COMP 11
Payment of compensation
COMP 11.1
Application and Purpose
- 01/12/2004
Application
COMP 11.1.1
See Notes
This chapter applies to the FSCS.
- 01/04/2013
COMP 11.1.2
See Notes
It is also relevant to claimants.
- 01/04/2013
Purpose
COMP 11.1.3
See Notes
- 01/04/2013
COMP 11.2
Payment
- 01/12/2004
To whom must payment be made?
COMP 11.2.1B
See Notes
If the FSCS determines that compensation is payable (or any recovery or other amount is payable by the FSCS to the claimant), it must pay it to the claimant, or as directed by the claimant, unless:
(1) arrangements have or are being made to secure continuity of insurance under COMP 3.3.1 R to COMP 3.3.2E R or the FSCS is taking measures it considers appropriate to safeguard eligible claimants under COMP 3.3.3 R to COMP 3.3.6 R; or
(2) COMP 11.2.3 R applies.
- 01/04/2013
COMP 11.2.3
See Notes
Where an eligible claimant has a claim under a protected contract of insurance against a relevant person that is in administration, provisional liquidation, or liquidation, the FSCS may:
(1) make payments to or on behalf of eligible claimants on such terms (including any terms requiring repayment in whole or in part) and on such conditions as it thinks fit (subject to COMP 10); or
(2) secure that payments (subject to COMP 10) are made to or on behalf of any such eligible claimants by the liquidator, administrator or provisional liquidator by giving him an indemnity covering any such payments or any class or description of such payments.
- 01/04/2013
Form and method of paying compensation
COMP 11.2.3A
See Notes
The FSCS may pay compensation in any form and by any method (or any combination of them) that it determines is appropriate including, without limitation:
(1) by paying the compensation (on such terms as the FSCS considers appropriate) to an authorised person with permission to accept deposits which agrees to become liable to the claimant in a like sum;
(2) by paying compensation directly into an existing deposit account of (or for the benefit of) the claimant, or as otherwise identified by (or on behalf of) the claimant, with an authorised person (but before doing so the FSCS must take such steps as it considers appropriate to verify the existence of such an account and to give notice to the claimant of its intention to exercise this power);
(3) (where two or more persons have a joint beneficial claim) by accepting communications from and/or paying compensation to any one of those persons where this is in accordance with the terms and conditions for communications and withdrawals of the protected deposit; and/or
(4) by paying compensation to a firm, which makes a claim on behalf of its clients, if the FSCS is satisfied that:
(b) each client has a claim against the relevant person in default arising out of a shortfall in client money held by the relevant person in default;
(c) the clients in respect of which compensation is to be paid satisfy the conditions set out in COMP 3.2.2 R (1); and
- 01/04/2013
Reduced or interim payments
COMP 11.2.4
See Notes
If the FSCS is satisfied that in principle compensation is payable in connection with any protected claim, but considers that immediate payment in full would not be prudent because of uncertainty as to the amount of the claimant's overall claim, it may decide to pay an appropriate lesser sum in final settlement, or to make payment on account.
- 01/04/2013
COMP 11.2.5
See Notes
- 01/04/2013
COMP 11.2.6
See Notes
The FSCS may not pay a lesser sum in final settlement under COMP 11.2.4 R and COMP 11.2.5 R where the claim is a DGD claim or ICD claim.
- 01/04/2013
COMP 11.2.6A
See Notes
COMP 11.2.4 R applies to compensation payable in connection with any protected claim. It would, for example, apply to the situation where the FSCS considers it imprudent to make a payment in full because of uncertainty as to the value a court might attribute to a bonus provided for under a long-term insurance contract. In such circumstances the FSCS may make payment of compensation on account to the policyholder in respect of benefits under the contract the value of which is not uncertain.
- 01/04/2013
Paying interest on compensation
COMP 11.2.7
See Notes
The FSCS may pay interest on the compensation sum in such circumstances as it considers appropriate.
- 01/04/2013
COMP 11.2.8
See Notes
Interest under COMP 11.2.7 R is not to be taken into account when applying the limits on the compensation sum payable in respect of a claim under COMP 10.
- 01/04/2013
Paying full compensation in return for rights
COMP 11.2.9
See Notes
Where the FSCS considers that the conditions in COMP 11.2.4R are satisfied but, in relation to a class of claim, in order to provide fair compensation for the generality of such claims it would be appropriate to take the approach in (1) and (2) rather than pay an appropriate lesser sum in final settlement or make a payment on account, it may for that class of claim:
(1) receive whether by assignment, transfer or operation of law the whole or any part of a claimant's rights against the relevant person, or against any third party, or both on such terms as the FSCS thinks fit; and
(2) disregard the value of the rights so received in determining the claimant's overall claim.
- 01/04/2013
COMP 11.2.10
See Notes
Factors that the FSCS may take into account when considering taking the approach in COMP 11.2.9R (1) and COMP 11.2.9R (2) include whether the amount of claimants' overall claims are likely to be assessed within a reasonable time frame, the circumstances of the claimants, the circumstances of the claims and the nature of the products to which the claims relate.
- 01/04/2013