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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Part 3 — Recovery of NHS charges

70

 

(4)   

A person may apply under subsection (1) for a fresh certificate from time to

time.

(5)   

Subsection (2) does not require the Secretary of State or the Scottish Ministers

to arrange for a fresh certificate to be issued to a person applying under

subsection (4) if, when the application is received, a certificate issued to the

5

applicant in respect of the injured person is still in force; but the Secretary of

State or the Scottish Ministers (as the case may be) may arrange for a fresh

certificate to be issued so as to have effect on the expiry of the current

certificate.

(6)   

If a certificate expires, the Secretary of State or the Scottish Ministers (as the

10

case may be) may arrange for a fresh certificate to be issued without an

application having to be made.

(7)   

In the circumstances mentioned in subsection (8), a person who has made a

compensation payment in consequence of an injury suffered by an injured

person must apply for a certificate to the Secretary of State, the Scottish

15

Ministers or both, according to whether he believes the relevant NHS charges

payable by him (if any) would be due to the Secretary of State, the Scottish

Ministers or both.

(8)   

The circumstances are that—

(a)   

at the time the payment is made by the person—

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(i)   

no certificate has been issued to him in respect of the injured

person, or

(ii)   

if such a certificate has been issued to him, it is no longer in

force, and

(b)   

no application for a certificate has been made by him during the

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prescribed period ending immediately before the day on which the

compensation payment is made.

(9)   

An application for a certificate must be made in the prescribed manner and, in

the case of an application under subsection (7), within the prescribed period.

(10)   

On receiving an application under subsection (7), the Secretary of State or the

30

Scottish Ministers must arrange for a certificate to be issued as soon as is

reasonably practicable (subject to section 152).

(11)   

In this section and section 152, “relevant NHS charges” has the meaning given

in section 150(10).

152     

Section 151: supplementary

35

(1)   

Subsection (2) applies if—

(a)   

an application is made under subsection (1) or (7) of section 151 to the

Secretary of State or the Scottish Ministers, and

(b)   

it appears to the Secretary of State or the Scottish Ministers that the

relevant NHS charges payable by the applicant (if any) would be due

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to the Scottish Ministers or the Secretary of State (respectively) instead.

(2)   

The Secretary of State or the Scottish Ministers (as the case may be) must refer

the application to the Scottish Ministers or the Secretary of State (respectively),

and the application is to be treated, for the purposes of this Part, as having been

made to the Scottish Ministers or the Secretary of State (as the case may be).

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(3)   

Subsection (4) applies if—

 

 

Health and Social Care (Community Health and Standards) Bill
Part 3 — Recovery of NHS charges

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(a)   

an application is made under subsection (1) or (7) of section 151 to the

Secretary of State or the Scottish Ministers, and

(b)   

it appears to the Secretary of State or the Scottish Ministers that the

relevant NHS charges payable by the applicant (if any) would be due

in part to him or them and in part to the Scottish Ministers or the

5

Secretary of State (respectively).

(4)   

The Secretary of State or the Scottish Ministers (as the case may be) must refer

the application to the Scottish Ministers or the Secretary of State (respectively)

in so far as the application relates to relevant NHS charges due to them or him,

and the application is to be treated, for the purposes of this Part, as having been

10

made to the Secretary of State in so far as it relates to relevant NHS charges due

to him under subsection (2) of section 150 and to the Scottish Ministers in so far

as it relates to relevant NHS charges due to them under that subsection.

(5)   

A certificate may be issued under section 151 jointly by the Secretary of State

and the Scottish Ministers specifying—

15

(a)   

an amount (or amounts) for which a person is liable under subsection

(2) of section 150 to the Secretary of State, and

(b)   

an amount (or amounts) for which that person is liable under that

subsection to the Scottish Ministers,

   

in respect of the same injured person in consequence of the same injury.

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(6)   

In the case of a certificate issued under section 151 specifying an amount (or

amounts) as mentioned in paragraphs (a) and (b) of subsection (5), references

in the following provisions of this Part to a certificate are to be taken as being

to the certificate in so far as it relates to the liability to the Secretary of State or

in so far as it relates to the liability to the Scottish Ministers (as the case may

25

require).

153     

Information contained in certificates

(1)   

A certificate must specify the amount (or amounts) for which the person to

whom it is issued is liable under section 150(2).

(2)   

The amount (or amounts) to be specified is (or are) to be that (or those) set out

30

in, or determined in accordance with, regulations, reduced if applicable in

accordance with subsection (3) or regulations under subsection (10).

