Will Getting Personal Injury Compensation Affect My Benefits Claim?

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Quick Answer: Receiving a personal injury compensation settlement can potentially impact your entitlement to means-tested benefits. However, there are ways to mitigate this impact, such as setting up a personal injury trust.

If you currently receive state-funded benefits, such as Universal Credit or similar, making a claim for personal injury compensation could impact your benefits entitlement and the amount of benefit payments you receive.

Below we’ll explain the potential impacts, the thresholds you need to be aware of, and strategies to protect your benefits while still pursuing fair compensation.

How Compensation Can Affect Benefits

Understanding the potential impact of a compensation settlement on your benefits is important for making informed decisions about your claim and financial future. The relationship between compensation and benefits is complex and depends on various factors, including the type of benefits you receive and the amount of compensation awarded.

Universal Credit and Other Means-Tested Benefits

Compensation settlements can affect means-tested benefits, which include:

  • Universal Credit
  • Income-based Jobseeker’s Allowance
  • Income-related Employment and Support Allowance
  • Income Support
  • Housing Benefit
  • Council Tax Support

Current Thresholds

As of 2023, the key thresholds to be aware of are:

  • £6,000: If your savings (including compensation) exceed this amount, it may affect the amount of benefits you receive.
  • £16,000: If your savings exceed this amount, you may lose entitlement to means-tested benefits altogether.

Non-Means-Tested Benefits

Some benefits are not affected by compensation settlements, including:

  • Personal Independence Payment (PIP)
  • Disability Living Allowance (DLA)
  • Attendance Allowance
  • Child Benefit

Understanding the Impact

If you receive a compensation settlement exceeding the £6,000 threshold, you must declare it as savings. However, it’s impossible to determine if your benefits claim would be affected until you know how much compensation you’ll receive.

Compensation Under £6,000

If your compensation settlement is less than £6,000, it generally won’t affect your benefits. For example, a minor whiplash claim settling within 6-8 weeks would typically fall below this threshold.

Compensation Between £6,000 and £16,000

Settlements in this range may reduce your benefit entitlements. The DWP assumes you have an income of £1 per week for every £250 of savings between £6,000 and £16,000.

Compensation Over £16,000

If your settlement exceeds £16,000, you may lose entitlement to means-tested benefits until your savings fall below this threshold.

Should You Claim Compensation if it Reduces Your Benefits?

In most cases, anyone injured in a non-fault accident should pursue their legal right to seek compensation regardless of any benefits they receive.

If you had a huge settlement of millions, it wouldn’t really matter if you lose your benefits. Where it is a problem is when people receive smaller settlements of, say, £10k or £20k. While it’s a lot of money, it’s not life changing and won’t last forever. Therefore, losing a chunk of or all of your benefits would be a real blow.

However, there are ways of mitigating the risk of a settlement affecting your benefits, and here at Direct2Compensation we can help you understand how to do this. You shouldn’t let concerns about losing benefits entitlements stop you from making your claim for compensation.

Strategies to Protect Your Benefits

It pays to be smart with your claim. Our solicitors will help you to ensure that any existing benefits are unaffected unless the law requires them to be. There are several strategies that can employed:

1. Personal Injury Trusts

A personal injury trust is a legal arrangement that can protect your compensation from being considered as savings for benefits purposes. Key points:

  • The compensation is held separately from your personal finances
  • Trustees control how the money is spent
  • The funds in the trust don’t count towards the savings threshold for benefits
  • You can be a trustee of your own trust, along with other appointed trustees

Often our solicitors will advise that if you win your claim for compensation, you should agree to take a small settlement immediately (one that would not go above the maximum savings threshold) and that the rest should be placed in to a personal injury trust fund.

2. Spend-Down Strategy

In some cases, it may be appropriate to use your compensation to pay off debts or make necessary purchases before it affects your benefits. However, this should be done carefully and with professional advice.

3. Staged Payments

For larger settlements, it may be possible to arrange for the compensation to be paid in stages, keeping the amount you receive at any one time below the relevant thresholds.

The Importance of Professional Advice

Given the complexities involved, it’s worth seeking professional advice if you’re concerned about how a compensation settlement might affect your benefits. Consider:

  • Consulting with a welfare rights advisor
  • Discussing options with your personal injury solicitor
  • Seeking advice from a financial planner experienced in personal injury trusts

Our specialist solicitors can ensure that any compensation settlements have minimal impact on your existing or long-term benefits entitlements. In cases of larger settlement values, we can link you with specialist financial advisers to handle the compensation in the most tax-efficient way possible, such as creating a personal injury trust.

Reporting Your Compensation

Remember, you have a legal obligation to inform the relevant benefits authorities about any change in your financial circumstances, including receiving a compensation settlement. Failure to do so could be considered benefit fraud.

Let Us Help You Start a Claim

While receiving a compensation settlement can potentially impact your benefits, there are strategies available to protect both your compensation and your benefits entitlement. The key is to plan ahead and seek expert advice to ensure you make informed decisions about your finances and your future.

If you would like to find out a little more about how you could claim compensation after an accident and not lose your benefits entitlement, just drop us a line on 01225 430285, or if you prefer, . We’ve been helping claimants win compensation for over 28 years. We’re happy to discuss your circumstances in confidence and help you to better understand whether claiming compensation could have any undue effect on your existing benefits claim.

Frequently Asked Questions

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Comments & Questions

Read on for questions and advice about claiming...

We are in receipt of benefits (universal credit). My husband received a settlement pay out for injuries which was over £60k. This settlement has been put in a personal injury trust and the Solicitors have already paid back any due benefit amounts to the relevant authority.

We are still on benefits at the moment as my husband still cannot work. Do we need to we need to present any other documents to universal credit or let them know of the trust?

Rosaria

Thank you, for letting know.

Ian Morris

You only need to disclose details of any immediately accessible ‘liquid’ finances – such as those within your usual bank account or of any savings you have. The value within the personal injury trust does not need to be disclosed.

Reply

I have had an offer for injury for 17.000.
I have not accepted as yet.
I currently get esa not due to injury.
Esa support group & I have extra for the lowest disability.
I also get housing benefit council tax and child tax.
How would this effect my benefits?

Ian Morris

You should discuss your benefits entitlement with your Solicitor and ask them to refer you to a financial planner as you may wish to set up a personal injury trust to ensure that any means tested benefits you receive are not impacted by the value of your claim settlement.

Reply

Hi. If I receive a payout for an injury following an accident and pay off my vehicle straight away, would this affect my benefits?

Ian Morris

You must always disclose any financial settlement with the relevant Government benefits department within 52 weeks of receipt of settlement.

Reply

Hello, I am currently waiting for a lump sum payment from DWP for PIP benefit as I have just been accepted and awaiting a back payment. I am also claiming for a personal injury claim. Will any compensation be reduced because of the PIP benefit I am going to receive?

Thank You

Ian Morris

Your compensation settlement value should not be reduced because you are on benefits.

Reply

I have just had an award from cica for 183 thousand. I am in receipt of PIP and contribution based eesa. Can they take any of my means tested benefits I had years ago. For a while. I have been given a large loss of income award within the compensation. I know about pi trust funds I am just wondering if I need to do this . Or just open an account for the compensation to go into.

Ian Morris

We would recommend that you seek professional advice from a financial planner to discuss the best way to retain your settlement and minimise any impact on benefits rights entitlements.

Reply

If I recieve compensation for an injury to my teeth, will the amount be judged by the DWP prior to the expense of having the treatment carried out? Will they consider that I have deliberately left myself under the threashold of £6000 on purpose? Also if there is currently an overpayment being collected from my UC will that be collected in full by the DWP once I have received my compensation? I expect the figure to be around £9000

Ian Morris

If your compensation settlement includes a sum for remedial dental work, you should not have to disclose that as you require the treatment to return you to your pre-accident health.

