We are used to seeing an annual review of, and increase in, the amount of NHS Charges repayable to the Compensation Recovery Unit. However, in these challenging times, the Department of Health and Social Care has determined that a mid-year review and increase is necessary.

On 6 September 2023, DAC Beachcroft received confirmation that, following a short consultation by the Department for Health and Social Care with selected industry stakeholders, ministers have made the decision that (subject to Parliamentary approval) the NHS Charges for England & Wales, Jersey and Guernsey will increase, following the lead of Scotland where Regulations have already been enacted to increase the charges to the same level.

The Charges will apply to injuries suffered on or after 2 October 2023:

Across the board these increases are an increase of a little over 2% on the current tariffs, but they represent a sizable increase given the near 3% increases effective from April this year. Having regard to the exceptional circumstances resulting in the mid-year increase, which is reflective of the continuing economic challenges resulting from high inflation, it is important that this does not set a precedent. We shall keep a watchful eye as to whether or not there are future attempts to increase the tariff mid-year.

In the meantime, compensators will need to ensure that their reserves reflect the increased figures for injuries sustained on or after 2 October 2023.

For more information or advice, please contact one of our experts in our Casualty Injury Team.