What is an Interim Payment?
An interim payment is part payment or a payment on account of your compensation, which is made in advance of any final settlement. The amount that you obtain as an interim payment will be subtracted from the overall sum payable by the defendant at the conclusion of your carse.
An interim payment may be made by agreement with a defendant, but if they refuse, it may be required to apply to the Court for an order. This is only possible once Court proceedings have been issued.
When can you get an interim Payment?
In order to get an interim payment, you must show that the defendant is expected to be found solely or partly accountable in law for your injuries and financial losses.
In the majority of cases, a Defendant's liability can be agreed or negotiated without the need for a trial. From time to time, an admission of liability is received early on and if so an interim payment can be made at an early stage.
The size of any interim payment will depend on the likely total value of your claim. An interim payment cannot surpass a sensible share f the overall likely awarded compensation.
What can is be spent on?
Although you are not under a duty to explain why you want the money or what it will be spent on, the Defendant and/or Court is more likely to grant an interim payment if the money will be put to worth use.
For example, interim funding might be used ti pay for specialist therapy, for adaptations to your accommodations, to set up care support in the home, to buy aids and equipment (e.g. wheelchair), or an adapted vehicle.
Interim payments may be applied for to replace your loss of earnings so as to allow you to pay vital bills, and to try to uphold the lifestyle that you and your family were used to enjoying before your injury.
State Benefits
If any money is due to be repaid from your compensation to the Compensation Recovery Unit, then this will be subtracted from any interim payment awarded to you. This will be taken into consideration when we work out how much money we should request on your behalf.
If you are in receipt of state benefits which are means-tested (i.e. your income and savings are taken into account when evaluating whether or not you are entitled to the benefit), then an interim payment might mean that you cease to be entitled for that benefit. We would need to discuss this to ensure you continue to receive your state benefit.
