It’s not you who has to pay back any benefits or compensation to the DWP, it is the person or organisation who you have settled your claim against.
We receive many enquiries regarding the potential issue of benefits and state/government compensation, paid in consequence of your asbestos-related condition, being recovered by the DWP from a successful claim for civil damages/personal injury.
The key thing to remember is: it’s not you who has to pay back any benefits or compensation to the DWP, it’s the person or organisation who you have settled your claim against. However, …” the person or organisation who pays your compensation may in certain circumstances, reduce the amount they pay to account for any monies they are required to pay to the DWP”. The DWP has issued the following guidance on this issue:
How it works
When someone claims compensation, the person or organisation who is likely to pay you compensation (the compensator) must tell the Compensation Recovery Unit, which is part of the Department for Work and Pensions (DWP).
Have you
- Claimed or received compensation?
- Received a social security benefit or lump-sum payment because of your accident, injury or disease?
If YES to both, the compensator has to pay back to the Department for Work and Pensions the amount of social security benefit or lump-sum payment you have received as a result of your accident, injury or disease. Read more information at GOV.UK
Compensation Recovery Statistics
Benefit Recovery
Compensation Recovery Unit data on cases registered, settlements recorded and recoveries made.
See a full breakdown of the statistics from the DWP
Lump-Sum Payments Recovery
Payments recovered under the Diffuse Mesothelioma Scheme 2008 and the Pneumoconiosis etc. (Workers Compensation) Act 1979
See a full breakdown of the statistics from the DWP
Last reviewed: May 2020
Contains public sector information licensed under the Open Government Licence v3.0.
