For information about Personal Injury Trusts and how they protect any current or, perhaps future entitlement to Means-Tested State Benefits/Support, following a personal injury damages award.
Welcome to www.personalinjurytrusts.co.uk
This website helps you with some of the questions about Personal Injury Trusts. We can also help you to set up a Personal Injury Trust. Our online viability service is free, quick and easy to use.
Some Useful Facts about Personal Injury Trusts: -
Upon payment of a personal injury compensation award, entitlement to Means-Tested State Benefits may be reduced or even stopped completely.
Personal Injury compensation awards held in a Trust are disregarded when assessing current or future entitlement to Means – Tested State Benefits/Support.
Not all State Benefits/Support are Means-Tested.
If you are in receipt of Means-Tested State Benefits/Support, you are able to hold certain amounts of capital in your own name. These are known as the “capital thresholds”. These capital thresholds are per household, so if your partner is in receipt of Means-Tested State Benefits/Support, as a result of the payment of personal injury compensation, their entitlement may also be affected.
You have a period of 52-weeks from the date that you receive your Personal Injury compensation award, either an interim payment or a final settlement to establish a Personal Injury Trust. Beyond this 52-week period, if you receive Means Tested State benefits your compensation award counts as capital when they assess your entitlement and you may lose your benefits.
If you receive a Personal Injury Compensation award, and you are receiving Means-Tested State Benefits you are under a duty to notify your local Benefits Agency about your award. You also need to tell them if you decide to set up a Personal Injury Trust with your compensation, but the value of the money in the Trust will be disregarded.
You could consider setting up a Personal Injury Trust even if you are not in receipt of Means-Tested State Benefits/Support in order to protect any future entitlement.
There is no upper limit on the amount that can be placed into a Personal Injury Trust.
Capital held within a Personal Injury Trust is also usually disregarded from the Means-Test for residential care and other forms of Health/Local Authority support including care in your own home.