2. Guidance for compensators
2.9 Having the Certificate renewed
The compensator should only request renewal Certificates when he is ready to settle the claim. Persistent requests for renewal Certificates where claim settlement does not follow that Certificate generates extra work and expense for everyone and may cause delays.
We cannot issue a new Certificate until the current one expires. Where it is clear that the case is very near settlement and that the current Certificate will expire before the settlement takes place you may request a renewal Certificate. Renewal Certificates will be issued within four weeks of the expiry of the current Certificate.
2.10 What to do after the Certificate is issued
Please tell us as soon as possible when you know the outcome of the claim even if it is unsuccessful. Form CRU102 should be used for this purpose. Failure to do this may result in you incurring costs for the retrieval of files from storage. CRU will not pay the retrieval costs where a compensator has not informed us of a compensation payment.
If no notification has been received about the outcome of a compensation claim after two years, automatic follow up action will be taken to obtain the result of the claim. A form CRU250 will be issued and should be completed and returned immediately.
When compensation has been paid you MUST send us the form CRU102, together with a cheque for the amount specified on the Certificate. Cheques should be crossed and made payable to "Department for Work and Pensions only" (in Northern Ireland "Social Security Agency only"). Do not send a cheque before sending form CRU102.
Please ensure the correct CRU reference number is shown on the remittance advice note, along with your claim reference number and if possible the incident/accident date or the name of the injured person.
You may send one cheque in respect of any number of claims. In order that we may allocate a bulk payment correctly to each case, the cheque MUST be accompanied by a schedule detailing ALL the CRU reference numbers and the AMOUNT DUE for each individual case. The total amount on the schedule should be checked to ensure the cheque is for the correct amount. If you choose this option you should bear in mind that the liability to pay DWP arises immediately before making the compensation payment, and the CRU may enforce this debt through the courts at any point from the fifteenth day following the date the compensation was paid.
2.11 Penalty for default
The DWP may take action against you to secure payment of the recoverable amount if:
- you make a compensation payment but do not apply for a Certificate; and/or
- you fail to repay us the specified amount.
If you obtain a Certificate of Recoverable Benefit and make the appropriate compensation payment but fail to pay the DWP, we will send you a reminder. Payment must be made immediately you receive the reminder. If your records show that you have already sent us a payment, then you should provide us with the details, e.g. the cheque number and the date it was cashed. If you have not sent us a payment because you do not agree with the amount on the Certificate, then you may request a review (see Section 7).
In accordance with Section 7-(3)(4)(5) of the 1997 Act, failure to pay DWP the amount shown on the Certificate may result in legal action being taken against you.
Please refer to the Social Security (Recovery of Benefits) Act 1997, Section 6 - Liability to pay the Secretary of State. Also Section 7 - Recovery of payments due under section 6.