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    Deducting Benefits from Damages for Personal Injury

    Deducting Benefits from Damages for Personal Injury by Lewis, Richard;

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      • Publisher's listprice GBP 212.50
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    Product details:

    • Publisher OUP Oxford
    • Date of Publication 6 January 2000

    • ISBN 9780198298601
    • Binding Hardback
    • No. of pages350 pages
    • Size 254x177x22 mm
    • Weight 714 g
    • Language English
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    Short description:

    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.

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    Long description:

    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.

    provides both exposition and policy analysis which is clear, concise and well-structured. For a practitioner the detailed discussion of the social security benefit recovery scheme alone would justify the purchase price.

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    Table of Contents:

    Introduction
    PART I: THE POLICY BACKGROUND
    Policy Versus Principle
    The Policy of Cumulation
    The Policy of Recoupment
    The Policy of Reduction
    PART II: DEDUCTING BENEFITS OTHER THAN SOCIAL SECURITY
    Private Insurance Arranged by the Claimant
    Gifts and Charitable Payments of Money
    Benefits Related to Work
    Benefits Related to the Costs of Care
    Benefits Accruing to Dependants
    Scotland
    PART III: DEDUCTING SOCIAL SECURITY BENEFITS
    History and Importance
    The Present Scheme: Deduction and State Recovery of Equivalent Benefits
    Forms and Procedures: The Operation of the Scheme In Practice
    Particular Problem Areas
    Reviews and Appeals
    Disputes Relating to Causation
    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

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