Deducting Benefits from Damages for Personal Injury
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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 0
Categories
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.
MoreLong 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.
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