Which benefits count

For loss of earnings

The person or organisation who pays your compensation can only reduce the compensation you are awarded for loss of past earnings if you have received one of the following benefits to meet the same need:

• Disability Working Allowance
• Employment and Support Allowance
• Incapacity Benefit
• Income Support
• Industrial Injuries Disablement Benefit
• Invalidity Pension
• Invalidity Allowance
• Jobseeker’s Allowance
• Reduced Earnings Allowance
• Severe Disablement Allowance
• Sickness Benefit
• Statutory Sick Pay paid before 6 April 1994
• Unemployability Supplement
• Unemployment Benefit.
• Universal Credit.

For cost of care

The person or organisation who pays your compensation can only reduce the compensation you are awarded for cost of care in the past if you have received one of the following benefits to meet the same need:

• Attendance Allowance
• Disability Living Allowance (care component)
• Industrial Injuries Disablement Benefit increase for Constant Attendance Allowance or Exceptionally Severe Disablement Allowance.
• Personal Independence Payment (living component).

For loss of mobility

The person or organisation who pays your compensation can only reduce the compensation you are awarded for loss of mobility in the past if you have received one of the following benefits to meet the same need:

• Disability Living Allowance (mobility component)
• Mobility Allowance.
• Personal Independence Payment (mobility component).