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(6) Any reference in subsection (5)(a) or (b) to any amount (or amounts) specified | |
in a certificate are to the amount (or amounts) which would be so specified | |
apart from subsection (3). | |
(7) Regulations under subsection (2) which provide for cases mentioned in | |
subsection (5)(e) may (among other things) provide in the case of each | 5 |
compensator for— | |
(a) determining, or re-determining, the amount for which he is liable | |
under section 141(2), | |
(b) giving credit for amounts already paid, and | |
(c) the payment by any person of any balance or the recovery from any | 10 |
person of any excess. | |
(8) Regulations under subsection (2) which provide for cases mentioned in | |
subsection (5)(f) may (among other things) provide in the case of any | |
compensator for the matters mentioned in paragraphs (b) and (c) of subsection | |
(7). | 15 |
(9) A person to whom a certificate is issued is entitled to such particulars of the | |
manner in which any amount (or amounts) specified in the certificate has (or | |
have) been determined as may be prescribed, if he applies to the Secretary of | |
State or the Scottish Ministers (as the case may require) for those particulars. | |
(10) Regulations under subsection (2) may be made so as to apply to any certificate | 20 |
issued after the time the regulations come into force, other than one relating to | |
a compensation payment made before that time. | |
Recovery of NHS charges | |
145 Payment of NHS charges | |
(1) If the certificate by reference to which an amount payable under section 141(2) | 25 |
is determined is issued before the settlement date, that amount must be paid | |
before the end of the period of 14 days beginning with the settlement date. | |
(2) If the certificate by reference to which an amount payable under section 141(2) | |
is determined is issued on or after the settlement date, that amount must be | |
paid before the end of the period of 14 days beginning with the day on which | 30 |
the certificate is issued. | |
(3) “Settlement date” means the date on which the compensation payment is | |
made. | |
(4) This section is subject to section 146(2). | |
146 Recovery of NHS charges | 35 |
(1) This section applies if a person has made a compensation payment and | |
either— | |
(a) subsection (7) of section 142 applies but he has not applied for a | |
certificate as required by that subsection, or | |
(b) he has not made payment, in full, of any amount due under section | 40 |
141(2) by the end of the period allowed under section 145. | |
(2) The Secretary of State, the Scottish Ministers or both, according to the | |
circumstances of the case, may— | |
| |
| |
|
| |
| |
(a) in a case within subsection (1)(a), issue the person who made the | |
compensation payment with a certificate, and | |
(b) in a case within subsection (1)(b), issue him with a copy of the certificate | |
or (if more than one has been issued) the most recent one, | |
and, in either case, issue him with a demand that payment of any amount due | 5 |
under section 141(2) be made immediately. | |
(3) Subsections (5) and (6) of section 143 apply to certificates issued under | |
subsection (2) above as they apply to certificates issued under section 142. | |
(4) A demand issued under subsection (2) may be issued jointly by the Secretary | |
of State and the Scottish Ministers specifying— | 10 |
(a) an amount due under subsection (2) of section 141 to the Secretary of | |
State, and | |
(b) an amount due under that subsection to the Scottish Ministers, | |
in respect of the same injured person in consequence of the same injury. | |
(5) In the case of a demand specifying amounts as mentioned in subsection (4)(a) | 15 |
and (b), references in the following provisions of this section to a demand are | |
to be taken as being (as the case may require) to— | |
(a) the demand in so far as it relates to any amount due to the Secretary of | |
State, or | |
(b) the demand in so far as it relates to any amount due to the Scottish | 20 |
Ministers, | |
and related expressions are to be read accordingly. | |
(6) The Secretary of State or the Scottish Ministers may recover the amount for | |
which a demand for payment is made under subsection (2) from the person | |
who made the compensation payment. | 25 |
(7) If the person who made the compensation payment resides or carries on | |
business in England or Wales and a county court so orders, the amount | |
demanded is recoverable by execution issued from the county court or | |
otherwise as if it were payable under an order of that court. | |
(8) If the person who made the compensation payment resides or carries on | 30 |
business in Scotland, the demand may be enforced as if it were an extract | |
registered decree arbitral bearing a warrant for execution issued by the sheriff | |
court of any sheriffdom in Scotland. | |
(9) A document which states that it is a record of the amount recoverable under | |
subsection (6) is conclusive evidence that the amount is so recoverable if it is | 35 |
signed by a person authorised to do so by the Secretary of State or the Scottish | |
Ministers (as the case may be). | |
(10) For the purposes of subsection (9), a document purporting to be signed by a | |
person authorised to do so by the Secretary of State or the Scottish Ministers (as | |
the case may be) is to be treated as so signed unless the contrary is proved. | 40 |
Review and appeal | |
147 Review of certificates | |
(1) The Secretary of State or the Scottish Ministers must review a certificate issued | |
by him or them if the certificate relates to a claim made by or on behalf of an | |
injured person— | 45 |
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(a) in respect of which, after the certificate is issued, a court in England and | |
Wales or Scotland orders a reduction of damages in accordance with | |
section 1 of the Law Reform (Contributory Negligence) Act 1945 (c. 28), | |
(b) in respect of which, after the certificate is issued, a court in Northern | |
Ireland orders a reduction of damages in accordance with section 2 of | 5 |
the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) | |
1948 (c. 23), | |
(c) in respect of which, after the certificate is issued, a court in a country | |
other than England and Wales, Scotland or Northern Ireland orders a | |
reduction of damages under any provision of the law of that country | 10 |
which appears to the Secretary of State or the Scottish Ministers (as the | |
case may be) to correspond to section 1 of the Law Reform | |
(Contributory Negligence) Act 1945, | |
(d) in respect of which, after the certificate is issued, an officer of a court in | |
England and Wales or Northern Ireland enters or seals an agreed | 15 |
judgement or order which specifies— | |
(i) that the damages are to be reduced to reflect the injured | |
person’s share in the responsibility for the injury in question, | |
and | |
(ii) the amount or proportion by which they are to be so reduced, | 20 |
(e) in the case of which, after the certificate is issued, the parties to any | |
resulting action before a court in Scotland execute a joint minute which | |
specifies— | |
(i) that the action has been settled extra-judicially, and | |
(ii) the matters mentioned in paragraph (d)(i) and (ii), | 25 |
(f) in respect of which, after the certificate is issued, a document is made | |
under any provision of the law of a country other than England and | |
Wales, Scotland or Northern Ireland— | |
(i) which appears to the Secretary of State to correspond to an | |
agreed judgement or order entered or sealed by an officer of a | 30 |
court in England and Wales, and | |
(ii) which specifies the matters mentioned in paragraph (d)(i) and | |
(ii), or | |
(g) in the case of which, after the certificate is issued, a document is made | |
under any provision of the law of a country other than England and | 35 |
Wales, Scotland or Northern Ireland— | |
(i) which appears to the Scottish Ministers to correspond to a joint | |
minute executed by the parties to a resulting action before a | |
court in Scotland, specifying that the action has been settled | |
extra-judicially, and | 40 |
(ii) which specifies the matters mentioned in paragraph (d)(i) and | |
(ii), | |
and notification of the order, judgement, minute or document has been given | |
to the Secretary of State or the Scottish Ministers (as the case may be) in the | |
prescribed manner. | 45 |
(2) If— | |
(a) the Secretary of State and the Scottish Ministers have issued certificates | |
to a person specifying an amount (or amounts) for which that person is | |
liable under section 141(2) in respect of the same injured person in | |
consequence of the same injury, and | 50 |
(b) either the Secretary of State or the Scottish Ministers subsequently | |
adjusts or adjust the amount (or amounts) specified in the certificate | |
| |
| |
|
| |
| |
issued by him or them on a review of, or an appeal against, that | |
certificate, | |
the other must review the certificate issued by him or them (as the case may be) | |
if he is or they are satisfied that it is necessary or expedient to make | |
consequential adjustments to that certificate. | 5 |
(3) The Secretary of State or the Scottish Ministers may review a certificate issued | |
by him or them— | |
(a) either within the prescribed period or in prescribed cases or | |
circumstances, and | |
(b) either on application made for the purpose or on his or their initiative. | 10 |
(4) On a review under this section, the Secretary of State or the Scottish Ministers | |
may— | |
(a) confirm the certificate, | |
(b) issue a fresh certificate containing such variations as he considers or | |
they consider appropriate, or | 15 |
(c) revoke the certificate. | |
(5) Subsections (5) and (6) of section 143 apply to certificates issued under | |
subsection (4)(b) above as they apply to certificates issued under section 142. | |
148 Appeal against a certificate or a waiver decision | |
