Social Welfare Consolidation Act 2005 section 343W

More than one compensator making compensation payment

Section 343W deals with situations where more than one compensator is liable to make compensation payments in respect of the same personal injury, establishing that they are jointly and severally liable to refund recoverable benefits to the Minister.

• Where two or more compensators are liable under the recovery of benefits provisions for the same personal injury, they share responsibility for repaying recoverable benefits to the Minister.
• The liability is joint and several, meaning the Minister can pursue any one compensator for the full amount, or all of them together.
• Part III of the Civil Liability Act 1961, which governs how liability is shared among concurrent wrongdoers, applies to this shared liability with any necessary modifications.
• This ensures the Minister can recover the full amount of benefits paid out, regardless of how the compensators apportion liability among themselves.