S.I. No 177 of 2015


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S.I. No. 177 of 2015.

SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) (AMENDMENT) (NO. 1) (RECOVERY OF CERTAIN BENEFITS AND ASSISTANCE) REGULATIONS 2015

EXPLANATORY NOTE

Section 12 of the Social Welfare (Miscellaneous Provisions) Act 2015 provides for a number of amendments to the operation of the provisions relating to the recovery of the value of certain illness-related social welfare payments from compensation awards made to persons as a consequence of personal injuries claims, which were provided for in the Social Welfare and Pensions Act 2013 and which came into operation in August 2014.

Under the current arrangements, a statement of recoverable benefits can only be issued where the compensator makes an application to the Minister for Employment Affairs and Social Protection for the issuing of such a statement. Section 12 of the Social Welfare (Miscellaneous Provisions) Act 2015 enables the Minister to issue a statement of recoverable benefits directly to a compensator in cases where a compensator fails to apply for such a statement before making a compensation payment in respect of personal injuries. In addition, section 12 enables the Minister to issue a revised statement of recoverable benefits where an illness-related social welfare payment is awarded or varied subsequent to the issuing of the initial statement of recoverable benefits.

These Regulations prescribe the information to be provided by a compensator or an injured person to the Minister for the purposes of enabling such a statement or revised statement of recoverable benefits to be issued. This includes—

  • information to assist in identifying the compensator involved or the agent or legal representative of the compensator, and
  • information to assist in identifying the injured person and the social welfare benefits that may have been paid to that person.

These Regulations also provide for a consequential amendment to the definitions contained in Part 9A of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007, which relates to the recovery of the value of certain illness-related social welfare payments from compensation awards, to include a definition of the term "revised statement of recoverable benefits".

Last modified:12/05/2015