Health (Repayment Scheme) Act 2006

Settlements.

10.— (1) Subject to subsection (2), the making of an application for a prescribed repayment in respect of a recoverable health charge does not waive any other cause of action the applicant may have in respect of the recoverable health charge.

(2) A person who accepts a prescribed repayment in respect of a recoverable health charge (whether or not the prescribed repayment is for the whole or part of the amount sought in the application concerned) thereby waives—

(a) the person’s right to sue for any part of that recoverable health charge, and

(b) all other causes of action relating to the recoverable health charge.

(3) Where a person has received—

(a) an award from a court, or

(b) a settlement,

in respect of a recoverable health charge (whether or not the award or settlement is for the whole or part of the recoverable health charge), the person shall not be entitled to make an application in respect of any part of that recoverable health charge.

(4) Notwithstanding any period of time specified in rules of court for the payment into court, by way of lodgement, of a sum of money in satisfaction of an application, where the applicant has rejected a prescribed repayment, then the Executive may pay the amount of the prescribed repayment, or such other sum of money as the Executive thinks fit in all the circumstances of the case, into the court concerned in respect of any civil proceedings in which the applicant is a party and which arise out of the same, or substantially the same, acts complained of in the application.