Can I claim benefits and also claim compensation (CICA) at the same time?

daysaunders87

Hi, 
I got assaulted and 4 of my ligaments are broken and require surgery and will be off work for 12 months at least due to an assault which is under the police and is going to court.
So I was wondering if I can claim benefits because I don't know when I will recieve compensation. Also if I do claim benefits will this affect my compensation claim?

Thanks. 

MinuteNoodles

Claiming benefits won't affect your compensation claim. It is asinine not to claim them when it could be a year or more before receiving any compensation if you get any at all.

From an ambulance chasing website...

If you receive a lump sum compensation benefit, then you need to inform the Compensation Recovery Unit, which is part of the Department for Work and Pensions (DWP) so they can accurately assess your benefits allowance.

The current savings threshold at which means-tested benefits stop is £16,000, but all savings above £6,000 will affect the amount of benefits you can receive. Benefits which may be affected include universal credit, housing benefit, and council tax support. Your compensation payment will not be counted towards your savings threshold for 52 weeks from the date it is paid (even if the first payment is an interim payment), but the way in which you spend it will be examined for “reasonableness” of someone who is in receipt of your type of benefit.  If you invest your payment, you need to declare any interest you earn to the DWP.

daysaunders87

MinuteNoodles said:

Claiming benefits won't affect your compensation claim. It is asinine not to claim them when it could be a year or more before receiving any compensation if you get any at all.

From an ambulance chasing website...

If you receive a lump sum compensation benefit, then you need to inform the Compensation Recovery Unit, which is part of the Department for Work and Pensions (DWP) so they can accurately assess your benefits allowance.

The current savings threshold at which means-tested benefits stop is £16,000, but all savings above £6,000 will affect the amount of benefits you can receive. Benefits which may be affected include universal credit, housing benefit, and council tax support. Your compensation payment will not be counted towards your savings threshold for 52 weeks from the date it is paid (even if the first payment is an interim payment), but the way in which you spend it will be examined for “reasonableness” of someone who is in receipt of your type of benefit.  If you invest your payment, you need to declare any interest you earn to the DWP.

Thank you, that is a great help. I'm going to apply for PIP then because I can't afford to live and wait for the compensation payout. I won't invest the mony as I'm not that type of person to do so. 

calcotti

daysaunders87 said:

MinuteNoodles said:

Claiming benefits won't affect your compensation claim. It is asinine not to claim them when it could be a year or more before receiving any compensation if you get any at all.

From an ambulance chasing website...

If you receive a lump sum compensation benefit, then you need to inform the Compensation Recovery Unit, which is part of the Department for Work and Pensions (DWP) so they can accurately assess your benefits allowance.

The current savings threshold at which means-tested benefits stop is £16,000, but all savings above £6,000 will affect the amount of benefits you can receive. Benefits which may be affected include universal credit, housing benefit, and council tax support. Your compensation payment will not be counted towards your savings threshold for 52 weeks from the date it is paid (even if the first payment is an interim payment), but the way in which you spend it will be examined for “reasonableness” of someone who is in receipt of your type of benefit.  If you invest your payment, you need to declare any interest you earn to the DWP.

Thank you, that is a great help. I'm going to apply for PIP then because I can't afford to live and wait for the compensation payout. I won't invest the mony as I'm not that type of person to do so. 

PIP isn't means tested anyway. Be aware that the claim process is lengthy and even if successful you will not get any money for several months.
You can also look at new style ESA which is not means tested. If you meet the qualifying criteria you will start receiving payments within a few weeks.
For means tested benefits you would be looking at Universal Credit. 
If the compensation award is big enough to make a difference to the claim even if you claim UC you can get a compensation award ignored for more than 52 weeks by placing it in trust. see https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/893700/admh2.pdf paragraph H2028 to H2030.

poppy12345

daysaunders87 said:

MinuteNoodles said:

Claiming benefits won't affect your compensation claim. It is asinine not to claim them when it could be a year or more before receiving any compensation if you get any at all.

From an ambulance chasing website...

If you receive a lump sum compensation benefit, then you need to inform the Compensation Recovery Unit, which is part of the Department for Work and Pensions (DWP) so they can accurately assess your benefits allowance.

The current savings threshold at which means-tested benefits stop is £16,000, but all savings above £6,000 will affect the amount of benefits you can receive. Benefits which may be affected include universal credit, housing benefit, and council tax support. Your compensation payment will not be counted towards your savings threshold for 52 weeks from the date it is paid (even if the first payment is an interim payment), but the way in which you spend it will be examined for “reasonableness” of someone who is in receipt of your type of benefit.  If you invest your payment, you need to declare any interest you earn to the DWP.

Thank you, that is a great help. I'm going to apply for PIP then because I can't afford to live and wait for the compensation payout. I won't invest the mony as I'm not that type of person to do so. 

For PIP you must have had the condition for at least 3 months and expect it to last at least a further 9 months.

https://www.gov.uk/pip/eligibility

This link is long but worth spending some time to have a read through it.

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

TELLIT01

If you are unable to work due to the injuries you need to claim Universal Credit or New Style ESA, depending on your circumstances.

Robbie64

MinuteNoodles said:

Claiming benefits won't affect your compensation claim. It is asinine not to claim them when it could be a year or more before receiving any compensation if you get any at all.

From an ambulance chasing website...

If you receive a lump sum compensation benefit, then you need to inform the Compensation Recovery Unit, which is part of the Department for Work and Pensions (DWP) so they can accurately assess your benefits allowance.

The current savings threshold at which means-tested benefits stop is £16,000, but all savings above £6,000 will affect the amount of benefits you can receive. Benefits which may be affected include universal credit, housing benefit, and council tax support. Your compensation payment will not be counted towards your savings threshold for 52 weeks from the date it is paid (even if the first payment is an interim payment), but the way in which you spend it will be examined for “reasonableness” of someone who is in receipt of your type of benefit.  If you invest your payment, you need to declare any interest you earn to the DWP.

The Compensation Recovery Unit (who are part of the DWP) deal with recovery of benefits for compensation paid for accidents, injuries or diseases and do not deal with criminal injury compensation cases. There is a separate Criminal Injuries Compensation Authority (part of the Ministry Of Justice) who deal with these cases.

https://www.gov.uk/government/organisations/criminal-injuries-compensation-authority