hankypanky1 Posted October 14, 2012 Author Share Posted October 14, 2012 OK I currently get DLA mobility. And I'm claiming JSA. I don't want them to deduct my compensation because with regards to my DLA it will say I am disabled so they will prolly make decisions for me, which I don't want. With regards to my JSA, I'm not sure because I want to start private Businesses and would have the financial backing to do it. Should I close both claims and start an Incapacity Benefit. You guys are not listening to what I asked, I want everything, all of it, just for me, nothing deducted because I don't think I'm doing this on No Win No Fee. Link to comment Share on other sites More sharing options...
Moosey Posted October 14, 2012 Share Posted October 14, 2012 OK I currently get DLA mobility. And I'm claiming JSA. I don't want them to deduct my compensation because with regards to my DLA it will say I am disabled so they will prolly make decisions for me, which I don't want. With regards to my JSA, I'm not sure because I want to start private Businesses and would have the financial backing to do it. Should I close both claims and start an Incapacity Benefit. You guys are not listening to what I asked, I want everything, all of it, just for me, nothing deducted because I don't think I'm doing this on No Win No Fee. For the last time, if this is a personal injury claim, and if you have claimed any benefits as a result of those injuries, those benefits will need to be repaid. If you haven't claimed anything as a result of these injuries, nothing will need to be deducted. Posted from Sheffieldforum.co.uk App for Android Link to comment Share on other sites More sharing options...
warrior8 Posted October 14, 2012 Share Posted October 14, 2012 OK I currently get DLA mobility. And I'm claiming JSA. I don't want them to deduct my compensation because with regards to my DLA it will say I am disabled so they will prolly make decisions for me, which I don't want. With regards to my JSA, I'm not sure because I want to start private Businesses and would have the financial backing to do it. Should I close both claims and start an Incapacity Benefit. You guys are not listening to what I asked, I want everything, all of it, just for me, nothing deducted because I don't think I'm doing this on No Win No Fee. How are you 'doing it' then? Link to comment Share on other sites More sharing options...
hankypanky1 Posted October 14, 2012 Author Share Posted October 14, 2012 For the last time, if this is a personal injury claim, and if you have claimed any benefits as a result of those injuries, those benefits will need to be repaid. If you haven't claimed anything as a result of these injuries, nothing will need to be deducted. Posted from Sheffieldforum.co.uk App for Android The person or organisation who pays your compensation can only reduce the compensation you are awarded for loss of past earnings if you have received one of the following benefits to meet the same need: The person or organisation who pays your compensation can only reduce the compensation you are awarded for cost of care in the past if you have received one of the following benefits to meet the same need: So I am asking, because I think I need DLA Care ( I alredy get mobility), how will they deduct compensation), would it be to my benefit or theirs. So how does compensation affect future earnings, and future care?? Link to comment Share on other sites More sharing options...
Moosey Posted October 14, 2012 Share Posted October 14, 2012 The person or organisation who pays your compensation can only reduce the compensation you are awarded for loss of past earnings if you have received one of the following benefits to meet the same need: The person or organisation who pays your compensation can only reduce the compensation you are awarded for cost of care in the past if you have received one of the following benefits to meet the same need: So I am asking, because I think I need DLA Care ( I alredy get mobility), how will they deduct compensation), would it be to my benefit or theirs. So how does compensation affect future earnings, and future care?? Right. 4 questions. 1. Are you earning at the moment? 2. Have your earnings been affected by the accident (have you lost earnings at all solely because of this accident?) 3. What are your injuries? I think dental? 4. Does this mean you can't do any tasks for yourself that you normally would? Please answer those four and I'll be able to help you. Link to comment Share on other sites More sharing options...
Mr Bates Posted October 14, 2012 Share Posted October 14, 2012 It sounds like he's suffered a head injury Posted from Sheffieldforum.co.uk App for Android Link to comment Share on other sites More sharing options...
neeeeeeeeeek Posted October 14, 2012 Share Posted October 14, 2012 So you are well enough to start your own business but depression and anxiety stop you getting a real job? Link to comment Share on other sites More sharing options...
hankypanky1 Posted October 15, 2012 Author Share Posted October 15, 2012 Right. 4 questions. 1. Are you earning at the moment? 2. Have your earnings been affected by the accident (have you lost earnings at all solely because of this accident?) 3. What are your injuries? I think dental? 4. Does this mean you can't do any tasks for yourself that you normally would? Please answer those four and I'll be able to help you. 1. No I'm unfit for work 2. I can't work due to my ccondition 3. Physical and Pshychiatric Injuries, Anxiety disorder and Adjustment disorder 4. I can't do simple things like drive a car Link to comment Share on other sites More sharing options...
Moosey Posted October 15, 2012 Share Posted October 15, 2012 1. No I'm unfit for work 2. I can't work due to my ccondition 3. Physical and Pshychiatric Injuries, Anxiety disorder and Adjustment disorder 4. I can't do simple things like drive a car Thank you. Right, you don't have a loss of earnings claim then, so your JSA is unaffected. If you succeed in your claim, and try to claim care and assistance, which you suggest you will (point 4), then your benefits may be repayable, but only if they have increased/changed as a direct result of this accident. It works like this:- If for example you get - General damages (Pain/suffering/loss of amenity) - £5,000 Special damages (financial losses) - £5,000 Then the general damages are safe entirely. They cannot be touched by benefit deductions. If your special damages include a care claim, say £2,000, and you have received benefits to account for care purely as a result of this accident, then your special damages will be deducted accordingly. If, for example, you have recieved £1,000 of benefits, purely as a result of this accident, and purely in respect of care, then your special damages will be reduced by £1,000. There is no way to avoid that. If your benefits haven't changed, that is, if you had a care based benefit before, and it's stayed the same rate, there will be no deductions. Future losses are not affected as benefit deductions stop at the point when the claim settles. More of a concern for you I suspect is that if you recover more than £6,000 in damages, you will lose eligibility would expect for JSA, as there is a capital limit. There are ways around that, but your lawyer, who is getting paid (not me, on my lunch) can explain that. Link to comment Share on other sites More sharing options...
PK80 Posted October 16, 2012 Share Posted October 16, 2012 I may have misunderstood this whole situation but it all seems quite reasonable and common sense to me: If, because of an injury caused by Company A, i'm entitled to an extra £1000 a year in benefits, then when an insurance company decide to pay me £10,000 as compensation for that injury they will deduct the £1000 and give me £9000. They will have to repay that £1000 to the state as they have had to foot the bill in the short term for the situation Company A have admitted/been found liable for? -PK- Link to comment Share on other sites More sharing options...
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