Q&As

Can compensation for a fatal injury be added to a Personal Injury Trust to protect the recipient's current and/or future entitlement to means tested benefits?

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Produced in partnership with Andrew Wilson
Published on LexisPSL on 16/07/2020

The following PI & Clinical Negligence Q&A Produced in partnership with Andrew Wilson provides comprehensive and up to date legal information covering:

  • Can compensation for a fatal injury be added to a Personal Injury Trust to protect the recipient's current and/or future entitlement to means tested benefits?

A living injured claimant who has received agreed damages or a court award, whether by way of interim payment or final compensation, may enter into a special needs trust (more commonly known as a personal injury trust) to protect their future entitlement to means tested state benefits and, less commonly, to protect the proceeds of the personal injury compensation claim from being taken into account in the assessment of capital in connection with local authority provision of residential care. Is a claimant who recovers damages for the personal injuries suffered by a deceased person, pursuant to section 1 of the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934), able to take advantage of the same facility?

It is very common for a personal injury claimant who has benefitted from a settlement or an award to establish a per

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