Strictly speaking, this is not a case of subrogation; it is a case of recoupment. It is said to explain the law relating to recoupment and contribution. Sections 16 and 17 concern recoupment of social security benefits. With recoupment, the label advances the band $250,000 as before. This is the situation without recoupment. The Advocate General's Opinion was sympathetic to recoupment argument. This is referred to as "common law recoupment".