respect of—
(i) the accident, injury or disease suffered by the victim in question; or
(ii) the same or any connected accident, injury or disease suffered by another;
(g) any payment made out of property held for the purposes of any prescribed trust (whether the payment also falls within paragraph (f) above or not);
(h) any payment made to the victim by an insurance company within the meaning of the Insurance Companies Act 1982 under the terms of any contract of insurance entered into between the victim and the company before—
(i) the date on which the victim first claims a relevant benefit in consequence of the disease in question; or
(ii) the occurrence of the accident or injury in question;
(i) any redundancy payment falling to be taken into account in the assessment of damages in respect of an accident, injury or disease.
(4) Regulations may provide that any prescribed payment shall be an exempt payment for the purposes of this Part of this Act.
(5) Except as provided by any other statutory provision, in the assessment of damages in respect of an accident, injury or disease the amount of any relevant benefits paid or likely to be paid shall be disregarded.
(6) If, after making the relevant deduction from the compensation payment, there would be no balance remaining for payment to the intended recipient, any reference in this Part to the making of the compensation payment shall be construed in accordance with regulations.
(7) This Part of this Act shall apply in relation to any compensation payment made after 3rd September 1990 (the date of the coming into operation of Article 24 of the Social Security (Northern Ireland) Order 1989 which, with Schedule 4 to that Order, made provision corresponding to that made by this Part) to the extent that it is made in respect of—
(a) an accident or injury occurring on or after 1st January 1989; or
(b) a disease, if the victim’s first claim for a relevant benefit in consequence of the disease is made on or after that date.
78 Recovery of sums equivalent to benefit from compensation payments in respect of accidents, injuries and diseases.
(1) A person (“the compensator”) making a compensation payment, whether on behalf of himself or another, in consequence of an accident, injury or disease suffered by any other person (“the victim”) shall not do so until the Department has furnished him with a certificate of total benefit and shall then—
(a) deduct from the payment an amount, determined in accordance with the certificate of total benefit, equal to the gross amount of any relevant benefits paid or likely to be paid to or for the victim during the relevant period in respect of that accident, injury or disease;
(b) pay to the Department an amount equal to that which is required to be so deducted; and
(c) furnish the person to whom the compensation payment is or, apart from this section, would have been made (“the intended recipient”) with a certificate of deduction.
(2) Any right of the intended recipient to receive the compensation payment in question shall be regarded as satisfied to the extent of the amount certified in the certificate of deduction.
The compensator’s liability to make the relevant payment arises immediately before the making of the compensation payment, and he shall make the relevant payment before the end of the period of 14 days following the day on which the liability arises.
(1) It shall be for the compensator to apply to the Department for the certificate of total benefit and he may, subject to subsection (5) below, from time to time apply for fresh certificates.
(2) The certificate of total benefit shall specify—
(a) the amount which has been, or is likely to be, paid on or before a specified date by way of any relevant benefit which is capable of forming part of the total benefit;
(b) where applicable—
(i) the rate of any relevant benefit which is, has been, or is likely to be paid after the date so specified and which would be capable of forming part of the total benefit; and
(ii) the intervals at which any such benefit is paid and the period for which it is likely to be paid;
(c) the amounts (if any) which, by virtue of the recoupment provisions, are to be treated as increasing the total benefit; and
(d) the aggregate amount of any relevant payments made on or before a specified date (reduced by so much of that amount as has been paid by the Department to the intended recipient before that date in consequence of the recoupment provisions).
(3) On issuing a certificate of total benefit, the Department shall be taken to have certified the total benefit as at every date for which it is possible to calculate an amount that would, on the basis of the information so provided, be the total benefit as at that date, on the assumption that payments of benefit are made on the days on which they first become payable.
(4) The Department may estimate, in such manner as it thinks fit, any of the amounts, rates or periods specified in the certificate of total benefit.
(5) A certificate of total benefit shall remain in force until such date as may be specified in the certificate for that purpose and no application for a fresh certificate shall be made before that date.
(6) Where a certificate ceases to be in force, the Department may issue a fresh certificate, whether or not an application has been made to it for such a certificate.
