Do I have to pay my benefits back?
Normally, the obligation to offset the benefits and repay the DWP belongs to the third party, unless you are not normally resident in the UK.
2. How long will they consider my benefits for?
What they call the ‘relevant period’ is usually five years from the date of your accident, and the period ends once you accept a final payment of damages.
3. Does this mean that I get less than people who don’t receive benefits but have the same injuries?
No. You will have received the same amount of compensation (though awards differ from case to case in any event.) The difference is that your compensation comes from two sources, i.e. your benefits and the third party, and theirs comes directly from the third party.
4. What happens if I have received more benefits than I can recover damages for?
If the amount of benefit exceeds the compensation which is considered to be paid to you for a loss, then the other side will have to make up the shortfall to the DWP.
5. Can I challenge a recovery decision?
Yes, you and the third party can challenge a Certificate of Recoverable Benefits, but only once you receive your compensation and the benefits have been paid back to the DWP. There are two grounds for appeal, namely that the amount, rate or period of benefit on the certificate is wrong, or that you did not receive the benefit because of your accident.