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Forum Home  →  Discussion  →  Other areas of social welfare law  →  Thread

Compensation recovery

HarlowAC
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Harlow Advice Centre

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Total Posts: 184

Joined: 1 March 2019

Hi All

Hoping for some confirmation.
Client has accident at work and received PI award. Hadn’t claimed any benefits in respect of the accident so no compensation recovery.
Has a potential entitlement to IIDB.
Am I right in assuming that the relevant period for which benefits can be recovered ends with the payment of the PI award and, as such, any benefit claimed after the PI award is made are safe?

Peter Donohue
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Salford Welfare Rights

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Total Posts: 57

Joined: 11 November 2020

in essence, yes…......from gov.uk -

“the compensator has to pay back to the DWP the amount of social security benefit or lump sum payment you have received as a result of your accident, injury or disease.

If you have had an accident, the amount they have to pay equals the total amount of benefit you are paid from the day after the accident or injury up to the date of the final compensation payment or for up to 5 years – whichever is earlier.

If you have claimed benefit because of a disease, the amount the compensator has to pay is worked out from the day you first claimed a benefit because of the disease up to the date of the final compensation payment or for up to 5 years – whichever is earlier.

If you have claimed a lump sum payment because of a dust related disease, the amount they have to pay is the equivalent to the total amount of the lump sum or the gross amount of the compensation award, which ever is the least.”

HarlowAC
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Harlow Advice Centre

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Total Posts: 184

Joined: 1 March 2019

Perfect, thanks Peter.