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