criminal injurys compensation award

Need help and support? Post here and we will do our best.

criminal injurys compensation award

Postby maglite » Sun Jul 31, 2011 4:06 pm

is anyone here fammiliar with the rules following a cica award , more specific do you have to declare an award to benefits agency , the award has allready had massive amount deducted for benefits leading up to the award but the remainder is significantly high , some people are saying it does not effect benefit entitlement due to the nature of it being goverment compensation , 1 girl was awarded £19.800 and her benefits where not effected , ide appriciate any advice on this as im going round in circles trying to find anything about this online as it appears to be a grey area , thanks alan.
maglite
 
Posts: 49
Joined: Sun Nov 21, 2010 11:47 pm

Re: criminal injurys compensation award

Postby maglite » Sun Jul 31, 2011 4:34 pm

just found this , im not to clever with words but sounds to me like benefits cannot be touched because of a criminal injurys compensation award .

20. Section 10 of the Administration of Justice Act 1982, as amended by the Jobseekers Act 1995 and the Employment Rights Act 1996, provides:

"Subject to any agreement to the contrary, in assessing the amount of damages payable to the injured person in respect of personal injuries there shall not be taken into account so as to reduce that amount -
(a) any contractual pension or benefit (including any payment by a friendly society or trade union);
(b) any pension or retirement benefit payable from public funds other than any pension or benefit to which section 2(1) of the Law Reform (Personal Injuries) Act 1948 applies;
(c) any benefit payable from public funds, in respect of any period after the date of the award of damages, designed to secure to the injured person or any relative of his a minimum level of subsistence;
(d) any redundancy payment under the Employment Rights Act 1996, or any payment made in circumstances corresponding to those in which a right to a redundancy payment would have accrued if section 135 of that Act had applied;
(e) any payment made to the injured person or to any relative of his by the injured person's employer following upon the injuries in question where the recipient is under an obligation to reimburse the employer in the event of damages being recovered in respect of those injuries;
(f) subject to paragraph (iv) below, any payment of a benevolent character made to the injured person or to any relative of his by any person following upon the injuries in question;
but there shall be taken into account -
(i) any remuneration or earnings from employment;
(ii) any contribution-based jobseeker's allowance (payable under the Jobseekers Act 1995);
(iii) any benefit referred to in paragraph (c) above payable in respect of any period prior to the date of the award of damages;
(iv) any payment of a benevolent character made to the injured person or to any relative of his by the responsible person following on the injuries in question, where such a payment is made directly and not through a trust or other fund from which the injured person or his relatives have benefited or may benefit."...


TAKEN FROM :http://www.publications.parliament.uk/pa/ld200102/ldjudgmt/jd010705/cant-1.htm
maglite
 
Posts: 49
Joined: Sun Nov 21, 2010 11:47 pm

Re: criminal injurys compensation award

Postby chomerly » Wed Aug 03, 2011 7:18 pm

Hi Maglite,

Personally, i can't see there being a problem as long as it has been declared. When i briefly claimed Jobseekers years ago, their forms had a declaration part which asks if you have any savings over £3000. In your case, if you have any more than that then i would declare it as the Regulation of Investigatory Powers Act 2000 (RIPA) has given the various unscrupulous government agencies, including government endorsed companies, the power to investigate any credit, bank or building society accounts you may have.
In any case, though i would recommend you declare it.

I would personally deposit the cheque into my account and at the same time, put an order in to for the amount of the cheque to be withdrawn from your account on the date it clears.
In the meantime, go and buy a safe and when you collect your money, take it home and pop into the safe.
You only have to declare something they know you have from investigating your financial affairs.

I'm not advocating what i would do as something you should do too but, if you give them a reason to turn the screw on you, they will.
User avatar
chomerly
 
Posts: 143
Joined: Wed Mar 03, 2010 2:31 am
Location: Wolverhampton U.K.


Return to Help Wanted

Who is online

Users browsing this forum: No registered users and 1 guest

cron