Challenging a certificate of recoverable benefits
Challenging a certificate of recoverable benefits

The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:

  • Challenging a certificate of recoverable benefits
  • Introduction
  • Reviewing the certificate of recoverable benefits
  • Mandatory reconsideration
  • Appealing the certificate of recoverable benefits

Introduction

The process of challenging a Compensation Recovery Unit (CRU) certificate of recoverable benefits was reformed in 2013, in the hope that a greater number of disputes against Department for Work and Pensions (DWP) decisions could be resolved without the need for referral to court. The changes included a process of 'mandatory reconsideration'.

Reviewing the certificate of recoverable benefits

The compensator, the injured person, or either party’s representative can still ask the CRU to review a Certificate at any time.

The DWP will review a certificate of recoverable benefits if it is satisfied that:

  1. it was issued in ignorance of, or was based on a mistake as to, a material fact, or

  2. a mistake, as to computation or otherwise, has occurred in its preparation

If a party believes that the certificate of recoverable benefits does not reflect the benefits that the claimant should have received as a result of the material accident, a request should be made to have it reviewed. The DWP will consider a review if the party can show that:

  1. the certificate was issued without taking certain facts into account

  2. the CRU had incorrect or insufficient information at the time the certificate was issued

  3. a mistake was made in the certificate's preparation

  4. there are grounds for an appeal (see Appealing the certificate of recoverable benefits, below)

The request