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Re:What happens if... 10 years 3 weeks ago #26348

Hi Martha,

The Compensation Recovery Unit of the DWP is responsible for recovering benefits such as IB, IIDB and DLA where a claimant also makes a successful application for compensation from an employer, or other third party.

The reason for this that it's not possible for compensation to be paid twice for the same disability or accident.

See Compensation Recovery Unit-DWP

However, to use my self as an example, I had an accident in a swimming pool last year and was subsequently awarded compensation.

However, no compensation could be recovered, as I was already in receipt of DLA prior to my accident. If that had not been the case, it would have been clawed back, although normally any settlement figure made by an Insurance Company should include any monies which may be recovered by the CRU.

HTH.

Jim

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PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:What happens if... 10 years 3 weeks ago #26349

  • martha
Thank you Jim for your explaination.
I wish i had this site to enlighten me all those years ago. I had no idea dla or IB was classed as 'compensation'for my disability- certainly didnt feel like it at the time.(ha) Guess i had a rubbish insurance comp.
Anyway, as interesting as it is ,maybe a new debate topic, i feel i have taken the subject away from this persons initial thread..sorry

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Re:What happens if... 10 years 2 weeks ago #26381

  • millymoo
Hi all

I also had an accident in 2008 and i have a claim for compensation in process. My solicitor has told me that i will be liable for paying back ESA but as far as DLA is concerned i was already in receipt of this prior to my accident so wont be affected.

It really makes me cross because prior to my accident i was just managing to work although i admit it was very hard and my life consisted of work and sleep. So because of this accident i lost my job due to me being absent, so lets hope i am compensated for this!!! I have my doubts!!!

Mm

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Re:What happens if... 10 years 2 weeks ago #26383

Hi Martha, It used to be that you paid back benefit but only up to a 5 year limit.(that was the case with me in 1997). So going of your figures using the 5 year limit and you paid back £98,000. I roughly worked this out at £19,600 pa, and £376.92 per week. I dont want to pry into your personal business but do these figures equate to what you actually were receiving. Best Wishes

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Re:What happens if... 10 years 2 weeks ago #26407

  • martha
oh, Jeff i have no idea anymore!! That sounds a lot of money..i think i was poorer..It was a period from my life that i have tried to blot out due to the relentless stress it caused me and my family. i was continually in and out of hospital in london, a long way from my home, many operations, losing my job,home and daughter. fighting for everything (when too sick to think let alone function) with solicitors and insurance companies secretly filming me for three years,limping to physio every day, a brief mention in the sun newspaper for returning to work and still claiming benefit (permitted work perfectly legal)and on and on it went..kicking me when i was down.. so to try and answer your question i was on IS, IB,HB,mortgage interest DLA, single parent.. i dont know the figures anymore, i went back to work asap to escape the benefit system i paid back what THEY SAID i had, without question and closed the door. Worn out. I now only claim dla , which was stopped last month! So am back fighting again..

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Re:What happens if... 10 years 2 weeks ago #26412

Hi Martha, It sounds like you have been put through the mill sorry if i raked some of it up. It is i am not 100% sure if that 5 year limit still stands or whether it has changed. Best Wishes

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