Cap. 318 ст. 103Recovery of benefits in respect of injury caused by wilful act or negligence. Re-numbered by: XXIV. 1993.2.

(1) The Director shall have the right to claim by civil action the amount of any benefit paid or payable under this Act -

(a) from any person, other than the beneficiary, where an injury in respect of which benefit is paid or payable was caused by wilful act or the negligence of such person or of any other person for whom under the Civil

Code the first mentioned person is responsible;

(b) without prejudice to the generality of paragraph (a) above, from any employer, where the injury was caused on account of or through the non-compliance by himself, or by any other person for whom under the Civil Code he is responsible, with any obligations imposed by the Health and Safety at Work Act, or by any regulations made thereunder.

(2) Nothing in this article shall prejudicially affect any right to compensation or damages which the injured person or those claiming under him may have under the provisions of the Civil Code against the person through whose wilful act or negligence the injury was caused; but in assessing the amount of such compensation or damages the court shall take into account the amount of benefit recovered by the Director as provided in sub-article (1).

(3) Any amount recovered under this article or under the last preceding article shall be carried to the credit of the Consolidated Fund.