0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

CRU Appeals

29 May 2001
The issues

Recoupability of benefits under the Compensation Recovery Scheme

The facts

You will be aware that there were four appeals pending to the tribunal of Social Security Commissioners with regard to the recoupability of benefits under the Compensation Recovery Scheme. Benefits should only be included in a Certificate if they were paid “in respect of the accident injury or disease” in question and it is a ground of appeal if the Certificate included benefits “paid otherwise that in respect of the accident, injury or disease”. The Secretary of State had argued that the Tribunal Hearing on Appeal was not entitled to reach a conclusion inconsistent with the award of benefit – effectively was not entitled to go behind the Certificate.

Only benefits that ought not to have been paid at all were not recoupable on this view.

The decision

The Tribunal accepted the Secretary of State’s arguments that bound the compensator by a decision as to the entitlement of benefit to which the compensator was not a party and in respect of which he had no rights to make representations. This settles for the moment therefore the issue and ensures that a compensator is able to pursue an appeal on the basis that the accident in question was not an effective cause of payment of a benefit and that the Claimant should not be entitled to the benefit in question. The case may go to the Court of Appeal.

focus on...

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.


Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.


Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.


Legal updates

Insurance annual review 2019-2020

Welcome to our review of 2019 as we look ahead to what is on the horizon for the insurance sector in 2020.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up

Select which mailings you would like to receive from us.

Sign up