NHS costs recovery: Increase in the level of recoverable charges
It is a little-known fact that following a successful claim for compensation for injury, for example, after a road traffic accident or accident at work, those responsible for causing the injury are required, under the NHS Injury Cost Recovery scheme (‘ICR’), to contribute to the cost of any NHS treatment received by those who are injured.
How does the ICR scheme work?
There is a legal obligation on insurers and solicitors to inform the Secretary of State (through the Compensation Recovery Unit (‘CRU’) within the Department for Work and Pensions) whenever a claim is made for personal injury compensation.
The CRU sends details of reported claims to NHS providers who then confirm basic treatment details. Once the information is received, the CRU can calculate how much will be payable to the NHS if the compensation claim is successful.
What charges can be recovered?
The CRU uses a tariff system, which from 1 April 2024 will be:
| Ambulance charges (per person, per journey) | In-patient (daily charge) | Outpatient appointment (one-off charge) | Cap |
| £249 | £1,014 | £825 | £60,610 |
Therefore, a sum of £1,014 per day can be recovered for in-patient treatment and a one-off charge of £825 for outpatient treatment, irrespective of how many outpatient appointments are needed.
There is an overall cap on the amount that can be recovered in NHS charges for any one injury, which from 1 April 2024 will be £60,610.
Who receives the money?
The money recovered from the compensator is received directly by the Trust which provided the treatment, whether NHS Trust, NHS Foundation Trust or Ambulance Trust, for reinvesting in patient services.
Comment
There is often a stigma attached to people who, through no fault of their own, are injured by another’s wrongdoing and pursue a claim for compensation for injury and resulting financial losses. Such views usually come from people who have been fortunate never to have been seriously injured themselves, and therefore have no need for specialist medical treatment, rehabilitation, care or support.
By bringing a claim for compensation, an injured person can recover not only compensation for their own pain and suffering and any financial loss, but they can also help to reimburse the NHS for the treatment they have received (up to £60,610 per claim).
Despite clear evidence to the contrary, the “compensation culture” myth persists, but nothing is heard about the benefit to the NHS resulting from a successful compensation claim. In the year April 2022 to March 2023, £171,521,246 was recovered and repaid to the NHS and Ambulance Trusts in England, Wales and Scotland for treatment provided following accidents.
Speak to a specialist
If you have been involved in an accident and suffered life-changing injuries and like to speak to a specialist injury lawyer, please get in touch or call us on 0800 316 8892.
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