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SBP LawAccess all documents on Total earnings scheme
This Practice Note explains how social security benefits paid to claimants after an accident, injury or disease are recovered. It describes how the Department for Work and Pensions (DWP), via the Compensation Recovery Unit (CRU), reclaims these sums from the compensator. It sets out the circumstances in which the compensator may set off specified benefits against particular heads of loss to prevent double recovery. It also outlines procedure for contributory negligence, multiple compensators, interim payments and periodical payments. The recovery system Following an accident, injury or disease, a claimant may receive state benefits. Under a statutory scheme, the DWP recoups those benefits from the compensator—either the defendant or, in most cases, the defendant’s insurer—through the CRU. Any compensator who makes a compensation payment in any case is liable to pay a sum equal to the total of the recoverable benefits. In turn, the compensator may deduct or recoup particular benefits against three categories of loss: loss of earnings cost of care loss of...