Q&As

If a claimant has spent their interim payment money on purchasing a house within the 52-week disregard, can the house later be transferred into a Personal Injury Trust set up after the initial 52-week period?

read titleRead full title
Published on LexisPSL on 24/10/2016

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • If a claimant has spent their interim payment money on purchasing a house within the 52-week disregard, can the house later be transferred into a Personal Injury Trust set up after the initial 52-week period?

If a claimant has spent their interim payment money on purchasing a house within the 52-week disregard, can the house later be transferred into a Personal Injury Trust set up after the initial 52-week period?

It is important to establish the assets of a trust as when assessing capital for means tested benefits and care in a residential setting, ‘a payment made in consequence of personal injury’ that is held in trust is disregarded under paragraph 12 of Schedule 10 to the Income Support (General) Regulations 1987(IS(G)R 1987), SI 1987/1967 (IS(G)R 1987, SI 1987/1967, Sch 10, para 12). That disregard carries over into the other means tested benefits.

The 52 weeks runs from the first payment so the client has 52 weeks from the date of the interim payment. So the question is, here, does the house represent an acquisition that will pass scrutiny by the benefits

Related documents:

Popular documents