(3)   

If a certificate relates to a claim made by or on behalf of an injured person—

(a)   

in respect of which a court in England and Wales or Scotland has

ordered a reduction of damages in accordance with section 1 of the Law

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Reform (Contributory Negligence) Act 1945 (c. 28),

(b)   

in respect of which a court in Northern Ireland has ordered a reduction

of damages in accordance with section 2 of the Law Reform

(Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23),

(c)   

in respect of which a court in a country other than England and Wales,

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Scotland or Northern Ireland has ordered a reduction of damages

under any provision of the law of that country which appears to the

Secretary of State or the Scottish Ministers (as the case may be) to

correspond to section 1 of the Law Reform (Contributory Negligence)

Act 1945,

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(d)   

in respect of which an officer of a court in England and Wales or

Northern Ireland has entered or sealed an agreed judgement or order

which specifies—

 

 

Health and Social Care (Community Health and Standards) Bill
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(i)   

that the damages are to be reduced to reflect the injured

person’s share in the responsibility for the injury in question,

and

(ii)   

the amount or proportion by which they are to be so reduced,

(e)   

in the case of which the parties to any resulting action before a court in

5

Scotland have executed a joint minute which specifies—

(i)   

that the action has been settled extra-judicially, and

(ii)   

the matters mentioned in paragraph (d)(i) and (ii),

(f)   

in respect of which a document has been made under any provision of

the law of a country other than England and Wales, Scotland or

10

Northern Ireland—

(i)   

which appears to the Secretary of State to correspond to an

agreed judgement or order entered or sealed by an officer of a

court in England and Wales, and

(ii)   

which specifies the matters mentioned in paragraph (d)(i) and

15

(ii), or

(g)   

in the case of which a document has been made under any provision of

the law of a country other than England and Wales, Scotland or

Northern Ireland—

(i)   

which appears to the Scottish Ministers to correspond to a joint

20

minute executed by the parties to a resulting action before a

court in Scotland specifying that the action has been settled

extra-judicially, and

(ii)   

which specifies the matters mentioned in paragraph (d)(i) and

(ii),

25

   

the amount (or amounts) specified in the certificate is (or are) to be that (or

those) which would be so specified apart from this subsection, reduced by the

same proportion as the reduction of damages.

(4)   

If a certificate relates to an injured person who has not received NHS treatment

at a health service hospital or been provided with NHS ambulance services as

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a result of the injury, it must indicate that no amount is payable to the Secretary

of State or the Scottish Ministers (as the case may be) by reference to that

certificate.

(5)   

Regulations under subsection (2) may, in particular, provide—

(a)   

that the amount, or the aggregate amount, specified in a certificate is

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not to exceed a prescribed sum,

(b)   

for different amounts to be specified in respect of different

circumstances or areas,

(c)   

for cases in which an injured person receives treatment at two or more

health service hospitals,

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(d)   

for cases in which an injured person receives treatment at one or more

health service hospitals and is provided with NHS ambulance services,

(e)   

for cases in which liability under section 150(2) is to be apportioned

between two or more persons making compensation payments to or in

respect of the same injured person in consequence of the same injury,

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(f)   

for cases in which a fresh certificate is issued or a certificate is revoked

as a result of a review under or by virtue of section 156 or an appeal

under section 157 or 159,

(g)   

for the amount specified in a certificate issued by the Secretary of State

or the Scottish Ministers to be adjusted to take into account any amount

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for which the person to whom the certificate is issued is liable under

 

 

Health and Social Care (Community Health and Standards) Bill
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section 150(2), in respect of the same injured person in consequence of

the same injury, in accordance with a certificate issued by the Scottish

Ministers or the Secretary of State (respectively),

(h)   

for any matter requiring determination under or in consequence of the

regulations to be determined by the Secretary of State or the Scottish

5

Ministers (as the case may require),

   

and in the case of paragraph (e) may make such provision by modifying this

Part.

(6)   

Any reference in subsection (5)(a) or (b) to any amount (or amounts) specified

in a certificate is to the amount (or amounts) which would be so specified apart

10

from subsection (3) or regulations under subsection (10).

(7)   

Regulations under subsection (2) which provide for cases mentioned in

subsection (5)(e) may (among other things) provide in the case of each

compensator for—

(a)   

determining, or re-determining, the amount for which he is liable

15

under section 150(2),

(b)   

giving credit for amounts already paid, and

(c)   

the payment by any person of any balance or the recovery from any

person of any excess.

