The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:
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'.
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:
it was issued in ignorance of, or was based on a mistake as to, a material fact, or
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:
the certificate was issued without taking certain facts into account
the CRU had incorrect or insufficient information at the time the certificate was issued
a mistake was made in the certificate's preparation
there are grounds for an appeal (see Appealing the certificate of recoverable benefits, below)
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