(7) The compensator shall not make the compensation payment at any time when there is no certificate of total benefit in force in respect of the victim, unless his liability to make the relevant deduction and the relevant payment has ceased to be enforceable by virtue of section 92 below.
81 Exemption from deduction in cases involving small payments.
(1) Regulations may make provision exempting persons from liability to make the relevant deduction or the relevant payment in prescribed cases where the amount of the compensation payment in question, or the aggregate amount of two or more connected compensation payments, does not exceed the prescribed sum.
(2) Regulations may make provision for cases where an amount has been deducted and paid to the Department which, by virtue of regulations under subsection (1) above, ought not to have been so deducted and paid, and any such regulations may, in particular, provide for the Department to pay that amount to the intended recipient or the compensator or to pay a prescribed part of it to each of them.
(3) The reference in section 77(3)(a) above to a “small payment” is a reference to a payment from which by virtue of this section no relevant deduction falls to be made.
(4) For the purposes of this section—
(a) two or more compensation payments are “connected” if each is made to or in respect of the same victim and in respect of the same accident, injury or disease; and
(b) any reference to a compensation payment is a reference to a payment which would be such a payment apart from section 77(3)(a) above.
(1) This section applies where—
(a) a compensation payment (an “earlier payment”) has been made to or in respect of the victim; and
(b) subsequently another such payment (a “later payment”) falls to be 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).
(2) In determining the amount of the relevant deduction and payment required to be made in connection with the later payment, the amount referred to in section 78(1)(a) above shall be reduced by the amount of any relevant payment made in connection with the earlier payment, or, if more than one, the aggregate of those relevant payments.
(3) In relation to the later payment, the compensator shall take the amount of the reduction required by subsection (2) above to be such as may be specified under section 80(2)(d) above in the certificate of total benefit issued to him in connection with that later payment.
(4) In any case where—
(a) the relevant payment made in connection with an earlier payment is not reflected in the certificate of total benefit in force in relation to a later payment, and
(b) in consequence, the aggregate of the relevant payments made in relation to the later payment and every earlier payment exceeds what it would have been had that relevant payment been so reflected,
the Department shall pay the intended recipient an amount equal to the excess.
(5) In determining any rights and liabilities in respect of contribution or indemnity, relevant payments shall be treated as damages paid to or for the intended recipient in respect of the accident, injury or disease in question.
(1) This section applies where compensation payments in respect of the same accident, injury or disease fall (or apart from the recoupment provisions would fall) to be made to or in respect of the same victim by two or more compensators.
(2) Where this section applies, any two or more of those compensators may give the Department notice that they are collaborators in respect of compensation payments in respect of that victim and that accident, injury or disease.
(3) Where such a notice is given and any of the collaborators makes a relevant payment in connection with such a compensation payment, each of the other collaborators shall be treated as if the aggregate amount of relevant payments specified in his certificate of total benefit, as in force at the time of that relevant payment, or in a fresh certificate which does not purport to reflect the payment, were increased by the amount of that payment.
(1) This section applies where—
(a) in final settlement of a person’s claim, an agreement is entered into—
(i) for the making of periodical payments (whether of an income or capital nature) to or in respect of the victim; or
(ii) for the making of such payments and one or more lump sum payments; and
(b) apart from this section, those payments would fall to be regarded for the purposes of the recoupment provisions as compensation payments.
(2) Where this section applies, the recoupment provisions (other than this section) shall have effect on the following assumptions, that is to say—
(a) the relevant period in the case of the compensator in question shall be taken to end (if it has not previously done so) on the day of settlement;
(b) the compensator in question shall be taken—
(i) to have been liable to make on that day a single compensation payment of the amount referred to in section 78(1)(a) above (reduced or increased in accordance with such of the recoupment provisions as would have applied in the case of a payment on that day); and
(ii) to have made from that single payment a relevant deduction of an amount equal to it; and
(c) the payments under the agreement referred to in subsection (1) above shall be taken to be exempt payments.
(3) The intended recipient shall not by virtue of anything in this section become entitled to be paid any sum, whether by the compensator or the Department, and if on a review or appeal under section 93 or 95 below it appears that the amount paid by a compensator in pursuance of this section was either greater or less than it ought to have been, then—
(a) any excess shall be repaid to the compensator instead of to the intended recipient; but
(b) any deficiency shall be paid to the Department by the intended recipient.