(8)   

Regulations under subsection (2) which provide for cases mentioned in

20

subsection (5)(f) may (among other things) provide in the case of any

compensator for the matters mentioned in paragraphs (b) and (c) of subsection

(7).

(9)   

For the purposes of subsection (10), a claim made by or on behalf of an injured

person is a qualifying claim if—

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(a)   

it is settled by mediation of a prescribed description, and

(b)   

the damages payable under the settlement are to be reduced to reflect

the injured person’s share in the responsibility for the injury in

question.

(10)   

Regulations may make provision as to the circumstances in which the amount

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(or amounts) specified in a certificate relating to a qualifying claim is (or are) to

be that (or those) which would be so specified apart from the regulations,

reduced by the same proportion as the reduction of damages.

(11)   

A person to whom a certificate is issued is entitled to such particulars of the

manner in which any amount (or amounts) specified in the certificate has (or

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have) been determined as may be prescribed, if he applies to the Secretary of

State or the Scottish Ministers (as the case may require) for those particulars.

(12)   

Regulations under subsection (2) may be made so as to apply to any certificate

issued after the time the regulations come into force, other than one relating to

a compensation payment made before that time.

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Recovery of NHS charges

154     

Payment of NHS charges

(1)   

If the certificate by reference to which an amount payable under section 150(2)

is determined is issued before the settlement date, that amount must be paid

before the end of the period of 14 days beginning with the settlement date.

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Health and Social Care (Community Health and Standards) Bill
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(2)   

If the certificate by reference to which an amount payable under section 150(2)

is determined is issued on or after the settlement date, that amount must be

paid before the end of the period of 14 days beginning with the day on which

the certificate is issued.

(3)   

“Settlement date” means the date on which the compensation payment is

5

made.

(4)   

This section is subject to section 155(2).

155     

Recovery of NHS charges

(1)   

This section applies if a person has made a compensation payment and

either—

10

(a)   

subsection (7) of section 151 applies but he has not applied for a

certificate as required by that subsection, or

(b)   

he has not made payment, in full, of any amount due under section

150(2) by the end of the period allowed under section 154.

(2)   

The Secretary of State, the Scottish Ministers or both, according to the

15

circumstances of the case, may—

(a)   

in a case within subsection (1)(a), issue the person who made the

compensation payment with a certificate, and

(b)   

in a case within subsection (1)(b), issue him with a copy of the certificate

or (if more than one has been issued) the most recent one,

20

   

and, in either case, issue him with a demand that payment of any amount due

under section 150(2) be made immediately.

(3)   

Subsections (5) and (6) of section 152 apply to certificates issued under

subsection (2) above as they apply to certificates issued under section 151.

(4)   

A demand issued under subsection (2) may be issued jointly by the Secretary

25

of State and the Scottish Ministers specifying—

(a)   

an amount due under subsection (2) of section 150 to the Secretary of

State, and

(b)   

an amount due under that subsection to the Scottish Ministers,

   

in respect of the same injured person in consequence of the same injury.

30

(5)   

In the case of a demand specifying amounts as mentioned in subsection (4)(a)

and (b), references in the following provisions of this section to a demand are

to be taken as being (as the case may require) to—

(a)   

the demand in so far as it relates to any amount due to the Secretary of

State, or

35

(b)   

the demand in so far as it relates to any amount due to the Scottish

Ministers,

   

and related expressions are to be read accordingly.

(6)   

The Secretary of State or the Scottish Ministers may recover the amount for

which a demand for payment is made under subsection (2) from the person

40

who made the compensation payment.

(7)   

If the person who made the compensation payment resides or carries on

business in England or Wales and a county court so orders, the amount

demanded is recoverable by execution issued from the county court or

otherwise as if it were payable under an order of that court.

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Health and Social Care (Community Health and Standards) Bill
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(8)   

If the person who made the compensation payment resides or carries on

business in Scotland, the demand may be enforced as if it were an extract

registered decree arbitral bearing a warrant for execution issued by the sheriff

court of any sheriffdom in Scotland.

(9)   

A document which states that it is a record of the amount recoverable under

5

subsection (6) is conclusive evidence that the amount is so recoverable if it is

signed by a person authorised to do so by the Secretary of State or the Scottish

Ministers (as the case may be).

