Motor Insurance Insolvency Compensation Act 2024
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Reimbursement procedures of Compensation Body | ||
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10. (1) Where— | ||
(a) an injured party has received compensation under section 9 , and | ||
(b) the relevant insurer concerned is an insurer authorised in another Member State, | ||
the Compensation Body shall, as soon as is practicable after paying such compensation, present a claim, to the compensation body (other) of that other Member State, for reimbursement of the amount of compensation that falls within the scope of the MTPL insurance obligation. | ||
(2) (a) Without prejudice to sections 2(6) and 3F of the Act of 1964, where the Compensation Body receives reimbursement referred to in subsection (1), it shall, as soon as is practicable after it receives such reimbursement, transmit the full amount of such reimbursement to the Bank. | ||
(b) The Bank shall pay the amount transmitted to it under paragraph (a) into the Fund and the MIIC Fund in such proportions of that amount as is required by the Act of 1964. | ||
(3) Subsection (4) applies where— | ||
(a) an injured party has received compensation from a compensation body (other), | ||
(b) the relevant insurer concerned is an insurer (domestic) that is— | ||
(i) carrying on motor third party liability insurance in another Member State, and | ||
(ii) the subject of a winding-up decision, | ||
and | ||
(c) the compensation body (other) presents a claim (in this section referred to as the “reimbursement claim”), to the Compensation Body, for reimbursement of the amount (in this section referred to as the “reimbursement amount”) of compensation referred to in paragraph (a) that falls within the scope of the MTPL insurance obligation. | ||
(4) (a) The Compensation Body shall, as soon as is practicable after it receives the reimbursement claim and having regard to the time limits specified in paragraph (b)— | ||
(i) give the Bank notice in writing of the receipt of the claim and, in the notice, request the Bank to transmit to the Compensation Body, out of the Fund, funds sufficient to enable the Compensation Body to pay the reimbursement amount to the compensation body (other) concerned, and | ||
(ii) attach a copy of the reimbursement claim to the notice. | ||
(b) The Compensation Body shall, as soon as is practicable after it receives the reimbursement claim but, in any case, not later than 6 months after it receives the claim or such shorter period (if any) as is agreed in writing between the Compensation Body and the compensation body (other) concerned, pay the reimbursement amount to the compensation body (other). |