The Authority was not entitled to have deducted from the sums payable toward the claimant’s social care, an award of damages made against the authority from its own negligence in the care of his mother, leading to his disability. The phrase ‘An award of damages for a personal injury’ in paragraph 44(2)(a) was clear, unambiguous and unqualified, and should not be construed as referring only to some heads of an award of damages for personal injury.
Sir Anthony Clarke, Master of the Rolls, Lord Justice May and Lord Justice Dyson
[2009] EWCA Civ 145, [2009] 3 WLR 737, [2009] LS Law Medical 229, (2009) 12 CCL Rep 299, [2009] PIQR Q1
Bailii, Times
Income Support (General) Regulations 1967 (SI 1987 No 1967)
England and Wales
Personal Injury, Professional Negligence, Benefits
Leading Case
Updated: 11 November 2021; Ref: scu.311771