Hi all. an update and question

[furnitman2003]

I've just found out that I have passed my third Atos Assessment with 18 points, and can continue to receive ESA. WRAG group. ( see my other threads )

 

Following on from my accident a couple of years ago, which cost me my home and my job, and was the reason for claiming in the first place.

It appears my personal injury claim will be settled shortly, but I've been told I will have to pay back all the benefits payments I've received since my accident.

 

My question is this: Is this actually the case, bearing in mind my ESA was contibution based rather than Income based.

 

Any thoughts on this welcome

[sj01]

I think you should ask your solicitor. The payments back to the DWP should come out of the insurance companys pocket.

I didn't have to pay a thing to them personally.

Also, the DWP and the council tax people have to disregard your payment for a year after you recieve it so that you have time to decide if you want to put it in a trust.

If you do put it into a trust, which is only worth it if its a lot of money then I dont think it gets taken into account at all as savings.

[Nystagmite]

There's something about you being "compensated" twice for your accident - once by benefits and once by the compensation you receive. They claw back the money so you're not compensated twice.

[furnitman2003]

Thanks, for your replies.

sj01.

It was my solicitor that said I may have to pay back benefits received, he is looking into it for me. I believe in being pro-active, wanting to check things myself.

 

Nystagmite,

I see your point about being compensated twice, but I've worked and payed in National Insurance contributions all my adult life, surely thats what its for, else why pay it.

Whatever I get in 'compensation' has got to last until Retirement age, ( what ever that will turn out to be ), as the type of work I'm now able to do will be very restricted.

 

Thanks again.

[honeybee13]

Nystagmite,

I see your point about being compensated twice, but I've worked and payed in National Insurance contributions all my adult life, surely thats what its for, else why pay it.

 

I may be speaking out of turn here, but I have held the view for a while now that NI contributions don't go into a fund as such, just pay this year's benefits, pensions etc, and are more or less an extra form of taxation. We don't have any choice about paying, but the rules can be changed on us.

 

My best, HB

[sj01]

Hi, I would be a bit worried if my solicitor didnt already know this. He must have done this sort of case before.

I can only speak from experience and I received all of my compensation and I was claiming benefits the whole time my case was going on.

I had a no win no fee solicitor.

[antone]

Nystagmite,

I see your point about being compensated twice, but I've worked and payed in National Insurance contributions all my adult life, surely thats what its for, else why pay it.

 

I may be speaking out of turn here, but I have held the view for a while now that NI contributions don't go into a fund as such, just pay this year's benefits, pensions etc, and are more or less an extra form of taxation. We don't have any choice about paying, but the rules can be changed on us.

 

My best, HB

 

Can't answer the OP's question, unfortunately, so I just thought I'd comment on this. You are essentially correct: NI is just that, National Insurance. People tend to view it as a savings fund because of the way it works in relation to retirement pensions (RP), but it isn't that at all, really. In relation to RP, the deal is that for the last 40 or so years of your working life, you've been paying the pensions of people older than you when they retire. So in effect, when you reach retirement age, it's your turn to receive rather than pay. That was the deal - a kind of exchange agreement.

 

When it comes to ESA or other working age benefits, NI works a little differently. Think of it more like a car or home insurance policy: if you can't or don't pay the premiums, you don't get the benefit. You wouldn't go to Norwich Union or whoever and say "well, I know I haven't paid my premium for 6 months, but before that I paid in for 10 years, so you should pay my claim!"

 

This applies only to contributory benefits, of course. After all, some people can't pay NI through no fault of their own. And that's where the means-tested benefits come in, with their different rules.

[antone]

But here's a DWP PDF file on the topic. It fits with my understanding of the law, which I didn't want to state outright as it's been a while since I worked there.

[furnitman2003]

sj01

 

"Hi, I would be a bit worried if my solicitor didnt already know this. He must have done this sort of case before".

I hope so, not sure though, The Solicitor handling my case, was 'recommended / the one used by' my then employer. He was asked to look after my interests after my car accident, and I've used him ever since.

 

　

 

antone

 

"When it comes to ESA or other working age benefits, NI works a little differently. Think of it more like a car or home insurance policy: if you can't or don't pay the premiums, you don't get the benefit. You wouldn't go to Norwich Union or whoever and say "well, I know I haven't paid my premium for 6 months, but before that I paid in for 10 years, so you should pay my claim!"

 

I see your point, but I paid my NI (premium) right up untill the accident, and, if I'm not mistaken, isn't a NI Contribution of some sort paid while claiming ESA, albeit towards RP

Thanks for the Link anyway, I'll look into it.

 

Thanks everyone, will keep you posted.