× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Universal credit administration  →  Thread

How are damages awarded under the Human Rights Act treated for Universal Credit?

Wendy Stanyon
forum member

Coventry Law Centre

Send message

Total Posts: 6

Joined: 15 July 2010

We are considering a claim for a client for damages under the Human Rights Act but aren’t sure how this may impact, if successful, on her current UC claim? Can’t see anything about whether this would be treated as capital as isn’t covered in the exceptions. I wondered if anyone has had experience of this and could share? Thanks!

Elliot Kent
forum member

Shelter

Send message

Total Posts: 3148

Joined: 14 July 2014

The main disregard is for “personal injury” damages dealt with in certain ways. It could be argued that certain kinds of human rights act claims generate “personal injury” damages - e.g. in a claim founded on psychological distress as a result of an A3 or A5 breach. It depends on the case. There isn’t a broader disregard for HRA damages per se.

Wendy Stanyon
forum member

Coventry Law Centre

Send message

Total Posts: 6

Joined: 15 July 2010

Hi Elliot

Thank you for your response - yes that was our reading of it too - we will be considering what the best way forward is -and will post outcome!