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cica/ pay out, will this effect disbabity benefits

  • realfaithuk
  • Topic Author
13 years 6 months ago #29822 by realfaithuk
in 02 suffered a horror crime, and since 05, lawyers , got me to sign no win no fee contract to , a/ medical privte reports of life long effects of the appment on to my life, male went on to kill and i been geting serve disbabilty benfit and middle rate dla, for care and mobtily and long term, disbabilty, as a result, a lawyer in 08, messed up my renewal dla claim and said if i tired to appeal dwp stopping , serve disbablity benefit, and appeal the descion, of dla to the lower rate, i may lose, it all together.

so since my operation, of 08 did not work and now worse mobity and now cica, case lawyer pushing me, after 5yrs, trying to appeal, the lost chance to evebr be abble to have abbity to work again, and expert 06 07 , prvite non nhs medical reports was done on me to detail how the crime effecting my daily life, and how on truma effects on one mental health to, the home office, pays the office of cica, whom , will not pay out twice, for crime of cica payout , and yet i still long term life term ill, so have medical nhs cpa / plus new nhs reports, of how i not recovered too, and very concerned, i be entilted to dibabtily benfits, but willi be forced, to if i get any cica payout, to use this instead, of what i am on, which is not a lot, as all fair to say things on medical reports, and yet now new wca, happning, how does one protect , cica payment for the crime, and still be able to get what i am on,as yet do not know if or what the finale amount may be by time lawyers take out thier 30%, . Very confussed,
Then if i got married, how will i still be able to get what i am on, in my own right, for being to ill to work? The male i know works full time, not sure yet how much hes on, or am i better of not doing anything to risk, my claim at moment, any adivce will be welcome,

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  • Survivor
13 years 6 months ago #29824 by Survivor
If you get criminal injuries compensation, it can affect your benefits because you may be expected to repay some of the benefits you have received out of the compensation, but the rules are complicated, so you should seek face to face advice.

If you don't want to ask your lawyers, you could get advice from a welfare adviser.

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  • realfaithuk
  • Topic Author
13 years 6 months ago #29831 by realfaithuk
thanks i thought this may be the case, and then if any cica payout doe not cover since 2002, will i be expected to still repay even though , my serve disbalbitie mean i entiled to an award? So why sould i become disbaled cause of the effects of crime and , be blocked may be from disbabity award, as no wonder my lawyer, wanted back dated history of how long i have been getting ones benefits, i, do not have a fromer owrk history before the crime, riasing two kids on own, was to set up a self employed bissness, in 02, with backing from an ex , then the crime happened and i never was able then to set it up. i had to show my fromer life history, never realy worked, signle parent, so far to ill at present , to deal wit hthe matter with cica, brings back the flashbacks, daily now, needs more meds to help me, and new reports this yr to show ones replases, i gone out to get all copies of a and e atendances, records and working on go records, to show, medical inputs etc, so your right i thought will be very complex, the lawyer dealing with cica, will not help on this matter, they just buling me to get thier money from cica, reguradless of the risks to me. now with the new planned changes of lda and dwp benefits.

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  • Survivor
13 years 6 months ago #29834 by Survivor
I'm very sorry you've got this concern as well as everything else you've been through.

The compensation you receive could also affect your benefits by making your capital limits go over the allowances if you are on means-tested benefits, but sometimes it is possible to get round this by setting up a trust. You would need to get specialist advice on this because it isn't always an option and also if you get it wrong, you could have difficulties with your benefits.

I'm sorry I can only point you in the general direction of what you need to know, but we don't give advice on individual cases on here.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 6 months ago - 13 years 6 months ago #29852 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re: cica/ pay out, will this effect disbabity benefits
realfaithuk wrote:

thanks i thought this may be the case, and then if any cica payout doe not cover since 2002, will i be expected to still repay even though , my serve disbalbitie mean i entiled to an award? So why sould i become disbaled cause of the effects of crime and , be blocked may be from disbabity award, as no wonder my lawyer, wanted back dated history of how long i have been getting ones benefits, i, do not have a fromer owrk history before the crime, riasing two kids on own, was to set up a self employed bissness, in 02, with backing from an ex , then the crime happened and i never was able then to set it up. i had to show my fromer life history, never realy worked, signle parent, so far to ill at present , to deal wit hthe matter with cica, brings back the flashbacks, daily now, needs more meds to help me, and new reports this yr to show ones replases, i gone out to get all copies of a and e atendances, records and working on go records, to show, medical inputs etc, so your right i thought will be very complex, the lawyer dealing with cica, will not help on this matter, they just buling me to get thier money from cica, reguradless of the risks to me. now with the new planned changes of lda and dwp benefits.


This link on Compensation Recovery is on the DWP Specialist web page Recovery of Benefits which explains the law, guidance and useful other information.

If there is any recovery due, it is carried by the Compensation Recovery Unit of the DWP. Please note that The Compensation Recovery Scheme does not apply to compensation paid for criminal injuries cases. See Compensation for Criminal Injuries

Good luck.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 6 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Added link

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  • realfaithuk
  • Topic Author
13 years 6 months ago #29927 by realfaithuk
thanks for all whom tried to help point me in how to go with this, tried for 5yrs for the lawyer to send me all the case papers of the cica, so one is able to see how and whats been going on for so long and i did get my dpw files , which also said about the dwp section on recovery, if caused real hardship, and find out, one will not be left with any cica payout, once lawyer take their cut and dwp, then, where will if leave me, will i have to make renew claim? as or take on the home office and dwp, for all those suffered crimes, and disbaled caue of it, and surely able to still be able to claim disbaled benfits, as medical reports ,states how its effecting me on a life long terms, so now, no real speicalist legal centres around to help , on such a complex matter, tired look to set up trust fund, if any payout goes to my son, and if set up, that i only get small amount to help pay for meidcail tratment , not still bale to get on nhs, wonder, if this effects, any claim? its like a double ended, stab in the back, the crime, was bad enough, and to be forced to lose dwp benfits ,may be, legal case , brought against , home office for all victims of crime on this point and then dwp? will this line of action , help , change rules , on this, yet will be a battle, with a lot of stress not bale to cope with.....

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