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…mehr
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.
Richard Lewis is Professor of Law at Cardiff Law School, Cardiff University
Inhaltsangabe
* 1: Introduction * PART I: THE POLICY BACKGROUND * 2: Policy Versus Principle * 3: The Policy of Cumulation * 4: The Policy of Recoupment * 5: The Policy of Reduction * PART II: DEDUCTING BENEFITS OTHER THAN SOCIAL SECURITY * 6: Private Insurance Arranged by the Claimant * 7: Gifts and Charitable Payments of Money * 8: Benefits Related to Work * 9: Benefits Related to the Costs of Care * 10: Benefits Accruing to Dependants * 11: Scotland * PART III: DEDUCTING SOCIAL SECURITY BENEFITS * 12: History and Importance * 13: The Present Scheme: Deduction and State Recovery of Equivalent Benefits * 14: Forms and Procedures: The Operation of the Scheme In Practice * 15: Particular Problem Areas * 16: Reviews and Appeals * 17: Disputes Relating to Causation * 18: Recovery Of National Health Service Treatment Costs * Appendices * A. 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
* 1: Introduction * PART I: THE POLICY BACKGROUND * 2: Policy Versus Principle * 3: The Policy of Cumulation * 4: The Policy of Recoupment * 5: The Policy of Reduction * PART II: DEDUCTING BENEFITS OTHER THAN SOCIAL SECURITY * 6: Private Insurance Arranged by the Claimant * 7: Gifts and Charitable Payments of Money * 8: Benefits Related to Work * 9: Benefits Related to the Costs of Care * 10: Benefits Accruing to Dependants * 11: Scotland * PART III: DEDUCTING SOCIAL SECURITY BENEFITS * 12: History and Importance * 13: The Present Scheme: Deduction and State Recovery of Equivalent Benefits * 14: Forms and Procedures: The Operation of the Scheme In Practice * 15: Particular Problem Areas * 16: Reviews and Appeals * 17: Disputes Relating to Causation * 18: Recovery Of National Health Service Treatment Costs * Appendices * A. 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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