Regulation 13 Multiple compensation payments

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg 13 am (S) (28.1.2002) by Road Traffic (NHS Charges) Amendment 2001 reg 2(1), (5)
reg 13 am (S) by Road Traffic (NHS Charges) Amendment 2006 reg 2
reg 13 am (S) (1.1.2003) by Road Traffic (NHS Charges) Amendment 2002 reg 2(1), (5)
reg 13 am (S) by Road Traffic (NHS Charges) Amendment 2004 reg 2(1), (5)
reg. 13(2) words substituted by Road Traffic (NHS Charges) Amendment 2005 reg. 2(5)

(1)

This regulation applies where a person making a compensation payment is liable to pay appropriate NHS charges to the Secretary of State under section 1(2) and—

(a)

a compensation payment in the form of a lump sum has been made by any person (an “earlier payment”); and

(b)

subsequently another such payment is made in respect of the same injury or death by any person (a “later payment”).

(2)

Where this regulation applies, the amount, for the purpose of section 3(2), to be specified in the certificate in respect of the later payment shall be the amount determined under regulation 3 or 4 (as appropriate) reduced by the amount paid in satisfaction of any liability under section 1(2) in connection with the earlier payment.

(3)

Where—

(a)

a payment made in satisfaction of the liability under section 1(2) arising in connection with an earlier payment is not reflected in the certificate in force at the time of the later payment, and

(b)

in consequence, the total amount of the payments exceeds what it would have been had the earlier payment been so reflected,

the Secretary of State shall review the certificate in respect of the later payment so as to specify the correct liability under section 1(2) in connection with the later payment.