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Reclaiming benefits after accident compensation
Comments
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Yes thats right but as the ESA is income based for example he was entitled to £100 and the IIDB was £30 they only gave him £70 ESA. If he had of not claimed IIDB he would of got the full £100 ESA. He has to pay back over 3 years of IIDB even though claim is just for 12 months. If we had never of applied for IIDB then we wouldnt have to pay anything back even though our income would of been identical. Sorry if im not explaining in a great way.
figures are just examples0 -
Its just so confusing lolYes thats right but as the ESA is income based for example he was entitled to £100 and the IIDB was £30 they only gave him £70 ESA. If he had of not claimed IIDB he would of got the full £100 ESA. He has to pay back over 3 years of IIDB even though claim is just for 12 months. If we had never of applied for IIDB then we wouldnt have to pay anything back even though our income would of been identical. Sorry if im not explaining in a great way.
figures are just examples
I do see what you mean and it's down to sort out with the solicitor as there should be a "off setting" of benefit entitlement. I suspect it boils down to your circumstances, not being traditional in the sense that its accelerated. But I do understand your frustration. Have you asked them to offset the IIDB against ESA?
Not sure if there is any case law people can advise on to help.
What I mean is they have taken a black and white decision that IIDB wasn't payable after year 1, without putting you in your true positionTomorrow is the most important thing in life0 -
I will see what the solicitor comes up with tomorrow and will mention about offsetting. Thanks so much for your help0
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Would setting up a trust help at all? I just wondered because this is what I intend to do when I receive my damages then I can still claim my benefits.0
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gregrichards wrote: »Would setting up a trust help at all? I just wondered because this is what I intend to do when I receive my damages then I can still claim my benefits.
You will still have to repay any benefits you claimed due to the accident.Be Alert..........Britain needs lerts.0
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