S.I. No. 332 of 2014


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S.I. No. 332 of 2013.

SOCIAL WELFARE (CONSOLIDATED CLAIMS, PAYMENTS AND CONTROL) (AMENDMENT) (NO. 2) (RECOVERY OF CERTAIN BENEFITS AND ASSISTANCE) REGULATIONS 2014

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

Sections 13 and 14 of the Social Welfare and Pensions Act 2013 provide for 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 and for consequential amendments to the Personal Injuries Assessment Board Act 2003.

These provisions are being brought into operation with effect from 1 August 2014 by the Social Welfare and Pensions Act 2013 (Sections 13 and 14) (Commencement) Order 2014 (S.I. No. 308 of 2014).

Under the new recovery of benefits arrangements, compensators in personal injury cases must apply to the Minister for Employment Affairs and Social Protection for a statement of recoverable benefits before making any payment of compensation to the injured person. Where there are recoverable benefits, the compensator is, in general, obliged to pay to the Minister the amount of the recoverable benefits before making any compensation payments.

These Regulations prescribe the information to be provided by compensators when applying for a statement of recoverable benefits for the purposes of identifying—

  • the injured person, and
  • the social welfare benefits that may have been paid to that person.

These Regulations also prescribe the manner in which an application for a statement of recoverable benefits is to be made.

Last modified:29/07/2014