N.I.
Mesothelioma, etc., Act (Northern Ireland) 2008
2008 CHAPTER 9
An Act to make provision about lump sum payments to or in respect of persons with diffuse mesothelioma; and for connected purposes.
[2nd July 2008]
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
Mesothelioma lump sum paymentsN.I.
Lump sum paymentsN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Determination of claimsN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Appeal to Social Security CommissionerN.I.
Minors and persons who are incapableN.I.
Recovery of mesothelioma and other lump sum paymentsN.I.
Amendment of Social Security (Recovery of Benefits) (Northern Ireland) Order 1997N.I.
8 After Article 3 of the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12) insert—
“Lump sum payments: regulation-making power
3A—(1) The Department may by regulations make provision about the recovery of the amount of a payment to which paragraph (2) applies (a “lump sum payment”) where—
(a)a compensation payment in consequence of a disease is made to or in respect of a person (“P”) to whom, or in respect of whom, a lump sum payment has been, or is likely to be, made, and
(b)the compensation payment is made in consequence of the same disease as the lump sum payment.
(2) This paragraph applies to—
(a)a payment made in accordance with the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 (in this Article referred to as “the 1979 Order”);
(b)a payment made in accordance with the Mesothelioma, etc., Act (Northern Ireland) 2008, and
(c)an extra-statutory payment (within the meaning given by paragraph (5)(d)).
(3) Regulations under this Article may, in particular—
(a)make provision about the recovery of the amount of a lump sum payment made to or in respect of a dependant of P;
(b)make provision enabling the recovery of the amount of a lump sum payment from a compensation payment (including provision enabling the recovery of an amount which reduces the compensation payment to nil);
(c)enable the amount of a lump sum payment made before commencement to be recovered from a compensation payment made after commencement;
(d)make provision about certificates in respect of lump sum payments;
(e)apply any provision of this Order, with or without modifications.
(4) References in paragraph (1) to a payment made in consequence of a disease—
(a)are references to a payment made by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of the disease, but
(b)do not include references to a payment mentioned in Part 1 of Schedule 1.
(5) In this Article—
(a)“commencement” means the date on which this Article comes into operation,
(b)“compensation payment” means a payment within Article 3(1)(a),
(c)“dependant” has the meaning given by Article 5 of the 1979 Order, and
(d)“extra-statutory payment” means a payment made by the Department to or in respect of a person following the rejection by the Department of a claim under the 1979 Order.”.
GeneralN.I.
RegulationsN.I.
9—(1) A reference in this Act to regulations is a reference to regulations made by the Department.
(2) The power to make regulations under this Act—
(a)includes power to make such incidental, supplementary or transitional provision as the Department thinks fit;
(b)may be exercised so as to provide for a person to exercise a discretion in dealing with any matter.
(3) Regulations may make provision consequential on this Act amending, repealing or revoking any statutory provision.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .InterpretationN.I.
11 In this Act—
“the 1979 Order” means the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 (NI 9);
“the Department” means the Department for Social Development;
“dependant” has the meaning given by Article 5 of the 1979 Order;
“diffuse mesothelioma” has the same meaning as in the 1979 Order;
“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).
CommencementN.I.
12—(1) This Act (except section 11, this section and section 13) shall come into operation on such day or days as the Department may by order appoint.
(2) An order under subsection (1) may include such transitional provision or savings as the Department considers necessary or expedient in connection with bringing any provision of this Act into operation.
Subordinate Legislation Made
P1S. 12(1) power fully exercised: 27.8.2008 and 1.10.2008 appointed for specified provisions by S.R. 2008/351, art. 2, Sch.
Short titleN.I.
13 This Act may be cited as the Mesothelioma, etc., Act (Northern Ireland) 2008.