Recovery of Certain Benefits and Assistance by the Department of Employment Affairs and Social Protection


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Introduction

From 1st August 2014, the Recovery of Certain Benefits and Assistance Scheme enables the Department to recover the value of certain illness-related social welfare payments from compensation awards made to persons as a consequence of personal injuries claims. The benefits are recovered from the compensator and not from the injured person.

Rules

Where a compensator intends making a compensation payment to a person as a consequence of a non-fatal personal injury, the compensator must pay the Minister for Employment Affairs and Social Protection an amount equal to the illness-related social welfare payments that have also been paid as a consequence of that personal injury. However, where the compensation payment arises from a court order or an Injuries Board assessment, the obligation to pay the recoverable benefits and assistance is limited to the total amount of damages assessed in relation to loss of earnings or profits. A compensator can offset the amount of recoverable benefits and assistance paid to the Minister against the amount of compensation for loss of earnings or profits, but not against any other element of the compensation claim. 

The payments that are recoverable are:

Please Note: The benefits are recovered from the compensator, not from the injured person.

Please refer to the Operational Guidelines for full details of the scheme and relevant legislation

How to apply

A compensator must apply for a statement of recoverable benefits on the RBA01 application form before making a compensation payment to an injured person. The form should be downloaded from this site, printed on both sides of the page, completed and posted to the address below. To enquire about securely emailing the form to the Department, or any other query, please forward a request via the Ask a Question option in the "Online Services" facility on this page. The Injuries Board must also apply for a statement before issuing an order to pay under the terms of the Personal Injuries Assessment Board Act 2003.

The statement will issue within 4 weeks from the date of receipt of the application. A copy of the statement will also issue to the injured person or their solicitor/representative.

Completed application forms should be posted to:-


Department of Employment Affairs and Social Protection,
Recovery of Benefits and Assistance,
P.O. Box 12515,
Dublin 1,
Ireland.
Tel:(01) 8172660

Last modified:13/11/2015
 

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