Reply

Would a compensation of £160,000 and another compensation of £10,000 affect benifit payments of rent, council tax, disability, daily living allowance, carers allowance, mobility car, child tax credit. It has been put into a family members account, is this fraud ?

Ian Morris

You can’t ‘hide’ receipt of settlement legally and should definitely inform the appropriate authorities in due course. The safest and best course of action in this case would be for you to contact a local Solicitor to arrange to set up a personal injury trust as this would enable you to retain the settlement but without any impact on your rights to benefits and state support.

Vickie

I currently have an ongoing compensation claim for occupational asthma due to formailn exposure. Am I still entitled to claim Industrial Injuries Disablement benefit? I work and don’t claim any other benefits. Would it affect my compensation claim as I believe it’s not means tested?

Ian Morris

You should further investigate the potential to claim the benefit you mention, but it would be sensible to discuss this with your Solicitor prior to taking any formal action. If a claimant is in receipt of non-means tested benefits, their benefits entitlement is not impacted by their claim settlement.

Reply

Hi I received benefits esa income related and pip and others for myself and my husband we are both disabled. We had a car bump other car hit us and we are getting compensation my husband has been awarded £3k and mine will be around £5k we have debt of £4k to be paid straight off when we receivel the funds, how do I stand with the dwp this terrifies me to be honest once debt paid we will be nowhere near 6k in savings but I don’t know how dwp look at this it’s causing me such extreme anxiety could you advise me in simple terms fir dummies as its too confusing

Ian Morris

As you will be under the £6k threshold, there should be no negative consequences to your benefits entitlement.

Tracy

Will my award and my husbands award be added together as one as we have one claim for benefits ? Thank you so much

Ian Morris

As you have a joint claim, we are not able to advise on this particular issue. We would suggest that you speak with the DWP or CAB for further specific advice on your benefits entitlement and your rights under such legislation.

Reply

Hi Ian,
My compensation claim for PI has just concluded with an ok result. I was claiming ESA (income based)and was paid it for 10mnths then it was stopped. I also claim PIP. CRU are claiming back £4000 ESA and £22,000 PIP.

My other concern is, that during my time of unemployment I had to draw down on my personal pension and my award does not cover the recovery of this.
Q1 Should I have queried this?
Q2 Can I claim mandatory reconciliation on my pay out?
Q3 Will I still be able to receive my PIP payment?

PS I am back in full time employment, but in a totally different field.

Many thanks in advance.

Kevin.

Ian Morris

I would strongly advise you to return to the Solicitor who handled your claim to discuss the pension draw down you had to make and also to enquire if they can refer you to a financial specialist who can advise you in detail on your rights.

With regards to the PIP payment, my understanding of that is that it should not be subjected to means testing so that should be queried with the DWP and perhaps with the CAB too.

Reply

If I receive universal credit payments including housing benefit and i’am waiting to receive a settlement figure of £2000 from an accident that I had 2 yrs ago will this amount of money affect any universal credit that I receive also I own no property and I have no savings thankyou.

Ian Morris

The amount you are expecting should have zero impact on any means tested benefits, including Universal Credit as you are below the threshold and do not have savings. However, we would always recommend that you disclose the settlement to your benefits handlers in order that you are seen to be fully open and honest regarding your financial situation.

Lee stewart

Thank you Ian for your helpful reply.

Ian Morris

You’re welcome!

Reply

Can I open a Compensation Injury bank account before I’ve received my compensation settlement, so that it’s ready to go straight in?

Ian Morris

If you are to receive a sum of compensation that will exceed the threshold for means tested benefits, it is sensible to consider opening a personal injury trust. This can be done with most Solicitors and is a legitimate means of ensuring that any existing benefits entitlement is not impacted by receipt of compensation for injury or loss. You can open such a trust before receipt of compensation.

