Having been injured in an accident then you may be entitled to receive state benefits. If your compensation claim is successful and you received state benefits then the amount received may have to be deducted from your damages, however this will depend upon which benefits were received and the type of losses that you claimed.
In most cases you will have to repay the benefits that you received if they are able to be offset against other comparable losses within your claim. However any benefits received five years after the date of your accident are not able to be recovered by the State.
If you continue receiving state benefits after the settlement of your injury claim then these will be unaffected. The requirement to repay benefits received will come to an end upon settlement of your claim.
Should your compensation settlement and existing savings together exceed £16,000 then you may not be eligible to receive means tested benefits such as housing benefit or income support. Means tested benefits take into account your income, savings and capital assets to assess your eligibility to receive benefits. If this is the case then there is an option available to ensure that your compensation payment is protected from means tested assessment. This is called a Personal Injury Trust and we will be more than happy to discuss this with.
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