what benafits do i have to pay back with compensation ?

ashsin

Hi im receiving a pay out due to an RTA about 4 years ago, iv been told id have to pay all my benefits back but i was under the impression i would only have to pay income support back. i have been receiving higher rate DLA, both care and mobility,income support, and server disability allowance. so do i have to pay all of them back and after i receive my compensation which benefits am i allowed to stay on ?

Conor_3

You have to pay back all means tested ones so DLA won't need to be repaid however IS will and I don't know about the severe disability allowance. You can still stay on DLA and depending on how much money you have in the bank, IS if its under £16k after repaying the benefits.

SuziQ

Was your award divided in any way? I only ask as there was a post on here recently where only a certain part of the award was classed as aiding repayment of benefits. I will see if I can find it (although I am not very adept at searches!)

SuziQ

Here you go,if you read all the way down there is quite a lot of info on this subject.

http://forums.moneysavingexpert.com/showthread.html?t=956665&highlight=compensation

popsscamp

my younger sister has learning disabilites and hasbeen receving income support and dla at higher rates for approx 15 years. Five years ago she was seriously sexually assaulted at her day care. we are now finally at the stage of compensation as it was never taken to court. It will be over £30,000. Is this going to affect her benefits. I know it may seem like a lot and not to worry about her benefits which were not but worried she will have to pay her benefits back and end up with nothing. thanks for any advice

Mara69

Not sure if she'll have to repay anything but she will certainly lose all her means tested benefits and will be expected to live off her compensation. So she'll lose HB/CTB/IS etc.

xylophone

http://www.dwp.gov.uk/docs/gl27-print-version.pdf
https://forums.moneysavingexpert.com/discussion/3747913 might be of interest

creditcardhelp11

For loss of earnings compensation then Income Support and Severe Disablement Allowance would need to be repaid. For Compensation in respect of cost of care then the Care Component of Disability Living Allowance needs to be repaid. Compensation in respect of loss of mobility then the Mobility Component of Disability Living Allowance needs to be repaid.So it depends what the award is for. Also, the benefit entitlement is taken into consideration, i.e. why was the claimant receiving the benefit. In order for it to be repaid then it must be connected to the compensation award if not it does not have to be paid back. I.e. accident where legs are amputated and subsequent compensation for that accident however, claimant was already receiving HRM for a spinal injury then HRM does not have to be paid back. To my recollection SDA was a benefit that was abolished (for new claims) in 2001. So I guess that your SDA was nothing to do with the accident? What about the DLA and IS? Were you claiming these before the accident?