The following Private Client guidance note Produced in partnership with Thomson Snell & Passmore provides comprehensive and up to date legal information covering:
Part of the deputy’s responsibility is making sure that P is receiving all state benefits to which they are entitled.
The main benefits for which P is most likely to be eligible are considered in detail below.
Although some state benefits are means tested, if P’s funds derive from a personal injury damages award, and are managed by a deputy or trustees in a personal injury trust, they will be ring-fenced and therefore cannot be taken into account on assessment. Both the capital and the income generated by the funds should be disregarded for this purpose.
Benefits can be paid to P, their deputy, or another appointed person, for example one of P’s parents. Consideration should be given to P’s ability to manage their benefits themselves. Often benefits are paid every two or four weeks. Although P may have the capacity to manage a small sum themselves for their day-to-day needs, the different payments dates may make it more difficult for them to cope. In this situation, it is probably better to have the benefits paid to the deputy, and for the deputy to establish a regular payment to P at a more suitable rate. This also makes it easier for the deputy to ensure that benefits are paid at the correct rate and frequency.
DLA is a tax
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