# The National Health Service (Injury Benefits) Amendment Regulations 1997, Regulation 5: Insertion of regulation 4A into the principal Regulations


After regulation 4 of the principal Regulations there shall be inserted the following regulation—
“Recovery of costs
4A (1) Where, during the period commencing 1st April 1991 and ending 31st March 1997, a lump sum under regulation 4(9) or 11 of these Regulations or regulation 4(9) or 11 of the previous regulations was paid to or in respect of a person to whom regulation 3(1) of these Regulations applies or, as the case may be, to or in respect of a person to whom regulation 3(1) of the previous Regulations applied, that person’s employing authority shall be liable to pay a contribution to the Secretary of State in accordance with paragraph (4) representing the total amount of that lump sum together with the cost of providing increases to it under Part I of the Pensions (Increase) Act 1971.
(2) Subject to paragraph (3), where, on or after 1st April 1997, a claim is made for an allowance or lump sum under paragraph (2), (3), (4) or (9) of regulation 4, or regulation 7, 8, 9 or 11 by or in respect of a person to whom regulation 3(1) of these Regulations applies, that person’s employing authority shall, on the payment by the Secretary of State pursuant to that claim of the allowance or any part of it, or, as the case may be, of the lump sum, be liable to pay a contribution to the Secretary of State in accordance with paragraph (5) representing—
(a) the total amount of such allowance or such part, or,
(b) the total amount of such lump sum,
together with the cost of providing increases to it under Part I of the Pensions (Increase) Act 1971.
(3) Paragraph (2) shall not apply to any claim made on or after 1st April 1997 where that claim is made in respect of a person who dies on or after that date but who was, before that date, in receipt of an allowance or lump sum under paragraph (2), (3), (4) or (9) of regulation 4 or who would, before that date, have received such an allowance or lump sum under any of those paragraphs but for—
(a) the fact that his earning ability was not permanently reduced by more than 10 per cent. in accordance with the requirements of paragraph (1) of regulation 4; or
(b) the application of paragraph (4) or (6) of regulation 4 to the calculation of his benefits under that regulation.
(4) Contributions payable to the Secretary of State under paragraph (1) shall be paid not later than one month from the end of the quarter in which the lump sum referred to in that paragraph was paid, or, in any case where that period has expired, within such longer period as the Secretary of State may allow.
(5) Contributions payable to the Secretary of State under paragraph (2) shall be paid not later than one month from the end of the quarter in which the allowance or any part of it, or, as the case may be, the lump sum, referred to in that paragraph was paid.”.

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Source: https://www.legislation.gov.uk/uksi/1997/646/regulation/5 (the official version)
Page: https://openlegislation.uk/national-health-service-injury-benefits-amendment-regulations-1997/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.