Disability and an injury claim

LegacyUser

I'm on disability allowance and am currently awaiting a personal injury claim due to a car crash. My solicitor told me yesterday that at present they are trying to factor in how much will be taken off my social welfare so they can include that in the claim. I'm just wondering can anyone tell me how much compensation one can receive before it affects your payment ?

olliesgirl55

Disability allowance wrote: »

I'm on disability allowance and am currently awaiting a personal injury claim due to a car crash. My solicitor told me yesterday that at present they are trying to factor in how much will be taken off my social welfare so they can include that in the claim. I'm just wondering can anyone tell me how much compensation one can receive before it affects your payment ?

Go here and download the document. It should give you how means are assessed. You are allowed up to 50,000 without your allowance being effected according to this. You can also go to your local SWA who should be able to advise you. Good luck

http://www.welfare.ie/en/downloads/sw29.pdf

donegal11

Disability allowance wrote: »

I'm on disability allowance and am currently awaiting a personal injury claim due to a car crash. My solicitor told me yesterday that at present they are trying to factor in how much will be taken off my social welfare so they can include that in the claim. I'm just wondering can anyone tell me how much compensation one can receive before it affects your payment ?

Would that just be a loop ? you receive money for losing money will cause you to lose more money as the additional money you will receive will reduce your payment again by increasing your means

mrsbyrne

donegal11 wrote: »

Would that just be a loop ? you receive money for losing money will cause you to lose more money as the additional money you will receive will reduce your payment again by increasing your means

The way the tax payer looks at is, if a disability claimant gets say €100000 compo, the he or she can have €50000 in the bank but the rest of it is looked on as reducing your entitlement to DA by €150 per week. Spend the €50000 spread it around a bit, get a good car, some home improvements, pay some bill. You can always reapply wen your money has dwindled.

pl4ichjgy17zwd

First €50,000 is disregarded; the next €10,000 is assessed at €1 per €1,000; next €10,000 at €2 per €1,000; balance at €4 per €1000.

Source

LegacyUser

OP here. Just to say thanks for the replies so far. In regards to someone saying it being a 'loop' , my solicitor is at the moment getting it calculated as to how much in total I'm likely to lose in my social welfare payment and the figure will be calculated into the compensation awarded to me ( in theory!).

donegal11

mrsbyrne wrote: »

The way the tax payer looks at is, if a disability claimant gets say €100000 compo, the he or she can have €50000 in the bank but the rest of it is looked on as reducing your entitlement to DA by €150 per week. Spend the €50000 spread it around a bit, get a good car, some home improvements, pay some bill. You can always reapply wen your money has dwindled.

Yes I get that BUT if you get 150 per week extra to compensate you in court for reducing a disability payment, your means will increase again and in turn would reduce your allowance to nil would it not.

mrsbyrne

If you have disability allowance of €188 per week and you get a compo settlement of €100000 then disability allowance will reduce the €188 to €38.
Most people can't manage that so the theory is you keep dipping into your €100000 and you can ask for it to be reviewed anytime but when your down to €50000 you'll be back up to €188 disability allowance.

gozunda

Ask your solicitor to what they are referring to

Not sure that this Bill had been enacted yet

SOCIAL WELFARE AND PENSIONS BILL 2013 following the budget

Specifically Recovery of certain benefits and assistance in Personal Injury Awards - Section 13. of the Bill

See

http://www.oireachtas.ie/documents/bills28/bills/2013/10113/b10113d.pdf

From what I understand all ( or some? ) awards will be reduced by the amounts of welfare benefits received by the injured party

"Reduction of compensation payment to injured person
343S. (1) A compensator who pays an amount equal to the total amount of the recoverable benefits to the Minister in accordance with section 343R
may reduce the relevant compensation payment payable to the injured person by that amount and shall notify the injured person accordingly. 35