(1) An appeal against a certificate may be made by the person to whom the | 20 |
certificate was issued on one or more of the following grounds— | |
(a) that an amount (or amounts) specified in the certificate is (or are) | |
incorrect, | |
(b) that an amount (or amounts) so specified takes (or take) into account— | |
(i) treatment which is not NHS treatment received by the injured | 25 |
person, in respect of his injury, at a health service hospital, | |
(ii) ambulance services which are not NHS ambulance services | |
provided to the injured person as a result of his injury, or | |
(iii) treatment as mentioned in sub-paragraph (i) and ambulance | |
services as mentioned in sub-paragraph (ii), | 30 |
(c) that the payment on the basis of which the certificate was issued is not | |
a compensation payment. | |
(2) No appeal may be made until— | |
(a) the claim against the person to whom the certificate was issued, which | |
gives rise to the compensation payment, has been finally disposed of, | 35 |
and | |
(b) payment of the amount (or amounts) specified in the certificate has | |
been made to the Secretary of State or the Scottish Ministers (as the case | |
may be), subject to subsection (4) and sections 149(6) and 150(5). | |
(3) For the purposes of subsection (2)(a), if an award of damages in respect of a | 40 |
claim has been made under or by virtue of— | |
(a) section 32A(2)(a) of the Supreme Court Act 1981 (c. 54), | |
(b) section 12(2)(a) of, or paragraph 10(2)(a) of Schedule 6 to, the | |
Administration of Justice Act 1982 (c. 53), or | |
(c) section 51(2)(a) of the County Courts Act 1984 (c. 28), | 45 |
(orders for provisional damages in personal injury cases), the claim is to be | |
treated as having been finally disposed of. | |
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(4) The Secretary of State or the Scottish Ministers may, on an application by the | |
person to whom the certificate was issued, waive the requirement in | |
subsection (2)(b) that payment of the amount (or amounts) specified in the | |
certificate be made before making an appeal. | |
(5) The Secretary of State or the Scottish Ministers may only grant a waiver if it | 5 |
appears to him or them that payment of the amount (or amounts) specified in | |
the certificate would cause exceptional financial hardship. | |
(6) An appeal against a decision of the Secretary of State or the Scottish Ministers | |
on an application under subsection (4) (referred to in this section and sections | |
149 and 150 as a “waiver decision”) may be made by the person to whom the | 10 |
certificate was issued. | |
(7) Regulations may make provision— | |
(a) as to the manner in which, and the time within which, an appeal against | |
a certificate or waiver decision may be made, | |
(b) as to the procedure to be followed if an appeal against a certificate or | 15 |
waiver decision is made, | |
(c) as to the circumstances in which appeals may be consolidated | |
(including the consolidation of an appeal against a certificate issued by | |
the Secretary of State with an appeal against a certificate issued by the | |
the Scottish Ministers), and | 20 |
(d) for the purpose of enabling an appeal against a certificate to be treated | |
as an application for a review under section 147. | |
149 Appeal tribunals | |
(1) The Secretary of State or the Scottish Ministers must refer to an appeal tribunal | |
constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (c. 14) an | 25 |
appeal against— | |
(a) a certificate, or | |
(b) a waiver decision. | |
(2) In determining an appeal against a certificate, the tribunal must take into | |
account any decision of a court relating to the same, or any similar, issue | 30 |
arising in connection with the injury in question. | |
(3) On an appeal against a certificate, the tribunal may— | |
(a) confirm the amount or amounts specified in the certificate, | |
(b) specify any variations which are to be made on the issue of a fresh | |
certificate under subsection (4), or | 35 |
(c) declare that the certificate is to be revoked. | |
(4) When the Secretary of State or the Scottish Ministers (as the case may be) has | |
or have received the decision of the tribunal on an appeal against a certificate, | |
he or they must in accordance with that decision— | |
(a) confirm the certificate, | 40 |
(b) issue a fresh certificate, or | |
(c) revoke the certificate. | |
(5) Subsections (5) and (6) of section 143 apply to certificates issued under | |
subsection (4)(b) above as they apply to certificates issued under section 142. | |
(6) On an appeal against a waiver decision, the tribunal may— | 45 |
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| |
| |
(a) confirm the decision, or | |
(b) waive the requirement in question. | |
(7) Regulations under section 148 may (among other things) provide for the non- | |
disclosure of medical advice or medical evidence given or submitted following | |
a reference under subsection (1). | 5 |
150 Appeal to Social Security Commissioner | |
