NHS charges and the injury costs recovery scheme
NHS charges and the injury costs recovery scheme

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

  • NHS charges and the injury costs recovery scheme
  • Scope of recoverable costs
  • The tariff system
  • Applying for a certificate
  • Payment of the charges
  • Reviewing a certificate of NHS charges
  • Appealing a certificate of NHS charges

When a claimant is successful in claiming compensation as a result of an accident, the National Health Service (NHS) is entitled to recover an amount to cover the cost of the claimant's NHS hospital treatment and any ambulance costs. Recovery of these NHS charges falls to the Compensation Recovery Unit (CRU), which will in turn refund the charges to the relevant hospital or ambulance service.

Scope of recoverable costs

Accidents occurring before 29 January 2007

Where the injured party was involved in a road traffic accident before 29 January 2007 and the compensator makes a compensation payment (including an interim payment), the compensator will be liable for the repayment of NHS charges. See the now revoked Road Traffic (NHS Charges) Act 1999.

Accidents occurring on or after 29 January 2007

Where an injured party sustains an accident that results in NHS hospital treatment or ambulance services being provided, the NHS is entitled to recover these charges from the compensator if the injured party receives a compensation payment.

This expanded scheme, the NHS injury costs recovery scheme, applies to road traffic, employer, public and product liability claims, and to all types of compensator.

The scheme applies to physical and psychological injuries, although it does not cover disease claims unless the disease was contracted as a direct result of an injury that falls within it.

Any treatment given by a