S.I. No. 497/2014 - Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Recovery of Certain Benefits and Assistance) Regulations 2014.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th November, 2014.

I, JOAN BURTON, Minister for Social Protection, in exercise of the powers conferred on me by sections 4 (adapted by the Social and Family Affairs (Alteration of Name of Department and Title of Minister) Order 2010 ( S.I. No. 186 of 2010 )) and 343P (inserted by section 13 of the Social Welfare and Pensions Act 2013 (No. 38 of 2013)) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby make the following Regulations:

Citation and construction

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 5) (Recovery of Certain Benefits and Assistance) Regulations 2014.

(2) These Regulations and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2014 shall be construed together as one and may be cited together as the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 to 2014.

Commencement

2. These Regulations come into operation on 1 November 2014.

Information to be given when making application for statement of recoverable benefits

3. Article 249C (inserted by article 3 of the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Recovery of Certain Benefits and Assistance) Regulations 2014 ( S.I. No. 332 of 2014 )) of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 ( S.I. No. 142 of 2007 ) is amended in paragraph (a) by inserting the following subparagraph after subpargraph (i):

“(ia) the personal public service number of the injured person,”.

GIVEN under my Official Seal,

30 October 2014.

JOAN BURTON,

Minister for Social Protection.

EXPLANATORY NOTE

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

Under new arrangements introduced on 1 August 2014, compensators in personal injury cases must apply to the Minister for 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.

The Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 2) (Recovery of Certain Benefits and Assistance) Regulations 2014 ( S.I. No. 332 of 2014 ) prescribed the information that must 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 extend, with effect from 1 November 2014, the information that must be provided by compensators when applying for a statement of recoverable benefits to include the personal public service number of the injured person.