Criminal Injuries

Lucas777 · 3 February 2013 at 8:33AM

Hi,

I was assaulted at knife-point a few years ago and am currently ongoing in a Criminal Injuries Compensation Claim. The part of the claim I am most specifically interested in is past loss and future loss with regards what will the Criminal Injuries Compensation Authority (CICA) deduct my claim for benefits I have received.

I have seen the DWP website which shows each benefit that they can reclaim from the Claims Recovery Unit (CRU) which claims that my award for loss of earnings cannot be deducted for certain benefits but trawling through many web pages I cannot find it confirmed from the CICA.

So my question is, which social security benefits that i have received, which include Mortgage Interest Help, Employment Support Allowance, Council Tax Benefit, Industrial Injuries Benefit, Disability Living Allowance and Carer's Allowance will actually be deducted from my loss of earnings (both past and future).

Or would I be right in deducing that they can only handle loss of earnings as a head of claim therefore things like Disability Living Allowance and Council Tax Benefit will not affect the amount awarded?

Any help will be greatly appreciated, thank you.

benefitbaby · 3 February 2013 at 11:44AM

The relevant section in the legislation is paragraph 45:
45. All awards payable under this Scheme, except those payable under paragraphs 25, 27, 39 and 42(a) (Tariff-based amounts of compensation), will be subject to a reduction to take account of social security benefits or insurance payments made by way of compensation for the same contingency. The reduction will be applied to those categories or periods of loss or need for which additional or supplementary compensation is payable, including compensation calculated on the basis of a multiplicand or annual cost. The amount of the reduction will be the full value of any relevant payment which the applicant has received, or to which he has any present or future entitlement, by way of: [FONT=Times New Roman,Times][FONT=Times New Roman,Times][/FONT][/FONT]
(a) United Kingdom social security benefits;

(b) social security benefits or similar payments from the funds of other countries;

(c) payments under insurance arrangements, including, where a claim is made under paragraphs 35(c) and (d) and 36 (special expenses), insurance personally effected, paid for and maintained by the personal income of the victim or, in the case of a person under 18 years of age, by his parent. Insurance so personally effected will otherwise be disregarded.

In assessing the value of any such benefits and payments, account may be taken of any income tax liability likely to reduce their value.

For full document: http://www.justice.gov.uk/downloads/victims-and-witnesses/cic-a/-information-if-you-applied-before-3-november-2008/Criminal-Injuries-Compensation-Scheme-2008.pdf

pmlindyloo · 3 February 2013 at 12:32PM

My understanding is that any social security payments that have been made as a result of the 'injury' will be deducted before you are awarded your compensation. This is done automatically by your solicitor.

As regards future benefit payments then the amount of compensation awarded would mean that eligibility to all means tested benefits would be affected by the amount of compensation awarded as this would be counted as capital.

DLA would continued to be paid as this is not means tested.

Any compensation sum awarded would not be counted as capital if it was held 'in trust' or by the Court of Protection.

Forgive me if this is not what you wanted to know.

If I have got 'the wrong end of the stick' then I would have thought that more detailed/complex questions should be put to your solicitor.

satarical · 3 February 2013 at 12:51PM

pmlindyloo wrote: »

My understanding is that any social security payments that have been made as a result of the 'injury' will be deducted before you are awarded your compensation. This is done automatically by your solicitor.

As regards future benefit payments then the amount of compensation awarded would mean that eligibility to all means tested benefits would be affected by the amount of compensation awarded as this would be counted as capital.

DLA would continued to be paid as this is not means tested.

Any compensation sum awarded would not be counted as capital if it was held 'in trust' or by the Court of Protection.

Forgive me if this is not what you wanted to know.

If I have got 'the wrong end of the stick' then I would have thought that more detailed/complex questions should be put to your solicitor.

In my case (1998) they deducted what I had received and was likely to receive in the future.
This left me with £254,889 in respect of an assault.

Instead of leaving the money in a trust, I bought a house (£350,000) with it plus a mortgage of £100,000 instead which left me with a few £1000 to keep us below the savings threshold. The house is in trust to my two children (50/50 when we are both gone).

I am entitled to means tested benefits as well as SMI - they can't treat it as capital.

Lucas777 · 3 February 2013 at 12:54PM

Thanks for your swift replies and Benefitbaby you've narrowed it down to the right paragraph indeed but it seems slightly vague to me. Most specifically the section:

"45. All awards payable under this Scheme, except those payable under paragraphs 25, 27, 39 and 42(a) (Tariff-based amounts of compensation), will be subject to a reduction to take account of social security benefits or insurance payments made by way of compensation for the same contingency."

