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A Personal Injury Trust is a relationship that is recognisable and enforceable by the court.
When a person, even a child, receives compensation for personal injuries, the child can put that compensation in a trust under the control of others known as trustees.
A Personal Injury Trust is a legally binding arrangement which holds the funds from a personal injury award for a beneficiary. It allows a beneficiary to retain their entitlement to means tested State benefits without having to take their personal injury compensation award into account.
The Trust ring-fences the money from outside influences and opportunists and is therefore particularly beneficial where there is a vulnerable beneficiary. Once the Trust is set up, it provides flexibility and ease of use so that the Trustees simply agree amongst themselves as to what items need to be paid for from the Trust Fund before arranging payment.
Where professional Trustees are involved, the beneficiary will have the advantage of having access to other specialist advisors who have a proven track record in working with such Trusts and which will provide a beneficiary with the support needed throughout their lifetime.
Our Court of Protection services include the following:
Our Personal Injury Trust specialists provide services including:
Boyes Turner is here to help, not only with the creation of the Trust but to advise and support you throughout the ongoing process.
Anyone who is in receipt of means-tested State benefits.
Or who may receive means-tested State benefits in the future should set up a personal injury trust.
Your eligibility for certain assessed government benefits can be affected as a result of a legal claim for compensation or on receipt of an insurance policy payout for personal injury. These state benefits could include:
A general rule is that if the total amount of personal injury compensation received exceeds £6,000 then your benefits will be affected. If the personal injury compensation amount is over £16,000 then you are at risk of losing your benefits entirely.
As your compensation is often to help cover lost earnings or to aid adaptation to your new circumstances and injuries, it is important that your ability to receive benefits is also protected. To help safeguard you and your future, it is possible to place your compensation money in a Personal Injury Trust.
Personal Injury Trusts keep your compensation safe, whilst allowing you to remain entitled to your means-tested state benefits.
The money that is put into a Personal Injury Trust is from when a claim is settled and the person is entitled to receive compensation.
You should only put funds awarded from a Personal Injury claim into the Trust. This could be from a court awarded compensation, an insurance company, a fully negotiated settlement or from a related charity that has been involved in the claims process.
A Personal Injury Trust is an arrangement through which Trustees “hold” a personal injury award for you so that you retain your benefit entitlement. Trustees are chosen by you to look after your assets and act in your best interests. They are often a partner or a parent but can be a solicitor.
Trustees hold your assets for you, and you can call for them whenever you wish. They are responsible for managing the money on your behalf by ensuring the money is invested and distributed according to the rules of the Trust.
There is no minimum number of Trustees, but we recommend you choose at least two. We do not recommend that you are a Trustee of your own Trust. However, you will have power to remove and appoint new Trustees and to end the Trust at any time you feel is necessary.
The 52-week rule is a period of time when the person who has received funds from a personal injury claim has time to sort their means-tested benefits. The first payment from the claim in this period is disregarded and cannot be used for benefits or for care contributions assessments.
This is a legally binding agreement and can be the first interim payment or the full final settlement. The advantage of a Personal Injury Trust is that it is not accounted for, meaning you and your family can continue to get the support you need if necessary.
The first £6,000 of your capital will be disregarded.
Any capital between £6,000 to £16,000 will be treated as generating a ‘tariff income’ of £1 per week for every £250,000 and means-tested State benefits would be reduced by the corresponding amount.
You should set up a personal injury trust within 52 weeks of receiving the first interim payment of your personal injury award.
If you are not on means-tested State benefits then you can set up a personal injury trust at any stage, assuming that you have not combined the funds from the award with any other money.
Usually, Trustees can sign the cheques and transfer money from the Trust account to the beneficiary. We are able to give impartial advice and have contacts with many other professionals such as financial advisors, fund managers, and therapists so that we can offer a comprehensive and holistic service to fully support the needs of a beneficiary.
Furthermore, we are happy to negotiate rates with other professionals so that we obtain the most competitive fees for our clients. Our Trusts consist of more modest trusts to large multi-million-pound trusts but in each case, the client receives a personal and professional service.
