Subjects:

Personal Injury Law

Contents:

1. Introduction

PART I: THE POLICY BACKGROUND

2. Policy Versus Principle

3. The Policy of Cumulation

4. The Policy of Recoupment

5. The Policy of Reduction

PART II: DEDUCTING BENEFITS OTHER THAN SOCIAL SECURITY

6. Private Insurance Arranged by the Claimant

7. Gifts and Charitable Payments of Money

8. Benefits Related to Work

9. Benefits Related to the Costs of Care

10. Benefits Accruing to Dependants

11. Scotland

PART III: DEDUCTING SOCIAL SECURITY BENEFITS

12. History and Importance

13. The Present Scheme: Deduction and State Recovery of Equivalent Benefits

14. Forms and Procedures: The Operation of the Scheme In Practice

15. Particular Problem Areas

16. Reviews and Appeals

17. Disputes Relating to Causation

18. Recovery Of National Health Service Treatment Costs

APPENDICES

A. LEGISLATION

Social Security (Recovery of Benefits) Act 1997

Social Security (Recovery of Benefits) Regulations 1997 S.I. No 2205

Social Security and Child Support (Decisions and Appeals) Regulations 1999 S.I. No 991

Road Traffic (NHS Charges) Act 1999

Road Traffic (NHS Charges) Regulations 1999 S.I. No. 785

Road Traffic (NHS Charges)(Reviews and Appeals) Regulations 1999 S.I. No. 786

B. FORMS USED BY THE COMPENSATION RECOVERY UNIT

CRU 1 Form - Notification of a Claim for Compensation

CRU 4 - Application for a Certificate of Recoverable Benefit or Benefit Information

CRU 100 - Certificate of Recoverable Benefit

CRU102 - Notification of Result of Compensation Claim

Appeal form - used when appealing against a Certificate of Recoverable Benefit

This book examines an area of personal injuries law that has been largely neglected by other writers, but which is of vital importance in practical terms when establishing quantum of damages for personal injuries. It provides detailed coverage of the law as it works in practice, but also important insights into the underlying legal principles and policy. There is comprehensive analysis of the rules relating to the deduction of social security benefits, including the Social Security (Recovery of Benefits) Act 1997 and the new rules concerning recovery of NHS costs from insurers. The book also explains in detail how the deduction of private insurance payments, gifts and charitable payments, benefits relating to employment, benefits related to the cost of care, and benefits accruing to dependants all impact upon the awards made by the Courts.