hankypanky1 Posted October 13, 2012 Share Posted October 13, 2012 what if i stop claiming benefits before i start my lawsuit? Do I have to pay back the benefits from my compensation? if im on benefits while i start my lawsuit. the compensation awarded will be cut from the benefits... what if im not on benefits when i start my lawsuit. what happens to the compensation? I don't want my compensation to be deducted because of benefits. So should I close my benefits before I start my lawsuit because after my compensation my circumstances would've changed. Link to comment Share on other sites More sharing options...
Moosey Posted October 13, 2012 Share Posted October 13, 2012 Your benefits are only deducted if they relate to a loss incurred as a result of the accident. For example, if you lose earnings, and claim an income based benefit, then it'll be deducted. If you were on jobseekers before, and you're not (obviously) claiming lost earnings, then nothing will be deducted. Your damages for injuries aren't affected by repayable benefits as they're ringfenced. Link to comment Share on other sites More sharing options...
ECCOnoob Posted October 13, 2012 Share Posted October 13, 2012 what if i stop claiming benefits before i start my lawsuit? Do I have to pay back the benefits from my compensation? if im on benefits while i start my lawsuit. the compensation awarded will be cut from the benefits... what if im not on benefits when i start my lawsuit. what happens to the compensation? I don't want my compensation to be deducted because of benefits. So should I close my benefits before I start my lawsuit because after my compensation my circumstances would've changed. If you are on benefits for a genuine reason and not a fraudster what exactly do you propose to live off whilst your compensation claim is going through? I assume of course that the whole reason you receive benefits is because you are on a low or no income and need the money to live on. Secondly, as others have said not all benefits are affected by CRU deductions. Thirdly, what makes you certain that your claim would succeed. I am assuming this is personal injury, claims can take years to be brought to a conclusion, settlement (if successful) can be anything up to 12-18 months if you are lucky enough to get liability admited. If liability is denied well it could be anything betwen 18 months - 3 years before monies are even talked about. If you are serious and not some saturday evening timewaster, I really suggest you really think carefully. What exactly are you trying to achieve by trying to avoid a CRU deduction of your compensation. Link to comment Share on other sites More sharing options...
hankypanky1 Posted October 13, 2012 Author Share Posted October 13, 2012 If I do win my claim I would like to receive all compensation. Would any of that get deducted and paid to benefits thing because my circumstances would've changed? Link to comment Share on other sites More sharing options...
Moosey Posted October 13, 2012 Share Posted October 13, 2012 It's very difficult to say. See what I said above. If you've had benefits because of the injuries suffered, and your claim included financial losses relating to the same losses, then they're repayable. Stopping the benefits claim before you make your PI claim makes no difference. If you want to know, tell me what benefits you currently get, and I can give you a better reply. Link to comment Share on other sites More sharing options...
hankypanky1 Posted October 13, 2012 Author Share Posted October 13, 2012 I get JSA but have been told to change to ESA. I also get DLA mobility but my circumstances have changed so I think I may be entitled to more. I suffer from Anxiety and Depression, but I think this was caused by dental extractions which caused dental nerve injury. This got me confused http://personalinjury.ffw.com/pdf/Medical-negligence-Compensation-benefits.pdf Link to comment Share on other sites More sharing options...
neeeeeeeeeek Posted October 13, 2012 Share Posted October 13, 2012 Nerve damage is always a risk when you have teeth removed. What makes you think you will get any money? Link to comment Share on other sites More sharing options...
Moosey Posted October 13, 2012 Share Posted October 13, 2012 I get JSA but have been told to change to ESA. I also get DLA mobility but my circumstances have changed so I think I may be entitled to more. I suffer from Anxiety and Depression, but I think this was caused by dental extractions which caused dental nerve injury. This got me confused http://personalinjury.ffw.com/pdf/Medical-negligence-Compensation-benefits.pdf Your JSA is an income benefit, which means, I suspect, you aren't working. That means no loss of earnings claim, so your JSA won't be deducted. Same for ESA. DLA can, dependant on type, be deducted if you make a claim for care and assistance. Basically, if you succeed, your claim will only be deducted if you claim lost earnings or care and assistance. Link to comment Share on other sites More sharing options...
hankypanky1 Posted October 13, 2012 Author Share Posted October 13, 2012 Say I win millions in loss of earnings, how much will JSA deduct from it? Thanks Link to comment Share on other sites More sharing options...
Moosey Posted October 13, 2012 Share Posted October 13, 2012 Say I win millions in loss of earnings, how much will JSA deduct from it? Thanks You won't win millions. You win what you've lost - that's all. It's quite straight forward. If you were working, and as a result of the accident couldn't work, then you can claim back those lost earnings. If you have claimed extra benefits as a result of your injuries, those benefits will be reclaimed by the DWP. If your benefits increased by say £100 a week for 10 weeks as a direct result of the accident, then your damages for lost earnings will be reduced by £1,000. If you've lost millions in lost earnings, you aren't eligible for JSA, unless somehow by working under 16hours a week you earn several hundred thousand pounds a week. Link to comment Share on other sites More sharing options...
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