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TOPIC: Can you claim DLA whilst awaiting RTA Compensation

Can you claim DLA whilst awaiting RTA Compensation 7 years 11 months ago #65556

  • ladymadonna
Hi all

I am awaiting a very complex Road Traffic Accident compensation claim. I was in receipt of DLA for 3 months prior to the accident and am about to renew my claim.

However next year I will be awarded substantial compensation for the injuries I received in the RTA. Will I still qualify for DLA payments if I receive the compensation?

Thank You.

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Re:Can you claim DLA whilst awaiting RTA Compensation 7 years 11 months ago #65557

  • bro58
ladymadonna wrote:

Hi all

I am awaiting a very complex Road Traffic Accident compensation claim. I was in receipt of DLA for 3 months prior to the accident and am about to renew my claim.

However next year I will be awarded substantial compensation for the injuries I received in the RTA. Will I still qualify for DLA payments if I receive the compensation?

Thank You.


Hi LM,

As you were receiving the DLA before the accident, I would assume it was awarded due to your limitations and needs resulting from conditions completely unrelated to your accident.

In that case the DWP CRU (Compensation Recovery Unit) can not claw back any of your DLA.

CRU can only claw back benefits paid for limitation caused by your accident. ( You can't receive compensation, benefit, for the same thing twice), maximum of 5 years.

Your solicitor should advise you re this, on settlement of the claim.

Be aware though, check any CRU claims, as they have been known to try and claw back benefits that are not relevant.

You should also enquire with your solicitor re the setting up of a Personal Injury Trust, this can offer you protection of any entitlement to means tested benefits, or care that you may need in the future, your solicitor should be able to set the trust up for you, and advise re setting up a trust bank account.

cheers

bro58

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Last edit: by bro58. Reason: Extra info

Re:Can you claim DLA whilst awaiting RTA Compensation 7 years 11 months ago #65558

Hi,

If you are awarded compensation for an RTA whilst in receipt of DLA, the DWP's Compensation Recovery Unit (CRU) may 'claw back' some of the DLA you received and any other DWP benefits received as a result of your accident.

We are not solicitors, and as you say it was a very complex RTA, my advice would be to speak to your solicitor who handled your compensation claim and ask him to deal with this, since they regularly handle CRU

More about this at Compensation Recovery

Hope this helps.

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:Can you claim DLA whilst awaiting RTA Compensation 7 years 11 months ago #65561

  • bro58
HI LM,

As Jim and I have stated any DLA or other benefits awarded due to limitations resulting from your accident are recoverable by the DWP CRU.

Therefore, it may become complicated if you renew your claim for DLA, in seperating DLA awarded for pre accident limitations, and resulting added limitations post accident.

I have personal experience of this issue, so I'd definately advise you to get your solicitor to go through any CRU claims with a fine tooth comb.

cheers

bro58

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