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    Deducting Benefits from Damages for Personal Injury

    ISBN-10: 0198298609
    ISBN-13: 9780198298601
    Author(s): Richard Lewis
    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  More...
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    Publisher: Oxford University Press, Incorporated
    Binding: Hardcover
    Pages: 350
    Size: 6.73" wide x 9.69" long x 0.87" tall
    Weight: 1.562
    Language: English

    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.

    Introduction
    The Policy Background
    Policy Versus Principle
    The Policy of Cumulation
    The Policy of Recoupment
    The Policy of Reduction
    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
    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
    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

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