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Section 78 Recovery of sums equivalent to benefit from compensation payments in respect of accidents, injuries and diseases.

Northern Ireland

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

(1)

A person (“the compensator”) making a compensation payment, whether on behalf of himself or another, in consequence of an accident, injury or disease suffered by any other person (“the victim”) shall not do so until the Department has furnished him with a certificate of total benefit and shall then—

(a)

deduct from the payment an amount, determined in accordance with the certificate of total benefit, equal to the gross amount of any relevant benefits paid or likely to be paid to or for the victim during the relevant period in respect of that accident, injury or disease;

(b)

pay to the Department an amount equal to that which is required to be so deducted; and

(c)

furnish the person to whom the compensation payment is or, apart from this section, would have been made (“the intended recipient”) with a certificate of deduction.

(2)

Any right of the intended recipient to receive the compensation payment in question shall be regarded as satisfied to the extent of the amount certified in the certificate of deduction.

Notes on Part IV

Textual amendments

F1

Pt. IV (ss. 77-99) repealed (6.10.1997) by S.I. 1997/1183 (N.I. 12), art. 31(1)(2), Sch. 3, para. 2, Sch. 4; S.R. 1997/400, art. 2(2)