Recoverable Benefits

the_greed

My husband and I were in a car accident in January and we both had whiplash injuries. We were offered £1200 each and we decided to accept. The offer came to my husband before me and he at first refused the offer and was due to go for a medical this month but has since been diagnosed with cancer which needs urgent treatment. Explained this to the solicitors and the other insurance company were quite happy to accept that my husband changed his mind and we have accepted the offer as we did not want this to drag on.
Today, in the post, I received a certificate of recoverable benefits which shows the amount that I am due DWP is nil. My husband has been on incapacity benefit, dla and industrial injuries benefit for a long time (nothing to do with the accident) so what will happen to his £1200. Will the DWP take it off him?

stazi

You should find the answer here-
http://www.dwp.gov.uk/advisers/z1/

the_greed

It is very informative but also a bit complicated. However, my husband was receiving these benefits before the accident and not as a result of the accident. Therefore, I am thinking that he will have nothing to pay. That is how I read it anyway.

jai_2

The law does state that only recoverable if the benefits were paid because of the accident. Having said that there is case law that suggests otherwise. I think you need to ask the ones who really know their benefit law at https://www.rightsnet.com

dmg24

jai wrote: »

The law does state that only recoverable if the benefits were paid because of the accident. Having said that there is case law that suggests otherwise. I think you need to ask the ones who really know their benefit law at www.rightsnet.com

Did you mean to link to spam there?

I think you'll find stazi knows their stuff, but was perhaps encouraging the OP to find the information for themselves?