Article 22 Recovery of social security benefits

For Order 11, rule 5(4), there shall be substituted the following new paragraph–

“(4)

An application for an order under paragraph (2) or (3) shall be made on notice to the defendant, and on the application–

(a)

in a case where a payment into court has been made as mentioned in paragraph 12(2) of Schedule 4 to the Social Security Act 1989^f1, the court may treat the money in court as being reduced by a sum equivalent to any further relevant benefits (within the meaning of section 22(3) of that Act) paid to the plaintiff since the date of payment into court and direct payment out accordingly; and

(b)

the court may make any order as to costs as it thinks fit including an order that the plaintiff pay any costs reasonably incurred by the defendant since the date of payment into court.”.