(1) An appeal may be made to a Commissioner against any decision of an appeal | |
tribunal under section 149 on the ground that the decision was erroneous in | |
point of law. | |
(2) An appeal under this section may be made by— | 10 |
(a) the Secretary of State or the Scottish Ministers (as the case may be), or | |
(b) the person to whom the certificate was issued. | |
(3) If an appeal is made under this section, subsections (7) to (12) of section 14 of | |
the 1998 Act apply to the appeal as they apply to an appeal under that section | |
(reading references to a tribunal as references to an appeal tribunal constituted | 15 |
as mentioned in section 149(1)). | |
(4) In a case in which subsection (7) or (8)(b) of section 14 of the 1998 Act applies | |
by virtue of subsection (3) above to an appeal against a decision of an appeal | |
tribunal under subsection (3) of section 149, subsections (2) to (4) of that section | |
apply as they apply to an appeal determined on a reference under subsection | 20 |
(1)(a) of that section. | |
(5) In a case in which subsection (7) or (8)(b) of section 14 of the 1998 Act applies | |
by virtue of subsection (3) above to an appeal against a decision of an appeal | |
tribunal under subsection (6) of section 149, the appeal tribunal may— | |
(a) confirm the waiver decision, or | 25 |
(b) waive the requirement in question. | |
(6) In a case in which subsection (8)(a) of section 14 of the 1998 Act applies by | |
virtue of subsection (3) above to an appeal against a decision of an appeal | |
tribunal under subsection (3) of section 149, subsection (4) of that section | |
applies as if the references to the decision of the tribunal on an appeal against | 30 |
a certificate were references to the decision of the Commissioner on an appeal | |
under this section. | |
(7) In this section— | |
“Commissioner” has the same meaning as in Chapter 2 of Part 1 of the | |
1998 Act, and | 35 |
“the 1998 Act” means the Social Security Act 1998 (c. 14). | |
Information | |
151 Provision of information | |
(1) If compensation is sought in consequence of any injury suffered by an injured | |
person, such information with respect to the circumstances of the case as may | 40 |
be prescribed must be given by the following persons to the Secretary of State | |
or the Scottish Ministers (as the case may require)— | |
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| |
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| |
| |
(a) the person against whom the claim is made and anyone acting on | |
behalf of that person, whether or not proceedings have been | |
commenced, | |
(b) the injured person or, if the injured person has died, his personal | |
representative, | 5 |
(c) anyone not within paragraph (a) who is, or is alleged to be, liable to any | |
extent in respect of the injury, | |
(d) if the claim is not made by the injured person, the person by whom it is | |
made, | |
(e) anyone acting on behalf of the person within any of paragraphs (b) to | 10 |
(d), | |
(f) the responsible body of each health service hospital at which the | |
injured person has received NHS treatment in respect of his injury, | |
(g) any ambulance trust which provided NHS ambulance services as a | |
result of his injury. | 15 |
(2) A person who is required to give information under this section must do so— | |
(a) in the prescribed manner, and | |
(b) within the prescribed period. | |
(3) Regulations under this section may, in particular, require the provision of | |
information about any NHS treatment which an injured person has received at | 20 |
a health service hospital and any NHS ambulance services provided to the | |
injured person. | |
(4) In this section— | |
“ambulance trust”— | |
(a) in relation to England or Wales, means— | 25 |
(i) a National Health Service trust established under section 5 | |
of the National Health Service and Community Care Act | |
1990 (c. 19), or | |
(ii) an NHS foundation trust, | |
(b) in relation to Scotland, means a Special Health Board | 30 |
established under section 2(1)(b) of the 1978 Act; | |
“responsible body”, in relation to a health service hospital, means— | |
(a) in the case of a hospital vested in— | |
(i) a National Health Service trust established under section 5 | |
of the National Health Service and Community Care Act | 35 |
1990 or section 12A of the 1978 Act, or | |
(ii) a Primary Care Trust, | |
the trust, and | |
(b) in any other case, the body responsible for the management of | |
the hospital. | 40 |
152 Use of information held by the Secretary of State or the Scottish Ministers etc. | |
(1) Subsection (2) applies to information which is held— | |
(a) by the Secretary of State, or | |
(b) by a person providing services to the Secretary of State in connection | |
with the provision of those services, | 45 |
for the purposes of, or for any purpose connected with, the exercise of | |
functions under the Social Security (Recovery of Benefits) Act 1997 (c. 27). | |
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