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Thread: Esa/incapacity benefit

  1. #1

    Esa/Incapacity benefit and Criminal Injuries...

    Firstly, i'm new here looking for what i think is complex advice on the off chance anyone knows, please.

    Been claiming IB and DLA after an accident in 1991 at age of 20. Was awarded a Criminal Injuries payment in 1996 at Court. Out of the compensation recieved a payment in the region of £150,000.00 was made to the DWP for 'benefits and future benefits'.

    I don't fully understand what this mean's. Awaiting an appointment at CAB for advice but wondered if someone here knew anything at all...?
    I know that regardless of capital i have i can claim ESA for 12 months. But does this payment i made to DWP cover lifetime award of benefits on a contributary basis...?

    Thanks.
    Last edited by millymolly; 20-03-12 at 16:35.

  2. #2
    Senior Member Stepheninleeds's Avatar
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    I think you need legal advice on this. This is a legal matter, & it will depend on the law at the time of the settlement, & if the agreement takes into account future law changes & benefit changes. Since DLA is ending it could mean that it will not translate to PIP. It could mean it covers DLA & any changes to disabled benefits, etc. As to what basis & conditions are applied, it again depends on the judgment &settlement terms. Your lawyers at the time should be able to advise as they have the details of the case.
    Last edited by Stepheninleeds; 20-03-12 at 17:39.
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  3. #3
    Senior Member beau's Avatar
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    Any benefits paid since the accident are repayable in the event of receiving compensation. Your solicitor should have taken into account the sum of the repayment when costing the compensation that you were claiming.

  4. #4
    Thanks Stephen, just trying to find info from the solicitor. Or trying to find out who the judge was and see if i can get details from the hearing of what was sai.

    Beau - that was alreay done several years ago when compensation was paid so isn't an issue now.

  5. #5
    Senior Member Stepheninleeds's Avatar
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    YW M> All this should be in the files, fully. There will be record held by the courts & by your solicitor, which will give full details.
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  6. #6
    I've found out the solicitor merged with another one several years ago and i was told that the records are destroyed after 10 years, not good.

    I've been looking at the Compensation Recovery Unit, who are a branch of the DWP apparantly, and phoned them today and they have no record of there ever being a payment made and they made some mutterings that anything prior to 2005 wouldn't be on their system anyway. From what it say's on that site we should have paid a maximum of 5 years benefits back, which i've calculated at roughly between 30-40k so there's the mystery of over 100k for 'future' benefits.

    Nightmare of knowing where to start! But have been told to write to someone to see if they can search it out an shed any light.

  7. #7
    Senior Member Stepheninleeds's Avatar
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    Oh, that old. I did not realise. There will be official court records, these are always kept, they have to be. I think you need these records, any proof of payments, or lack of. Someone had access to this money at the time, what happened then, why, who, where, etc? You may wish to consider getting a solicitor independent of this, but have experience in such cases.
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