The Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations (Northern Ireland) 2008

[^key-31fc68b4f71c94f3530bfac501fbff83]: Words in reg. 14(4) substituted (1.7.2014) by The Social Security (Recovery of Benefits) (Lump Sum Payments) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/162), regs. 1, 2(12)(b)

[^key-eaf0dd30e35aa24ae6f819431eeec966]: Words in reg. 16 heading added (1.7.2014) by The Social Security (Recovery of Benefits) (Lump Sum Payments) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/162), regs. 1, 2(13)(a)

[^key-1964f18feb7bedc5212e3a673030d338]: Reg. 16(1): renumbered (1.7.2014) by The Social Security (Recovery of Benefits) (Lump Sum Payments) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/162), regs. 1, 2(13)(b)

[^key-53cd34313e9a5360c82ec5311eb1bb4c]: Reg. 16(2) added (1.7.2014) by The Social Security (Recovery of Benefits) (Lump Sum Payments) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/162), regs. 1, 2(13)(d)

[^key-47c65350da3fa336463318c29bbf100f]: Words in reg. 16(1) substituted (1.7.2014) by The Social Security (Recovery of Benefits) (Lump Sum Payments) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/162), regs. 1, 2(13)(c)

[^key-670cceb55eadff5fadcd0e49a78cf77f]: Words in reg. 17(b) inserted (1.7.2014) by The Social Security (Recovery of Benefits) (Lump Sum Payments) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/162), regs. 1, 2(14)

[^key-e8775f29e3e67c758f9dd7515ff61a96]: Reg. 19(5A)-(5B) inserted (1.7.2014) by The Social Security (Recovery of Benefits) (Lump Sum Payments) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/162), regs. 1, 2(15)(a)

[^key-1ad7952f6893a4533615a6345f05a9ce]: Reg. 19(8)-(9) added (1.7.2014) by The Social Security (Recovery of Benefits) (Lump Sum Payments) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/162), regs. 1, 2(15)(b)

[^key-11523188fdbf15eae7e240517f3e080e]: Reg. 7(2)(k)-(n) added (30.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations (Northern Ireland) 2017 (S.R. 2017/219), regs. 1(1), 9(1)

[^key-8fc5e895cd44d68bc6fbe2753c834a1a]: Reg. 7(2)(o) inserted (29.5.2020) by The Victims’ Payments Regulations 2020 (S.I. 2020/103), regs. 1(3), 27(4)

[^key-3493b4c23db1c9771a4bf6dcc4a7c038]: Reg. 7(2)(p) inserted (5.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/345), regs. 1(1), 10

[^key-eadd5246de246963280f8c4b4887a0c0]: Reg. 7(q)(r) added (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/97), regs. 1(1), 10(2)

[^key-0d68a198d0eed93a3d1b7ef252ea945d]: Reg. 7(3) added (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/97), regs. 1(1), 10(3)

[^key-ec106c041d181eed20050308e2b78710]: Reg. 7(2)(j): semi-colon substituted for full stop (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/24), regs. 1(1), 9(a)

[^key-986070527307a1b15d077998e9fac12e]: Reg. 7(2)(n): semi-colon substituted for full stop (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/24), regs. 1(1), 9(a)

[^key-f37be12134f11c9bf61939b1d2b88e18]: Reg. 7(2)(o): semi-colon substituted for full stop (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/24), regs. 1(1), 9(a)

[^key-043c5073df8139b3d98112e5aa3048f6]: Reg. 7(2)(p): semi-colon substituted for full stop (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/24), regs. 1(1), 9(a)

[^key-8629f84ecf621397cfa8084abb440335]: Reg. 7(2)(r): semi-colon substituted for full stop (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/24), regs. 1(1), 9(a)

[^key-e01fa61e55ce1659328bacf1f512d50d]: Reg. 7(2)(s) added (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/24), regs. 1(1), 9(b)

Recovery of lump sum payments from compensation payment made otherwise than under the Diffuse Mesothelioma Payment Scheme

Recovery of specified lump sum payments from compensation payment under the Diffuse Mesothelioma Payment Scheme

4A

The Department may recover the amount of a specified lump sum payment where—

• (a) a compensation payment in consequence of diffuse mesothelioma is made to or in respect of P, or a dependant of P, and a lump sum payment has been, or is likely to be, made to P or in respect of P;

• (b) that compensation payment is a payment under the Diffuse Mesothelioma Payment Scheme; and

• (c) the disease in consequence of which the specified lump sum payment was made is also diffuse mesothelioma.

Application of these Regulations to a dependant of P

Compensation payments to which these Regulations apply

Exempted trusts and payments

Reduction of compensation payment under the Diffuse Mesothelioma Payment Scheme

12A

• (1) This regulation applies in a case where the compensation payment is a payment under the Diffuse Mesothelioma Payment Scheme.

• (2) The gross amount of the compensation payment—

• (a) is to be reduced by the amount of the recoverable lump sum payments; and

• (b) accordingly, is to be reduced to nil in any case where the amount of the recoverable lump sum payments is equal to or greater than the gross amount of the compensation payment.

• (3) The reduction in paragraph (2) is to be made before any reduction in respect of recoverable benefits under Article 10A of the Order[^f00009].

• (4) Any claim by a person to receive the compensation payment is to be treated for all purposes as discharged if—

• (a) the person is paid the gross amount of the compensation payment less the amount of the recoverable lump sum payments; or

• (b) the amount of the recoverable lump sum payments is equal to or greater than the gross amount of the compensation payment and the person is given a statement by the scheme administrator saying that the compensation payment has been reduced tonil.

• (5) In the application of paragraph (4) to any case where the compensation payment is to be made to two or more dependants of P, the deduction of the amount of the recoverable lump sum payments is to be made before calculating the amount to be paid to each dependant in accordance with regulation 16(2)(iii) of the Diffuse Mesothelioma Payment Scheme Regulations 2014.

Regulations 12 and 12A : supplementary

Reduction of compensation: complex cases

Information to be provided by P and the scheme administrator