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Personal Injury compensation and benefits

Minton22

Hi, I was wondering if anybody may be able to advise on the following please?

My partner and I both receive state benefits as i am disabled (my partner is my carer) and have been in receipt of disability benefits for over 20 years.

Last year (Nov 18) we were involved in a road traffic accident that left us both with minor injuries. The occupant of the car that hit us from behind admitted liability.

The defendant insurers have now offered £2800 each to my partner and I solely for pain and suffering. They are paying this directly to us without any requirement for our medical records to be viewed and without the need of a solicitor. The Injuries we sustained were minor and we are not claiming for loss of earnings, only pain and suffering.

The benefits that we were already in receipt of had not been claimed as a result of the accident and were already in payment before hand and have been for at least the last 20 years.

My question is this: will the compensation for pain and suffering affect our benefit payments?

I've tried looking for information about this online but its rather confusing.

Any advice would be most appreciated

Thank you

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Comments

neverendingpain

Hi there

I’m so sorry that you had this extra pain on top of everything.

As far as I’m aware The compensation is not classed as an income therefore it should not affect your benefit payments.

I claimed compensation through a work injury and as a result I couldn’t work so I’m now receiving ESA and PIP.
when I applied for these the first time I was asked about any savings and because it was under I think £16,000 it didn’t affect any benefits.

you could always ask citizens Advice as I’m sure they will know for sure.

Best wishes

Minton22

Thanks @neverendingpain,

Sorry, I wasnt clear in my post:
I meant to ask if anybody has any advice on compensation payments made to those whom are already in receipt of disability benefits and whether the CRU (Compensation recovery unit) will ask the insurers to claim.back any compensation amount to be paid. We were already in receipt if benefits before the accident happened and we have not claimed any other benefit as a result of the accident.

Thanks again

Joanne_Alumni

Hi @minton22,

I don't think that you need to worry about the Compensation Recovery Unit.
As I understand it they would only look at benefits that are paid as a result of the accident, and this would be recovered from the person/insurer who is liable.
This is explained on the Gov.UK Compensation Recovery Unit website.
Let us know if you have any questions when you have had a look at it.
You probably know that you will need to tell the DWP if you get a lump sum and your benefits may be affected if you go over £6000.