The cases we handle

NHS – recovery of charges

Under Part 3 of the Health and Social Care (Community Health and Standards) Act 2003 the NHS can recover costs of treating injured patients in all cases where personal injury compensation is paid for injuries occurring on or after 29 January 2007.

In practice the Compensation Recovery Unit (CRU) of the Department for Work and Pensions operate the scheme on behalf of the Secretary of State for Health – or in Scotland, the Scottish Minister of Health.

The compensator can appeal to the First-tier Tribunal against the details in a certificate of recoverable benefits, and may then appeal to the Upper Tribunal on a point of law, with the permission of the First-tier Tribunal judge or an Upper Tribunal judge.

Relevant legislation

Health and Social Care (Community Health and Standards) Act 2003 external link icon

The Transfer of Tribunal Functions Order 2008 external link icon

Note:
From 3 November 2008 the new Upper Tribunal has taken over the work of the Social Security, Child Support and Pensions Appeal Commissioners. The Commissioners formerly handled appeals from tribunals that are now covered by the Social Entitlement Chamber, and the War Pensions and Armed Forces Compensation Chamber of the First-tier Tribunal. The Upper Tribunal also deals with appeals from the Health, Education and Social Care Chamber of the First-tier Tribunal.

This page was last updated on 03 November 2008

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