Librería Portfolio

The first book to provide an authoritative treatment on the extent to which benefits should be deducted from damages awarded at trial
Richard Lewis is a well-respected specialist in the areas of personal injury law and damages and has published extensively in these areas
Written and structured to be user-friendly and accessible for practitioners
Includes the full text of the Social Security (Recovery of Benefits) Act 1997 and all the latest statutory instruments and regulations




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.



Table of 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