10. Complex cases
10.1 Multiple Compensation Payments
When a compensator makes a compensation payment he will be liable to repay any NHS charges incurred up to the date of that payment. If the compensator makes any further payments, or an agreement that a previous payment was in final settlement of the claim provided it was on or after 5 April 1999, they will be liable to repay any further NHS charges, which have not already been repaid.
However, after making any further payment, or an agreement that a previous payment was in final settlement of the claim, the compensator:
- Will be liable to repay any further NHS charges in the relevant period; and
- Should apply for a fresh Certificate of NHS charges. This Certificate will show details of all NHS charges and the balance to be paid by the compensator.
10.2 Structured Settlements
Further information on this heading may be found in Part 1 Para 4.3.
10.3 Payments into Court (England and Wales)
Where compensation is paid into court the compensator remains liable to repay any NHS charges to the DWP.
Where a payment into court is made, the making of the payment is treated as a compensation payment,
- the day the payment into court is made – but only where the payment in is accepted within 21 days after the injured person is notified that the payment in has been made; or
- If accepted outside of the 21 days, the date on which application to the court for payment out is made.
- In cases where the payment is made in accordance with an order of the court, the date of that order; or
- the date that the payment in is accepted by consent between the parties.
The compensator must apply for a Certificate of NHS charges not later than 14 days after he is notified that the payment into court has been accepted.
The settlement date means the date on which the person making the payment into court is notified that it has been accepted.
10.4 Fatal Accidents & The Fatal Accidents Act 1976
10.4.1 Incidents occuring prior to 29 January 2007
Where a compensation payment is made in accordance with the Fatal Accidents Act 1976 the compensator is liable to repay any NHS charges due as a result of the road traffic accident.
NHS charges will not be levied when the victim is certified as dead on arrival at a NHS hospital.
Any payment in consequence of an action under the Fatal Accidents Act 1976 is exempt from benefit recovery action. However, if any of the action is being brought under the Law Reform (Miscellaneous Provisions) Act 1934, a CRU1 needs to be completed.
10.4.2 Incidents occuring on or after 29 Januay 2007
Where a compensation payment is made is for an accident, incident or injury, which occurred on or after 29 January 2007, NHS charges will not be recoverable for fatal accidents.