Compensation recovery scheme
Social security benefits, lump sum payments and compensation payments may be paid because of the same accident, injury or disease. If this happens, the person or organisation that pays the compensation (the compensator) has to pay back the benefits and or lump sum payment to the Department for Work and Pensions (DWP), via the Compensation Recovery Unit (CRU).
CRU issue a Certificate that shows the compensator how much they have to repay. CRU send a copy of the Certificate to the injured person or their representative.
The compensator may, in certain circumstances, reduce the compensation award to take account of the amount of benefits and or lump sum payments they have to repay to DWP.
This guidance tells you what to do if you get a Certificate which you think is wrong. It also tells you how to appeal against a Certificate.
Do you want more information about CRU's decision?
You can contact CRU if you want more information about their decision and they will provide you with an explanation.
If you think the decision is wrong
Contact CRU immediately if you would like them to look at their decision again. You must put your request in writing, giving the reasons why you think the Certificate is wrong and providing relevant evidence.
What happens next?
When you ask CRU to look at a decision again, CRU will look at the evidence provided in order to determine if the decision can be changed. This action will carried out by someone other than the original Decision Maker.
A different member of staff will usually do this.
If the decision can be changed
If CRU find that the amount on the certificate is wrong, CRU will
- send you a revised Certificate showing the correct details, or
- revoke the original Certificate.
The amount on the Certificate can only be increased if the compensator gave CRU incorrect or insufficient information.
If CRU become aware that recoverable lump sum payments have been paid after a Certificate has been issued, CRU will issue a revised Certificate to include the lump sum payment amount and the revised Certificate will supersede all previous certificates.
If you do not agree with the new decision, you can ask CRU to look at it again.
If the decision cannot be changed
If the decision cannot be changed CRU will send you a letter telling you that they cannot change it. The letter will confirm CRU's original decision.
If you still think the decision is wrong after CRU have looked at it again, you may be able to appeal. The letter will tell you if you whether or not you can appeal.