(4) Where any further compensation payment falls to be made to or in respect of the victim otherwise than under the agreement in question, subsection (2)(a) above shall be disregarded for the purpose of determining the end of the relevant period in relation to that further payment.
(5) In any case where—
(a) the person making the periodical payments (“the secondary party”) does so in pursuance of arrangements entered into with another (as in a case where an insurance company purchases an annuity for the victim from another such company), and
(b) apart from those arrangements, that other (“the primary party”) would have been regarded as the compensator,
then for the purposes of the recoupment provisions, the primary party shall be regarded as the compensator and the secondary party shall not be so regarded.
(6) In determining for the purposes of this section whether any periodical payments would fall to be regarded as compensation payments, section 77(3)(a) above shall be disregarded.
(7) In this section “the day of settlement” means—
(a) if the agreement referred to in subsection (1) above is approved by a court, the day on which that approval is given; and
(b) in any other case, the day on which the agreement is entered into.
Where the intended recipient has been adjudged bankrupt, nothing in the Insolvency (Northern Ireland) Order 1989 shall affect the operation of the recoupment provisions.
(1) In any case where—
(a) the compensation payment is subject to any charge under the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981, and
(b) after the making of the relevant deduction, the balance of the compensation payment is insufficient to satisfy that charge,
the Department shall make such a payment as will secure that the deficiency is made good to the extent of the relevant payment.
(2) Where the Department makes a payment under this section, then for the purposes of section 80 above, the amount of the payment shall be treated as increasing the total benefit.
In any case where—
(a) during the relevant period, there has, in respect of the accident, injury or disease, been paid to or for the victim any relevant benefit to which he was not entitled (“the overpaid benefit”), and
(b) the amount of the relevant payment is such that, after taking account of the rest of the total benefit, there remains an amount which represents the whole or any part of the overpaid benefit,
then, notwithstanding anything in section 69 above or any regulations under that section or Article 54 of the 1986 Order, the receipt by the Department of the relevant payment shall be treated as the recovery of the whole or, as the case may be, that part of the overpaid benefit.
In the case of any compensation payment the whole or part of which is made—
(a) in consequence of an action under the Fatal Accidents (Northern Ireland) Order 1977, or
(b) in circumstances where, had an action been brought, it would have been brought under that Order,
regulations may make provision for estimating or calculating the portion of the payment which is to be regarded as so made for the purposes of section 77(3)(c) above.
(1) Nothing in the recoupment provisions requires a court to make any relevant deduction from, or payment out of, money in court.
(2) Where a party to an action makes a payment into court which, had it been paid directly to the other party, would have constituted a compensation payment, the making of that payment shall be regarded for the purposes of the recoupment provisions as the making of a compensation payment, but the compensator—
(a) may either—
(i) withhold from the payment into court an amount equal to the relevant deduction; or
(ii) make such a payment into court before the certificate of total benefit has been issued to him; and
(b) shall not become liable to make the relevant payment, or to furnish a certificate of deduction, until he has been notified that the whole or any part of the payment into court has been paid out of court to or for the other party.
(3) Where a person making a payment into court withholds an amount in accordance with subsection (2)(a)(i) above—
(a) he shall, at the time when he makes that payment, furnish the court with a certificate of the amount so withheld; and
(b) the amount paid into court shall be regarded as increased by the amount so certified,
but no person shall be entitled by virtue of this subsection to the payment out of court of any amount which has not in fact been paid into court.
(4) Where a payment into court is made as mentioned in subsection (2)(a)(ii) above, the compensator—
(a) shall apply for the certificate of total benefit no later than the day on which the payment into court is made; and
(b) shall become liable to make the relevant payment as mentioned in subsection (2)(b) above, notwithstanding that the relevant deduction has not been made.
(5) Where any such payment into court as is mentioned in subsection (2) above is accepted by the other party to the action within the initial period, then, as respects the compensator in question, the relevant period shall be taken to have ended on the day on which the payment into court (or, if there were two or more such payments, the last of them) was made; but where the payment into court is not so accepted, then—
(a) the relevant period as respects that compensator shall end on the day on which he is notified that the payment has been paid out of court to or for that other party; and
(b) in determining the amount of the relevant payment, that compensator shall be treated as if his payment into court had been made on that day.
