Protecting your compensation and benefits
Many personal injury claimants receive welfare benefits due to their injuries. However, if these benefits are means-tested they may be affected by any compensation you receive for your injuries.
You can set up a personal injury trust fund for your compensation payment, so that the value of the trust will be ignored for assessing eligibility to most means-tested benefits and local authority support
The type of trust used for personal injury trusts may vary according to your needs, family circumstances and the possible involvement of the court. It might be:
- A bare trust
- A discretionary trust
- A life interest trust or a hybrid
It is the source of the funds and not the type of trust that determines whether or not it’s a personal injury trust:
- Terminology can vary – they are sometimes called special needs trusts or trusts for disabled people
- Again, it’s the source of the funds, not the title, that is important
For larger sums, the courts may insist on a professional trustee being used or the damages received may have to be managed under the Court of Protection.
Please contact us to discuss how our specialist team can help you set up and manage your personal injury trust.