Only the money from a personal injury award can be paid into the Trust bank account or a tax refund, which is the result of the investment of funds.
We arrange for investments to be held in the Trustees name, alongside a Trust bank account, so that the income from the investments can then be transferred into the Trust bank account.
Many of the personal injury trust that we prepare are known as ‘bare trusts’. This is one of the more straightforward types of trusts so that Trustees are given the award to hold for the injured beneficiary.
The beneficiary will need to ensure that their own personal account does not go above £6,000 as once again this would affect their entitlement to means-tested State benefits.
The Trust Fund will form part of your estate and be distributed in accordance with the terms of your Will.
Therefore, if you receive an inheritance or win money on the lottery, this cannot be paid into a personal injury trust.
The beneficiary can call for funds as and when they are required, but the Trustees still have a duty to ensure that the money is being paid for the correct purpose. These sorts of Trusts do not have to be registered with HMRC Inheritance Tax Office and the income and Capital Gains are treated as that of the beneficiary.
This means that the beneficiary’s own personal Tax Return should be completed to include all of the Trust’s income and Capital Gains. The Trust arrangement is seen as ‘tax neutral’ so that it does not make any difference for tax reasons whether the monies are in the Trust or in the beneficiary’s own personal bank account. The Trust income and capital is therefore taxed at the beneficiary’s rate.
If you have spent your award within the 52 week period or brought it below the £6,000 mentioned earlier, then you do not necessarily need to set up a personal injury trust.
However, you have to be careful that you only spend your money on things that the authorities who administer your benefits deem reasonable and if they are unreasonable then you could be accused of ‘deprivation of capital’ and a ‘notional capital’ will apply which effectively means that you are deemed as still having the money even if you had spent it and this would affect your benefits.
For example, it may be considered unreasonable if a claimant simply gives the money away to family members, although if you have a formal Loan Agreement then this would probably be deemed reasonable. Repaying formal debts such as credit card balances, mortgage, rent, Council Tax or utility arrears would also not be an issue and these items could be paid immediately without being seen as depriving yourself of capital. It would also be acceptable to buy a new car, although it would be a car in your usual price range. Similarly, buying a property that you are to live in would not be an issue but the capital value of a second property would be included in the capital calculation when assessing your State benefit entitlement.
A Trustee is a person who you trust and they would be the person appointed to look after your personal injury award.
They would be responsible for keeping all records, paying any necessary tax and dealing with the investments related to your personal injury trust.
We are a specialist team who have been setting up and running personal injury trusts for compensation awards for years. As well as being qualified solicitors Boyes Turner are also fully accredited members of the Society of Tax and Estate Practitioners.
We recommend that you have at least two Trustees, as a minimum of two Trustees are required to hold land. We do not recommend that the beneficiary is also a Trustee as this can provide complications at a later stage should the non-beneficiary trustee die.
When acting as professional Trustees we always take advice from independent advisors. A Trustee can be anyone over the age of 18 such as family and friends and they should not be bankrupt or have a criminal record. With larger Trusts, we recommend that a professional Trustee, such as a solicitor, is appointed.
Within the Trusts that we prepare, we always include a clause which allows the beneficiary to appoint and retire Trustees as they wish.
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Our medical negligence and personal injury teams have been nationally recognised for over 20 years because of their expertise, empathy and commitment to securing maximum compensation for our clients.
We have had a very positive experience with Boyes Turner - we had had many months of difficulties with our daughter's previous care provider, alongside our local authority making decisions about future care that were against her best interests. The advice and interventions from our solicitor at Boyes Turner, James Pantling-Skeet, were invaluable in arranging the transfer of care to a much better care provider that we had identified, rather than the choice of our local authority. Several months on, it is an immense relief that we finally have care provision that is meeting the needs of our daughter.
We contacted Boyes Turner earlier this year after we ran into a dispute with our local authority. This was about a social care matter and learning disability. The case was handled with professionalism and tact.
