header-logo header-logo

Universal credit: a sting in the tail?

11 July 2019 / Norman Challis
Issue: 7848 / Categories: Features , Profession
printer mail-detail

Both claimants & defendants should be aware of the negative impacts of universal credit, says Norman Challis

  • The introduction of universal credit as a recoverable benefit has a negative impact on compensators and claimants alike, and is ripe for much needed reform.
  • As it stands, there are little or no means to challenge Compensation Recovery Unit certificates containing universal credit.
  • The solution may be by both sides of the industry working together to lobby for a legislative change.

The Compensation Recovery Unit (CRU), part of the Department for Work and Pensions (DWP), exists to recover benefits paid to a claimant injured as a result of another’s negligence. The CRU sends the compensator a Certificate of Recoverable Benefits (CRB) which are repayable in the event that compensation is subsequently awarded or paid. In certain circumstances, compensators can offset some, or all, of the recoverable benefits against claimed losses, and even challenge the recoverability of the benefits themselves, excluding general damages which are ringfenced.

Prior to the creation of universal

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll