Quantum calculator
CRU offset calculator
CRU benefit recovery and the like-for-like offset of recoverable benefits against heads of damage under the Social Security (Recovery of Benefits) Act 1997. Every figure is computed from the encoded recovery period and Schedule 2 matrix, shown with its full working, and cited to the primary source.
Read how these calculators work on the quantum methodology page.
Listed benefits from the CRU certificate
Enter each listed benefit as its own row with the amount and the payment date. The benefit type fixes the head it may offset under Schedule 2.
What CRU recovery is
When a compensator pays compensation for an accident, injury or disease, the Social Security (Recovery of Benefits) Act 1997 requires it to obtain a certificate from the Compensation Recovery Unit and repay to the DWP 100 per cent of the recoverable state benefits listed on that certificate. The claim must be registered within 14 days of notification. Only benefits paid within the recovery period count. That period runs for five years from the accident or injury, or from the first claim of a listed benefit in disease cases, or until the final compensation payment if that comes earlier.
The compensator can offset some of what it repays against the compensation, but only like for like. Schedule 2 to the Act sets out three heads. Earnings replacement benefits reduce compensation for lost earnings, care benefits reduce compensation for cost of care, and mobility benefits reduce compensation for loss of mobility. General damages for pain, suffering and loss of amenity are protected, with one exception. Lump sums under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 and mesothelioma payments offset against general damages first.
Where the benefits classified to a head exceed the compensation under that head, the excess is trapped. It cannot be moved to another head, and the compensator must still repay the DWP in full without recouping the difference from the claimant. This is the Universal Credit over-recovery problem, unresolved after R (Aviva) v SSWP, and it is why offers should always state whether they are made gross of CRU or net of CRU. This calculator shows the trapped excess per head and in total, and returns both presentations.
Primary sources
- Social Security (Recovery of Benefits) Act 1997, sections 3 and 8 and Schedule 2. Commencement dates to be verified at source.
- Social Security (Recovery of Benefits) Regulations 1997 (SI 1997/2205). The source URL and commencement date are to be verified at legislation.gov.uk before citation, so no link is given here.
Frequently asked questions
What is CRU benefit recovery?
Under the Social Security (Recovery of Benefits) Act 1997 a compensator paying compensation for an injury or disease must obtain a certificate from the Compensation Recovery Unit and repay 100 per cent of the listed recoverable benefits to the DWP. The compensator must also register the claim within 14 days of notification.
How long is the recovery period?
Five years from the date of the accident or injury, or in disease cases five years from the first claim of a listed benefit, or until the final compensation payment if that comes earlier. Benefits paid outside the recovery period are excluded from the certificate total. The recovery period sits in section 3 of the 1997 Act.
Which benefits offset which heads of damage?
Schedule 2 to the 1997 Act permits like-for-like offsets against three heads only. Universal Credit, Employment and Support Allowance, Jobseeker's Allowance, Income Support, Incapacity Benefit and Statutory Sick Pay offset compensation for lost earnings. Attendance Allowance, the Personal Independence Payment daily living component and the Disability Living Allowance care component offset compensation for cost of care. The Personal Independence Payment mobility component, the Disability Living Allowance mobility component and Mobility Allowance offset compensation for loss of mobility.
Can benefits be offset against general damages?
No. General damages for pain, suffering and loss of amenity cannot be offset by listed benefits. The exception is the special category of Pneumoconiosis etc. (Workers' Compensation) Act 1979 lump sums and mesothelioma payments, which offset against general damages first.
What is the trapped excess problem?
Where the recoverable benefits classified to a head exceed the compensation under that head, the excess is not transferable to any other head. The compensator still repays the DWP in full but cannot recoup the excess from the claimant. This is the well documented Universal Credit over-recovery problem, unresolved after R (Aviva) v SSWP, and it is why offers should state whether they are gross of CRU or net of CRU.
Does this calculator value the heads of damage?
No. The head amounts are user inputs, computed elsewhere or agreed between the parties. Listed benefits must be taken from the actual CRU certificate, and this tool does not retrieve, apply for or verify certificates with the DWP. Interest on damages is handled by the separate interest module.