Some Social Welfare Payments paid as a result of a personal injury suffered are now recoverable by the State from the ‘compensator’.

From the 1st of August 2014 the State is to be reimbursed by the compensator any ‘recoverable benefits’ paid to a person as a result of a personal injury.

Illness Benefit, Partial Capacity Benefit, Injury Benefit, Disablement Pension (incapacity supplement), Invalidity pension and Disability Allowance are considered ‘recoverable benefits’.

Up to this point those payments were usually deducted from the loss of earnings aspect of a personal injury action but not paid to the State.

However, from the 1st of August 2014 the ‘compensator’ will be obliged to reimburse the Minister for Social Protection the amount of ‘recoverable benefits’ paid to the injured party. The amount recoverable will be detailed in a ‘Statement of Recoverable Benefits’ provided by the Minister to the compensator and to the injured party. The amount recoverable must be paid to the Minister prior to any payment of compensation payment. The injured party will not be at a loss.

David J. O’Meara & Sons – Personal Injury Litigation