Reply

I am currently paying an attachment of earnings for housing benefit overpayment.
I am soon to be receiving £5,000 compensation from my work as conciliation due to malpractice, will any money be taken out of the compensation for the attachment of earnings? Thanks

Ian Morris

We advise that you discuss this specific enquiry with a specialist organisation – such as the Citizens Advice Bureau as the fact that you are having to repay an overpayment could impact on your situation. However, as the amount of compensation that you mention is below the £6,000 threshold, you should be ok.

Reply

I have received PIP for nearly 5 years. I’m about to receive a compensation award for negligence. Please could you tell me if this will this affect my PIP? I was under the impression it wouldn’t as PIP isn’t means tested.

Ian Morris

You are correct, PIP is not means tested and your settlement will not impact your PIP benefit entitlement.

Reply

Any means tested benefits may be impacted by a financial settlement – whether that be via a compensation claim, inheritance or even a lottery win.

Reply

Hello. I receive attendance allowance due to age and relative infirmity. I had a no fault motor accident and have received a provisional compensation offer which is >£10000. However DWP are seeking to claw back from this sum the attendance allowance value lve so far received. I don’t know whether they’ll seek to claw back further AA amounts. Can they claw back money for this non means tested allowance? Thanks

Ian Morris

Benefits that are not means tested will remain in place regardless of the value of a settlement a claimant is awarded.

However, with benefits that are subjected to means testing, if a settlement takes a claimant beyond the threshold, they could lose some of their entitlement or see some benefits recovered. This is a matter that you need to discuss with your Solicitor and you may wish to seek advice from a financial planner to ensure that your benefits remain unaffected.

Reply

Would other compensation claims be able to be handled in the same manner as stated above? (Will claiming compensation affect my benefits claim?)

So would a payout for defamation through the small claims or a payout from the Police Force or NHS Trust, for example, affect benefits?

Also, could they be put directly into a trust?

Ian Morris

Any income including settlement of a legal claim will need to be disclosed to the relevant authorities when it comes to claiming benefits. If the amount that you may receive will see you exceed the threshold and thus lose a benefits entitlement, it would be prudent to seek the advice of a financial planner and Solicitor to seek legal and legitimate ways of ensuring that benefits rights are not unduly impacted by receipt of settlement.

Reply

I had an accident at work due to faulty equipment 2 years ago and am disabled now and getting IIDB along with other benefits from UC for housing costs. My Solicitors have advised me that the compensation will be awarded after deducting the benefits that I have been paid already. Is that true? Please advise.

Ian Morris

Your Solicitor should receive correspondence from the Department of Work & Pensions regarding what, if any amount of benefit payments you have received is to be recovered. It is the case that some benefits payments are recoverable from compensation settlements if a claimant succeeds with their case.

In your situation, it is sensible to discuss this matter with your Solicitor and to also ensure that any settlement you receive at the closure of your claim is held in such a way that it does not impact on your future benefits entitlements – such as a personal injury trust.

Reply

Hi. I’ve received £8.250 (after solicitors fees) in compensation.

I’m current on ESA (support group) and PIP but receive no other benefits and I have no savings.

Will my benefits be affected?

Ian Morris

The amount of money you have received will need to be disclosed to the department of work and pensions. Your PIP benefits should be unaffected as they are not means tested, but ESA could be reduced a little.

Reply

Will a compensation payment of 6 thousand 6 hundred effect someone’s universal credit ?

Ian Morris

Much will depend on whether the claimant has any savings or other income.

Reply

Hi, I’m wanting to set up a personal injury trust fund, what do i need to do to set it up and how much does it cost? thank you.

Ian Morris

Setting up a personal injury trust is something the Solicitor you have used to pursue your claim should be able to assist you in doing. Essentially, you need to find a Solicitor who can assist in the setting up of a trust and you need to find a suitable and extremely reliable/trustworthy co-trustee (as you will be a trustee).

Reply
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