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i am due a settlement shortly for injuries sustained in car accident,i have since been on incapacity,does anyone know if when my settlement comes will i lose the right to keep my incapacity benefit?

2007-11-04 01:17:12 · 9 answers · asked by bev123 2 in Health General Health Care Injuries

am not recieving any income support,only child tax credit,i get a reduction on council tax for disability.

2007-11-04 06:18:26 · update #1

9 answers

if you received a top-up of ( any) income support, ( although most people think it's diabolical & wrong ) you will have to repay it all, in full out of your award.
you should not lose your incapacity unless you go over the threshold.
& i'm sorry i have no idea what amount that is.
your solicitor should be able to inform you of your rights.

2007-11-04 01:24:30 · answer #1 · answered by Anonymous · 0 0

Hello Bev,

The Incapacity Benefit (IB) you are receiving at the moment should be exempt from being reduced or taken away because of any compensation you receive.

However if you are having it 'topped' up with Income Support (IS), depending on the amount of compensation you receive, it could affect some or all of that IS.

If you are in receipt of IS as well as IB and you lose any or all of your IS, it could also affect any entitlement you currently have for Housing Benefit and/or Council Tax relief.

You are under a legal duty to inform the Department for Work & Pensions (DWP) once this compensation has been received. That does not mean that you will lose any of the benefit you are receiving now, but you must inform them.

If you receive help with rent or Council Tax now, the DWP will inform your local council if there is any change in your entitlement to benefits paid to you by DWP, but you are also under a duty to inform the council yourself.

If you are in receipt of IS now, the amount you have received up until you receive your compensation should not have to be repaid.

If you are only receiving IB and are not in receipt of IS, Housing Benefit or Council Tax relief, you still need to inform the DWP but there is no need to contact your council as you are not receiving rent or Council Tax benefit from them.

My suggestion is that you should contact your local Citizens Advice Bureau (CAB) who are experts in this kind of thing. The CAB is a free and highly confidential service.

I hope this has been of help to you.


Poseidon
(John)

2007-11-04 01:55:32 · answer #2 · answered by Poseidon 7 · 0 0

Hi I work in a benefits office, any compensation you get will not affect your incapacity benefit as this is given to you because you are unable to work and it is not a means tested benefit.
It sounds like you get Council Tax Benefit, this will not be affected if your compensation claim is £6,000 or lower, if it is between £6,001 and £16,000 your benefit will be reduced according to the amount, if the claim is over £16,000 you will lose your Coucil Tax Benefit.
I also know this because my father aslso had a car accident and claimed compensation, it didn't affect his Incapacity Benefit.

2007-11-04 12:25:59 · answer #3 · answered by alan v 4 · 1 1

IB is based on your NI contributions. IB is taxable so that will be where the amount of your compensation will be taken into a/c. IB is not means tested. However if you were also receiving top up Income support, which is means tested, your settlement may take you over the 'savings' threshold and that may be affected. so no IB shouldn't be adversely affected, if you still meet the criteria for receiving it, in all other respects.

2007-11-04 01:40:54 · answer #4 · answered by groovymaude 6 · 0 0

2 factors: a million. the female became a civilian worker of the MOD and is roofed under a distinctive set of artwork rules than a military man or woman. 2. British military tension workers sign a checklist whilst starting to be a member of the army asserting they're going to pursue NO CLAIMS in the event that they get injured. Your petition whilst solid intentioned is valueless, think of (if it became granted) that serving infantrymen would desire to look for repayment then you definately would would desire to permit claims relationship back to WW2 veterans, Korean Veterans, the countless Emergency circumstances including Malaysia, Aden, Korea, N. eire, Falklands and so on...and so on... the fee to the British tax-payer would be super.

2016-09-28 07:32:23 · answer #5 · answered by ? 4 · 0 0

You need to inform DWP of any amounts of money that you come into as it may affect the amount of benefit that you receive.

2007-11-04 01:21:17 · answer #6 · answered by dwillibob 3 · 0 0

This is one of Maggie Thatchers little wave offs its called clawback for the obvious reason that it claws back your compo and replaces it in the governments pot , its their money and dont you dare try keeping it (guy fawkes had the right idea)

2007-11-04 01:39:31 · answer #7 · answered by TEL BOY 4 · 0 2

not sure where u live but if you are still unfit to work I would imagine you could continue to claim benefit

2007-11-04 01:24:22 · answer #8 · answered by lovejoy087 1 · 0 0

you will have to pay back the benefit you are getting because they look at it like you shouldn't be paid (twice) for your injuries, so basically yes your benefit will stop and you'll also pay them back any money you've had...your solicitor should of told you this?.

2007-11-04 01:29:57 · answer #9 · answered by Anonymous · 0 2

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