(10)   

For the purposes of subsection (9), a document purporting to be signed by a

person authorised to do so by the Secretary of State or the Scottish Ministers (as

10

the case may be) is to be treated as so signed unless the contrary is proved.

Review and appeal

156     

Review of certificates

(1)   

The Secretary of State or the Scottish Ministers must review a certificate issued

by him or them if the certificate relates to a claim made by or on behalf of an

15

injured person—

(a)   

in respect of which, after the certificate is issued, a court in England and

Wales or Scotland orders a reduction of damages in accordance with

section 1 of the Law Reform (Contributory Negligence) Act 1945 (c. 28),

(b)   

in respect of which, after the certificate is issued, a court in Northern

20

Ireland orders a reduction of damages in accordance with section 2 of

the Law Reform (Miscellaneous Provisions) Act (Northern Ireland)

1948 (c. 23),

(c)   

in respect of which, after the certificate is issued, a court in a country

other than England and Wales, Scotland or Northern Ireland orders a

25

reduction of damages under any provision of the law of that country

which appears to the Secretary of State or the Scottish Ministers (as the

case may be) to correspond to section 1 of the Law Reform

(Contributory Negligence) Act 1945,

(d)   

in respect of which, after the certificate is issued, an officer of a court in

30

England and Wales or Northern Ireland enters or seals an agreed

judgement or order which specifies—

(i)   

that the damages are to be reduced to reflect the injured

person’s share in the responsibility for the injury in question,

and

35

(ii)   

the amount or proportion by which they are to be so reduced,

(e)   

in the case of which, after the certificate is issued, the parties to any

resulting action before a court in Scotland execute a joint minute which

specifies—

(i)   

that the action has been settled extra-judicially, and

40

(ii)   

the matters mentioned in paragraph (d)(i) and (ii),

(f)   

in respect of which, after the certificate is issued, a document is made

under any provision of the law of a country other than England and

Wales, Scotland or Northern Ireland—

(i)   

which appears to the Secretary of State to correspond to an

45

agreed judgement or order entered or sealed by an officer of a

court in England and Wales, and

 

 

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(ii)   

which specifies the matters mentioned in paragraph (d)(i) and

(ii), or

(g)   

in the case of which, after the certificate is issued, a document is made

under any provision of the law of a country other than England and

Wales, Scotland or Northern Ireland—

5

(i)   

which appears to the Scottish Ministers to correspond to a joint

minute executed by the parties to a resulting action before a

court in Scotland specifying that the action has been settled

extra-judicially, and

(ii)   

which specifies the matters mentioned in paragraph (d)(i) and

10

(ii),

   

and notification of the order, judgement, minute or document has been given

to the Secretary of State or the Scottish Ministers (as the case may be) in the

prescribed manner.

(2)   

Regulations may make provision as to the circumstances in which the

15

Secretary of State or the Scottish Ministers must review a certificate relating to

a claim which, after the certificate is issued, becomes a qualifying claim (as

defined in section 153(9)).

(3)   

If—

(a)   

the Secretary of State and the Scottish Ministers have issued certificates

20

to a person specifying an amount (or amounts) for which that person is

liable under section 150(2) in respect of the same injured person in

consequence of the same injury, and

(b)   

either the Secretary of State or the Scottish Ministers subsequently

adjusts or adjust the amount (or amounts) specified in the certificate

25

issued by him or them on a review of, or an appeal against, that

certificate,

   

the other must review the certificate issued by him or them (as the case may be)

if he is or they are satisfied that it is necessary or expedient to make

consequential adjustments to that certificate.

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(4)   

The Secretary of State or the Scottish Ministers may review a certificate issued

by him or them—

(a)   

either within the prescribed period or in prescribed cases or

circumstances, and

(b)   

either on application made for the purpose or on his or their initiative.

35

(5)   

On a review under or by virtue of this section, the Secretary of State or the

Scottish Ministers may—

(a)   

confirm the certificate,

(b)   

issue a fresh certificate containing such variations as he considers or

they consider appropriate, or

40

(c)   

revoke the certificate.

(6)   

But the Secretary of State or the Scottish Ministers may not vary a certificate so

as to increase the amount, or the aggregate amount, specified unless it appears

to him or them that the variation is required as a result of his or their having

been supplied with incorrect or insufficient information by the person to

45

whom the certificate is issued.

(7)   

Subsections (5) and (6) of section 152 apply to certificates issued under

subsection (5)(b) above as they apply to certificates issued under section 151.

 

 

 
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