Deducting Benefits from Damages for Personal Injury

Hardcover | December 15, 1999

byRichard Lewis

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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 alsoimportant 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. Thebook 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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From the Publisher

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 alsoimportant insights into the underlying legal prin...

Richard Lewis is Professor of Law at Cardiff Law School, Cardiff University
Format:HardcoverPublished:December 15, 1999Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198298609

ISBN - 13:9780198298601

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Table of Contents

1. IntroductionPART I: THE POLICY BACKGROUND2. Policy Versus Principle3. The Policy of Cumulation4. The Policy of Recoupment5. The Policy of ReductionPART II: DEDUCTING BENEFITS OTHER THAN SOCIAL SECURITY6. Private Insurance Arranged by the Claimant7. Gifts and Charitable Payments of Money8. Benefits Related to Work9. Benefits Related to the Costs of Care10. Benefits Accruing to Dependants11. ScotlandPART III: DEDUCTING SOCIAL SECURITY BENEFITS12. History and Importance13. The Present Scheme: Deduction and State Recovery of Equivalent Benefits14. Forms and Procedures: The Operation of the Scheme In Practice15. Particular Problem Areas16. Reviews and Appeals17. Disputes Relating to Causation18. Recovery Of National Health Service Treatment CostsAppendicesA. LegislationSocial Security (Recovery of Benefits) Act 1997Social Security (Recovery of Benefits) Regulations 1997 S.I. No 2205Social Security and Child Support (Decisions and Appeals) Regulations 1999 S.I. No 991Road Traffic (NHS Charges) Act 1999Road Traffic (NHS Charges) Regulations 1999 S.I. No. 785Road Traffic (NHS Charges)(Reviews and Appeals) Regulations 1999 S.I. No. 786B. Forms Used By The Compensation Recovery UnitCRU 1 Form - Notification of a Claim for CompensationCRU 4 - Application for a Certificate of Recoverable Benefit or Benefit InformationCRU 100 - Certificate of Recoverable BenefitCRU102 - Notification of Result of Compensation ClaimAppeal form - used when appealing against a Certificate of Recoverable Benefit

Editorial Reviews

`invaluable text ... It is rare for a text to combine practitioner value and practical guidance with an academic insight and analysis. This book is an example ... An excellent book, and a "must" for the PI lawyer's shelf.'Welfare Benefits, December 1999/January 2000