Compensation Recovery: Substantive and Procedural Issues

This is an extended version of the text for a lecture given in the Bar Library in October 1995.

It provides a detailed analysis of the law and procedure for the recoupment of social security benefit from damages for personal injury, as laid down in Sections 77-99 of the Social Security Administration (NI) Act 1992 and the Social Security (Recoupment) Regulations (NI) 1990, as amended. Making reference to a number of decisions of the courts and social security commissioners in Northern Ireland and in England and Wales, the author deals with such questions as: is the payment a "compensation payment" for the purposes of the plaintiff; how does the Act affect the assessment of damages for personal injury"; and, in particular, how is a plaintiff's claim for loss of non-recoupable benefits, as set out in "Hassall v Secretary of State for Social Security", affected by the Northern Ireland cases of "Mitchell v Department of the Environment" and "Donnelly v McCoy"?The author also attempts to clarify some problems which may arise in practice from the definition of the "relevant period" for the purposes of the 1992 Act, the provisions relating to payment into court, the review of the Certificate of Total Benefit and the process of deduction.

Reference is also made to criticisms of the scheme by the Social Security Select Committee of the House of Commons and of developments which may occur in the light of the Government's reply thereto. Finally, the author provides a short section on the present law relating to claims for damages not exceeding #2500.00, which are now governed by the Law Reform (Miscellaneous Provisions) Act (NI) 1948, as amended by the 1992 Act. Price includes postage and packaging.