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Thread: Reclaiming benefits after accident compensation

  1. #1

    Reclaiming benefits after accident compensation

    Hi
    Im looking for some advice.

    My husband had an accident in December 2009. The accident was at work so he claimed industrial injuries disablement benefit. He was also in receipt of DLA and ESA. The claim is coming to a settlement at last however the medical expert has said my husband would of became disabled anyway but the accident accelerated this by 12 months. The DWP has asked for benefits back for the first 12 months only apart from the IIDB which they want back in full upto settlement date. The ESA doesnt need to be paid back at all as he started getting that after the 12 months.

    Now this is where my query is. As its income based ESA the amount we got for IIDB was deducted from the ESA automatically basically making us no better off by claiming. Now my question is would we be able to claim back the ESA under payment once the IIDB has been paid back as it doesnt seem right that we have lost out.

    many thanks

  2. #2
    Senior Member
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    Mar 2013
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    You should have been given a schedule from the Recovery Unit giving a breakdown of deductions.
    Indeed, IIDB clashes with Compensation for the same injury (unless it's for pain and suffering I believe) so cannot be paid together but ESA is different. Are you sure that you've lost out? There's a lot of maths to this (and you'll need to be a mathematician,lol), but does the compensation make up the difference if you spread it out weekly on top of your ESA after you remove IIDB? Even the DWP can get this wrong, they did on mine.

  3. #3
    Thanks for your reply. Yes we would of lost out as if we hadnt of claimed IIDB then we wouldnt of had that amount deducted from the ESA. They are not claiming back any ESA at all as that was awarded after the 12 month period. If we hadnt of claimed IIDB we wouldnt of had to pay any compensation back at all. We have the schedule and ive advised the solicitor of my findings but she is not sure either wether i can claim back the ESA as we would of been underpaid once the IIDB is paid back.

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