RECOVERY OF PAYMENTS ETC

Power of scheme administrator to help people bring proceedings

(1)Where a payment is made under the scheme, the scheme administrator may help a person to bring relevant proceedings (for example by conducting proceedings or by giving advice or financial help).

(2)“Relevant proceedings” means—

(a)proceedings by the person with diffuse mesothelioma against—

(i)an employer for the negligence or breach of statutory duty mentioned in section 2(1)(a), or

(ii)an insurer with whom the employer maintained insurance covering that liability,

(b)proceedings by any other person against the employer or insurer for damages under the fatal accidents legislation in respect of the death of the person with diffuse mesothelioma, or

(c)any appeal arising out of proceedings within paragraph (a) or (b).

(3)In subsection (2) a reference to a person includes a reference to his or her personal representatives.

(4)The scheme may include provision about the scheme administrator’s functions under this section, including provision as to the circumstances in which the scheme administrator may help a person to bring proceedings.

(5)The Secretary of State may by regulations amend subsection (2) to include other proceedings (which may be proceedings against someone other than an employer or insurer).

Recovery of benefits etc from payments and recovery of payments

Schedule 1 contains amendments to other legislation. Broadly—

·         Part 1 allows benefits and other sums to be recovered from scheme payments,

·         Part 2 allows scheme payments to be recovered from compensation, and

·         Part 3 contains related amendments to do with information sharing.

Source: http://www.legislation.gov.uk/