Benefits affected by legal claims against employer

Hello

Can someone please clarify something for me, my gf is taking her ex employers to court for unfair dismissal and for breach in duty of care which resulted in her chronic back pain. In the event of her possibly winning her case and being granted loss of earnings (she has been off work for 2 years on account of her back) which would total for arguments sake £16.000, does she pay back the DWP what she's been receiving in benefits from Jan 2011 until Nov 2012?

I've been trying to get clarification from her solicitor whos working on a no win no fee basis but have not had feed back from her.

Thanks in advance

Fco

If you win your case and a payout is made the result is dependant upon how much you receive from employer, how much you have received form DWP and how long she will be 'off work for,'and which part of ESA you are receiving.
Your solicitor is right by not giving an answer yet as there are too many values still to be accounted for and non of this will see the light of day until after the court case.

You are really asking about Employment Law which is not within the remit of moderators.

However, I believe you're also talking about the DWP Compensation Recovery Unit which can claw back certain benefits including DLA, Industrial Injuries Benefit and sickness related benefits including IB or ESA.

See : Compensation Recovery Unit

However, as your girl friend has a solicitor acting for her, it's best to let them deal with this aspect.

Members who are not qualified to give definitive advice on this matter may comment, but please do not attempt to give legal advice unless qualified to do so for legal reasons, which may have ramifications for Benefits and Work.

Many thanks.

FRANCISCO wrote:

Hello

Can someone please clarify something for me, my gf is taking her ex employers to court for unfair dismissal and for breach in duty of care which resulted in her chronic back pain. In the event of her possibly winning her case and being granted loss of earnings (she has been off work for 2 years on account of her back) which would total for arguments sake £16.000, does she pay back the DWP what she's been receiving in benefits from Jan 2011 until Nov 2012?

I've been trying to get clarification from her solicitor whos working on a no win no fee basis but have not had feed back from her.

Thanks in advance

Fco

Hi Fco,

This sort of query is not within our remit.

However, I have had personal experience of this, so can give you a rough guide, which should not be taken as professional advice. You should still consult your solicitor, as it is they who should sort all this out for you.

Basically the law states that you cannot be paid for the same thing twice, therefore if you settle a claim for personal injury, any compensation awarded will have the amount of any benefits received (Going back 5 years maximum) as a result of the injury, clawed back by the DWP Compensation Recovery Unit (CRU).

Your solicitor should inform the DWP CRU, you should make sure that he does, and they will issue a certificate stating how much if anything they wish to claw back.

This should be checked carefully by your solicitor, as it is not uncommon for the DWP to try and claim too much back.

Depending, on how much you are awarded, there is the option of setting up a "Personal Injury Trust" this involves a fee, and again your Sol should sort this out for you. A P.I.T. can protect your entitlement to benefits and/or care costs.

There may also be a 12 month disregard with the DWP.

As I have said this is only a rough guide and you should take professional legal advice from your Sol.

There is much that you can research on the net regarding all the above, as I did myself at the time.

bro58

Thank you all for the info, I appreciate my question is out of the remit of the moderators here, I now have an idea of how this works.

Many thanks to all for the quick reply!