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    "If you've been injured through no fault of your own you could be entitled to compensation. If you're unsure if you could claim, I recommend you call Accident Advice Helpline."

    Esther Rantzen

    Personal injury claim do I have to repay incapacity benefit


    Personal injury claim – do I have to repay incapacity benefit

    Many people want to know the answer to the question: If I make a successful personal injury claim do I have to repay incapacity benefit? Here at Accident Advice Helpline, we can help answer this question for you.

    When an accident happens and injuries are sustained there is the possibility that the injuries will be long lasting. In these cases, a person is likely to be unable to work and may need to rely on benefits in order to live.

    Compensation claims can take some time before they end because all of the information which has to be gathered, then it must be decided who was at fault for the accident. Once this has happened, the parties involved can start negotiations about what would be a suitable amount of compensation. These negotiations can take some time as each solicitor will be trying to do the best for their client. At Accident Advice Helpline, there are numerous, experienced solicitors who are highly trained in these types of negotiations.

    The majority of cases are settled during this stage and never go to court. However, if a decision cannot be agreed upon, either about whose fault the accident was or about a suitable amount of compensation, it will be necessary to go to court and let a judge decide. This will make the process longer. For people who cannot work, this process is too long and they need to arrange some form of income. Incapacity benefit is available for people who cannot work.

    It is therefore valid to ask if I make a successful personal injury claim do I have to repay incapacity benefit? Many people would choose not to make a claim if they thought that all of their compensation would have to be used to pay off any incapacity benefit that had been paid out.

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    It is comforting to know that the answer to ‘if I make a successful personal injury claim do I have to repay incapacity benefit’ is … No. Incapacity benefit is not a means tested benefit, meaning that it is not given out based on how much money you have. So if your claim for compensation is successful, this will not make a difference to incapacity benefit being paid.

    Facts about incapacity benefit:

    – The official government title of incapacity benefit is now Employment and Support Allowance or ESA.

    – For anyone receiving incapacity benefit nothing will change. However, new claims will now be made for ESA instead.

    – To be entitled to ESA you can be employed, self-employed or unemployed.

    – Your illness or disability will determine whether you receive financial support or assistance in finding suitable employment

    – Payments start from £56.80 per week for under 25’s and £71.70 per week for over 25’s. This usually increases after 13 weeks.

    – Depending on if you are able to you will be expected to attend the Job Centre for regular interviews about your illness or disability.

    – If you do not do everything you are asked to do you may lose your benefit entitlement and have to make a new claim.

    Call Accident Advice Helpline free on 0800 689 0500 or 0333 500 0993 from a mobile phone for free, no-obligation advice about making a claim.

    Date Published: 24th October 2013

    Author: Louise Thacker

    Accident Advice Helpline (or AAH) is a trading style of Slater Gordon Solutions Legal Limited. Slater Gordon Solutions Legal Limited is a company registered in England and Wales with registration number 07931918, VAT 142 8192 16, registered office Dempster Building, Atlantic Way, Brunswick Business Park, Liverpool, L3 4UU and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority. Authorised and regulated by the Financial Conduct Authority.

    Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

    No-Win No-Fee: *Subject to insurance costs. Fee payable if case not pursued at client's request.