Part 4Lump sum payments: mesothelioma etc.
Recovery of mesothelioma and other lump sum payments
I154Amendment of Social Security (Recovery of Benefits) Act 1997
After section 1 of the Social Security (Recovery of Benefits) Act 1997 (c. 27) insert—
1ALump sum payments: regulation-making power
1
The Secretary of State may by regulations make provision about the recovery of the amount of a payment to which subsection (2) applies (a “lump sum payment”) where—
a
a compensation payment in consequence of a disease is made to or in respect of a person (“P”) to whom, or in respect of whom, a lump sum payment has been, or is likely to be, made, and
b
the compensation payment is made in consequence of the same disease as the lump sum payment.
2
This subsection applies to—
a
a payment made in accordance with the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (“the 1979 Act”),
b
a payment made in accordance with Part 4 of the Child Maintenance and Other Payments Act 2008, and
c
an extra-statutory payment (within the meaning given by subsection (5)(d) below).
3
Regulations under this section may, in particular—
a
make provision about the recovery of the amount of a lump sum payment made to or in respect of a dependant of P;
b
make provision enabling the recovery of the amount of a lump sum payment from a compensation payment (including provision enabling the recovery of an amount which reduces the compensation payment to nil);
c
enable the amount of a lump sum payment made before commencement to be recovered from a compensation payment made after commencement;
d
make provision about certificates in respect of lump sum payments;
e
apply any provision of this Act, with or without modifications.
4
References in subsection (1) to a payment made in consequence of a disease—
a
are references to a payment made by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of the disease, but
b
do not include references to a payment mentioned in Part 1 of Schedule 1.
5
In this section—
a
“commencement” means the date on which this section comes into force,
b
“compensation payment” means a payment within section 1(1)(a) above,
c
“dependant” has the meaning given by section 3 of the 1979 Act, and
d
“extra-statutory payment” means a payment made by the Secretary of State to or in respect of a person following the rejection by the Secretary of State of a claim under the 1979 Act.