compensation and benefits

Ethelman

Someone I know has various benefits like attendance allowance, housing benefit (I don't know exactly what). He is elderly but is claiming compensation for an industrial injury that disabled him. If he wins his case, it seems he may get nothing, from a reading the law, but instead the cash he gets goes to the DWP.

Does anyone know whether this is true, please?

Thanks

Caz3121

His payment should be made up of compensation for him plus the repayment figure...has he got legal representation to make sure this is included?
http://dwp.gov.uk/publications/specialist-guides/technical-guidance/gl27-compensation-social-security/if-you-are-awarded/

salau2

If he is claiming for an industrial injury has he considered Industrial Injuries Disablement Benefit? The reduction in benefit for a compensation claim relates to one particular question – is the person receiving benefit because of the illness/disability for which they are claiming compensation? If so then compensation may be recovered to pay for the social security benefits they have had. For example, a person is injured in an accident which results in being unable to work and they claim ESA. They were already claiming Lower Rate Care DLA before the accident for needing some help with personal care. The decision maker may reduce the compensation award to recovery for loss of earnings – the ESA. However, no recovery is made for the Lower Rate Care DLA claim as this was not related to the compensation claim (pre-existing award). It can be a complex area so worth visiting CAB once a decision has been made. One month to appeal deicison.

Ethelman

Caz3121 wrote: »

His payment should be made up of compensation for him plus the repayment figure...has he got legal representation to make sure this is included?
http://dwp.gov.uk/publications/specialist-guides/technical-guidance/gl27-compensation-social-security/if-you-are-awarded/

Yes -he does have representation. And he has asbestosis- which is what he is claiming compensation for.
Close reading of the law seems to indicate this is not regarded as "dust related"-god help the lawyers....