(6) In subsection (5) above “the initial period” means the period of 21 days following the making of the payment into court (or, if there were two or more such payments, the last of them), but rules of court may make provision varying the length of that period.
(7) Where a payment into court is paid out wholly to or for the party who made the payment (otherwise than to or for the other party to the action) the making of the payment into court shall cease to be regarded as the making of a compensation payment.
(8) Rules of court may make provision regulating or prescribing the practice and procedure to be followed in relation to such payments into court as are mentioned in subsection (2) above.
(1) Any 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 Department with the prescribed information relating to any person seeking compensation, or in respect of whom compensation is sought, in respect of that accident, injury or disease.
(2) Any person who claims a relevant benefit or who has been in receipt of such a benefit or, if he has died, the personal representatives of such a person, shall furnish the Department with the prescribed information relating to any accident, injury or disease suffered by that person.
(3) A person who makes any payment (whether a compensation payment or not) on behalf of himself or another—
(a) in consequence of any accident, injury or disease suffered, or any damage to property sustained, by any other person, or
(b) which is referable to any costs incurred by any such other person by reason of such an accident, injury, disease or damage,
shall, if the Department so requests him in writing, furnish the Department with such particulars relating to the size and composition of the payment as may be specified in the request.
(4) 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 the employer of such a person at any time during the relevant period,
shall furnish the Department with the prescribed information relating to the payment of statutory sick pay in respect of that person.
(5) In subsection (4) above “employer” has the same meaning as it has in Part XI of the Contributions and Benefits Act.
(6) Any person furnishing information under this section shall do so in the prescribed manner, at the prescribed place and within the prescribed time.
91 Applications for certificates of total benefit.
(1) If at any time before he makes the compensation payment in question the compensator requests the Department to furnish him with a certificate of total benefit relating to the victim in question—
(a) the Department shall comply with that request before the end of the period of 4 weeks, or such other number of weeks as may be prescribed, following the day on which the request is, or is deemed in accordance with regulations to be, received, and
(b) any certificate so furnished shall, in particular, specify for the purposes of section 80(2)(a) above a date not earlier than the date of the request.
(2) Where the Department furnishes any person with a certificate of total benefit, it shall also provide the information contained in that certificate to the person who appears to it to be the victim in relation to the compensation payment in question.
(3) The victim may apply to the Department for particulars of the manner in which any amount, rate or period specified in a certificate of total benefit has been determined.
92 Liability of compensator unenforceable if certificate not issued within time limit.
(1) The liability of the compensator to make the relevant deduction and payment relating to the first compensation payment after the default date shall not be enforceable if—
(a) he has made a request under section 91(1) above which—
(i) accurately states the prescribed particulars relating to the victim and the accident, injury or disease in question; and
(ii) specifies the name and address of the person to whom the certificate is to be sent;
(b) he has in his possession a written acknowledgment, sent to him in accordance with regulations, of the receipt of the request; and
(c) the Department does not, within the time limit referred to in section 91(1) above, send the certificate to the person specified in the request as the person to whom the certificate is to be sent, at the address so specified;
and accordingly, where those liabilities cease to be enforceable, nothing in the recoupment provisions shall prevent the compensator from making that compensation payment.
(2) In any case where—
(a) the liability to make the relevant deduction and payment becomes unenforceable by virtue of this section, but
(b) the compensator nevertheless makes that deduction and payment,
he shall be treated for all purposes as if the liability had remained enforceable.
(3) Where the compensator, in reliance on this section, does not make the relevant deduction and payment, then—
(a) he shall within 14 days of the default date give the Department notice of that fact together with such other particulars as may be prescribed; and
(b) in determining the amount of the relevant deduction and payment to be made in connection with any subsequent compensation payment made by the same or any other compensator, the amount which, apart from this section, would have fallen to be deducted and paid by him shall continue to form part of the total benefit and shall not be treated as if it had been paid.
(4) 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 no liability shall become unenforceable by virtue of this section 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.
(5) In this section “the default date” means the date on which the time limit mentioned in subsection (1)(c) above expires.