Paragraph 17
If a warrant under paragraph 15 above authorises F1the Treasury to take into account, as against any sums otherwise payable under the warrant, any damages which are recovered or recoverable by or on behalf of the recipient of the payments under that paragraph in respect of the injury, disease or death in consequence of which the payments are made, and the Treasury makes any payments without taking such damages into account, then if and when the Treasury is satisfied that there are any damages to be so taken into account F2it shall have the right to recover from the recipient—
where the amount of the payments made by the Treasury is less than the net amount of the damages, the amount of those payments,
where the amount of those payments is not less than the net amount of the damages, such part of those payments as is equal to the net amount of the damages.
So far as any amount recoverable under this paragraph represents a payment made by the Treasury from which income tax has been deducted before payment, the proper allowance shall be made in respect of the amount so deducted, and in this paragraph “the net amount of the damages” means the amount of the damages after deducting any tax payable in the United Kingdom or elsewhere to which the damages are subject.
No proceeding shall be brought to recover any amount under this paragraph—
after the death of the recipient of the payments, or
after the expiration of two years from the date on which the amount of the damages taken into account in arriving at the amount so recoverable is finally determined (whether in court proceedings or in arbitration proceedings or by agreement between the parties) or from the date on which the final determination of that amount first came to the knowledge of the Treasury, whichever date is the later.
A certificate issued by the Treasury and stating the date on which the final determination of any amount of damages first came to the knowledge of the Treasury shall be admissible in any proceedings as sufficient evidence of that date.
The provisions of this paragraph are without prejudice to any right of the Treasury under any such warrant to take damages into account by withholding or reducing any further sums otherwise payable to the recipient of the payment.
Annotations
Textual amendments
- F1
Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 118(4)(b)
- F2
Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 118(7)(c)
Notes on Schedule 1
Textual amendments
- F1
Words in Sch 1 heading substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 25(4); S.I. 2009/1604, art. 2(d)