THE COMPENSATION RECOVERY UNIT, LISTED AND UNLISTED BENEFITS
I gave a webinar earlier today in relation to deductions from damages. One of the issues considered was the problems caused by Universal Credit. There is an important distinction, in law, between “listed” benefits – which are subject to CRU recoupment, but which cannot be deducted from damages after five years, or when CRU is paid and “unlisted benefits”. Unlisted benefits are not subject to CRU, but have to be set off against past and future losses. I was asked for a list of unlisted benefits. That is state benefits which are not subject to CRU. It is difficult to find an up to date list of such benefits.
It is simpler to list those benefits that are listed. If a benefit falls outside this it is, by definition, not a listed benefit.
(The webinar is available “on demand” until 10th December 2022, details are available here).
LISTED BENEFITS
This list is taken from Recovery of benefits and lump sum payments and NHS charges: technical guidance
“4.2 Listed benefits recoverable under the 1997 Act
Compensation in respect of loss of earnings during the relevant period may be reduced where the following benefits have been paid to meet the same need:
- Disablement Pension payable under section 103 of the 1992 Act (also known as Industrial Injuries Disablement Benefit)
- Employment and Support Allowance
- Incapacity Benefit
- Income Support
- Invalidity Pension
- Invalidity Allowance
- Jobseeker’s Allowance
- Reduced Earnings Allowance
- Severe Disablement Allowance
- Sickness Benefit
- Statutory Sick Pay paid before 6 April 1994
- Unemployability Supplement
- Unemployment Benefit
- Universal Credit
Compensation in respect of cost of care may be reduced where the following benefits have been paid during the relevant period:
- Attendance Allowance
- care component of Disability Living Allowance (DLA Care)
- Disablement Pension increase for Constant Attendance Allowance
- Exceptionally Severe Disablement Allowance
- living component of Personal Independence Payment (PIP L)
Nursing care and attendance (including holiday or respite care) and the inability to cook may fall within Schedule 2.
Compensation in respect of loss of mobility may be reduced where the following benefits have been paid during the relevant period:
- Mobility Allowance
- mobility component of Disability Living Allowance (DLA mobility)
- mobility component of Personal Independence Payment (PIP M)
Travel to hospital for treatment and additional costs of travel that may fall within Schedule 2 include:
- vehicle costs
- powered wheelchair costs
- costs of adaptations to transport
- taxi and bus fares (where paid as a result of accident, injury or disease)
- increased cost of a car
- additional costs incurred for holiday travel
Payment into court forms require the compensator to list the benefits which have been offset against the above heads of compensation.”