On a DWP site dwp.gov.uk/docs/gl27-print-version.pdf (need to insert www. as I can't post links) It suggests that benefits for loss of earnings are quite specific. Therefore my interest is if my loss of earnings claim can be reduced for things like Council Tax Benefit, Disability Living Allowance (which is listed under a benefit for care and not earnings on that page). It will make quite a difference in the value of my claim, the reason I haven't consulted my solicitor about this is that they seem pretty incompetent. Moving solicitors wouldn't work either as this claim has been ongoing for 4 years now and I have a set fee with them, if I tried to move I'm sure they'd generate a huge bill which I couldn't afford to pay, therefore they could keep hold of my documents until I settled the bill, a bit catch 22 on that one.

Lucas777 · 3 February 2013 at 12:59PM

Thanks satarical and pmlindyloo, I do understand the points you're raising and unfortunately this is directed at most specifically which benefits the CICA will be able to deduct from the loss of earnings claim only. Not what what benefits will be effected when I receive payment. It seems wrong that in Civil cases only benefits you've received to help with earnings can be deducted from loss of earnings claims yet in CICA claims they can roll all benefits into one and deduct them all no matter what they're given for, hope this clarifies were I'm coming from and sorry if I'm not being totally clear but it's slightly hard to express.

pmlindyloo · 3 February 2013 at 1:03PM

satarical wrote: »

In my case (1998) they deducted what I had received and was likely to receive in the future.
This left me with £254,889 in respect of an assault.

Instead of leaving the money in a trust, I bought a house (£350,000) with it plus a mortgage of £100,000 instead which left me with a few £1000 to keep us below the savings threshold. The house is in trust to my two children (50/50 when we are both gone).

I am entitled to means tested benefits as well as SMI - they can't treat it as capital.

Mmmmm

I notice this was in 1998 - not sure if this makes any difference. According to current rules compensation payments are counted as capital unless in trust.

Compensation payments [HB Sch 6.14, 45 & 46, HB(SPC) Sch 6.17; CTB Sch 5. 14, 46 & 47, CTB(SPC) Sch 4.17]
For HB/CTB purposes, compensation payments will normally be counted in full as capital. Capital will not be counted if it is held in trust or by the ‘Court of Protection’ as a result of a personal injury payment – for example, a criminal injury payment or a vaccine damage payment.

Also, I am not sure about the deprivation of assets question and why they weren't applied in your case.

Perhaps others can comment on current rules and regulations.

pmlindyloo · 3 February 2013 at 1:22PM

Lucas777 wrote: »

Thanks satarical and pmlindyloo, I do understand the points you're raising and unfortunately this is directed at most specifically which benefits the CICA will be able to deduct from the loss of earnings claim only. Not what what benefits will be effected when I receive payment. It seems wrong that in Civil cases only benefits you've received to help with earnings can be deducted from loss of earnings claims yet in CICA claims they can roll all benefits into one and deduct them all no matter what they're given for, hope this clarifies were I'm coming from and sorry if I'm not being totally clear but it's slightly hard to express.

It may help if you can give further examples.

As regards the loss of earnings do you mean will they deduct the benefits you would have been entitled to anyway if you hadn't been a victim of a criminal offence?

Lucas777 · 3 February 2013 at 1:33PM

pmlindyloo wrote: »

It may help if you can give further examples.

As regards the loss of earnings do you mean will they deduct the benefits you would have been entitled to anyway if you hadn't been a victim of a criminal offence?

No and for clarity I was receiving no benefits before the assault and all benefits I receive are directly related to the assault itself. Basically what benefits do Criminal Injury Compensation claims deduct from purely the loss of earnings part of the awards.

I know for sure these following will be:

• Disability Working Allowance
• Employment and Support Allowance
• Incapacity Benefit
• Income Support
• Industrial Injuries Disablement Benefit
• 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.

As you can see these are all income related benefits, the ones I am unsure on are Council Tax Benefit, Disability Living Allowance, Support for Mortgage Interest and Carer's Allowance (99% sure this one wont be as it's given to my partner).

My interpretation of it is that Disability Living Allowance and Carer's Allowance can only be deducted from an award for care, rather than loss of earnings and Council Tax Benefit is a completely unknown to me. Again apologies this isn't clear but it will make quite a difference to me if I could find a clear answer to this, thanks in advance.

pmlindyloo · 3 February 2013 at 2:54PM

Since you say your solicitor is unhelpful then I suggest that you contact the Compensation Recovery Unit and ask your questions.

A link here:

http://www.dwp.gov.uk/other-specialists/compensation-recovery-unit/contact-details/

Looking at all the different areas I would go for the 'Policy' contact details.

Please let us know how you get on as it might be useful for others.

Criminal Injuries

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