9. The Law in Northern Ireland – NHS Charges
9.1 NHS cases involving Northern Ireland
The law on the Health Services charges scheme in Northern Ireland (NI) is contained in:
Part II of the Health and Personal Social Services Act (NI) 2001. This Act equates to the Road Traffic (NHS Charges) Act 1999 and introduced changes in respect of the recovery of Health Services (HS) hospital charges arising from road traffic accidents. The administrative arrangements introduced by the Act apply to all compensation payments made on or after 2 April 2001 irrespective of the incident date. However, the charges vary depending on the incident date.
In line with the GB scheme the NI scheme was expanded on 29th January 2007.
9.2 Injured person resident in Northern Ireland
Where the injured person is a resident of Northern Ireland, for benefit recovery purposes the claim is handled by the Northern Ireland Compensation Recovery Unit. Where treatment has been provided at a hospital in England, Scotland or Wales, the DWP Compensation Recovery Unit (CRU GB) will need to be involved to recover any potential NHS charges. The following procedures are in place:
- on receipt of a CRU1 from the compensator the claim will be taken onto both GB and NI systems, and you will be notified that this has been done.
- the claim will have two reference numbers, one relating to the CRU (GB) and one relating to the CRU (NI).
- the CRU (GB) will issue an NHS Certificate and CRU (NI) will issue the benefits Certificate and HS Certificate.
- you will be liable to repay any NHS charges to CRU (GB) and any benefit recovery and HS charges to CRU (NI).
Where an injured person makes a compensation claim for personal injury and has received hospital treatment in Northern Ireland as well as England, Scotland or Wales, charges will be recoverable under both:
- The Health and Social Care (Community and Standards) Act 2003, and
- The Recovery of Health Service Charges (Northern Ireland) Order 2006
For accidents before 29 January 2007 hospital treatment will only be recoverable under the Great Britain scheme or the Northern Ireland scheme, not both. CRU (GB) could only recover for NHS treatment if the compensation payment was made from a policy issued in accordance with The Road Traffic Act 1988. CRU (NI) could only recover the HS charges if the compensation payment is from a policy issued in accordance with The Road Traffic (Northern Ireland) Order 1981
9.3 Injured person resident in England, Scotland or Wales
Where the injured person is a resident of England, Scotland or Wales for benefit recovery purposes the claim is handled by CRU (GB). Where treatment has been provided at a hospital in Northern Ireland, CRU (NI) may recover the HS charges.
The following procedures are in place:
- on receipt of a CRU1 from the compensator, the claim will be taken onto both systems, (GB and NI) and you will be notified accordingly.
- the claim will have two reference numbers, one relating to CRU (GB) and one relating to CRU (NI).
- CRU (NI) will issue a HS Certificate while CRU (GB) will issue a benefits Certificate and an NHS Certificate
- you will be liable to repay any HS charges to CRU (NI) and any benefits and NHS charges to CRU (GB)
Where an injured person makes a compensation claim and has received treatment as a result of that injury at a hospital in Northern Ireland as well as England, Scotland or Wales, hospital treatment charges will be recoverable under both:
- The Health and Social Care (Community Health and Standards) Act 2003, and
- The Recovery of Health Services Charges (Northern Ireland) Order 2006.
The charges cap is not shared between the two countries and therefore charges would be incurred up to the limit for both of the respective caps.
For accidents before 29 January 2007 any hospital treatment will only be recoverable under the GB scheme or the Northern Ireland scheme, not both. CRU (GB) could only recover for NHS treatment if the compensation payment was made from a policy issued in accordance with The Road Traffic Act 1988. CRU (NI) could only recover the HS charges if the compensation payment is from a policy issued in accordance with The Road Traffic (Northern Ireland) Order 1981.
