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Personal Injury and benefits
HI
I understand that in a personal injury compensation claim. Certain benefits are off set against compensation as a result of the injury.
ESA is off set against. Loss of income
PIP is set off against. Loss of care
What is PIP mobility set off against from the compensation as cant be against general damages?
Thanks
Comments
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According to Schedule 2 of the Social Security (Recovery of Benefits) Act 1997, as amended, the mobility component of PIP is listed under the heading "Compensation for loss of mobility during the relevant period"
https://www.legislation.gov.uk/ukpga/1997/27/schedule/2
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What does this mean I am a bit lost?
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I'm assuming it's compensation for anything that affects a person's mobility: a quick Google suggested a variety of things such as additional travelling costs to things such as lower limb mobility loss due to things such as medical negligence (a delay in diagnosing a medical condition that subsequenly leads to the loss of a foot is given as an example).
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You're absolutely right that PIP mobility gets offset, but it's actually set against the cost of future care and assistance rather than general damages. The logic is that mobility component covers things like transport costs to medical appointments or getting around due to your injuries. So if your compensation includes provision for ongoing transport needs or mobility aids, that's where the offset happens. It's worth getting proper legal advice on this as the calculations can get quite complex depending on your specific circumstances!
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