We recommend you do that through personal injury trusts, because in some in circumstances means tested benefits such as income support, housing benefit, income based job seekers allowance, and council tax benefit etc can be affected when you receive compensation.

Your compensation need not cut your means-tested benefits

Protecting your benefits with a Personal Injury Trust means you receive your compensation and retain your means-tested benefits entitlements indefinitely.

This is perfectly legal and acceptable to both the Department of Work and Pensions and local authorities. The regulations treat Personal Injury Trusts in a special way so you're able to retain entitlement to your means-tested benefits.  But the special rules only apply if you decide to 'opt in'.  This means setting up a Personal Injury Trust. 

Your compensation can be protected from the cost of long-term care fees when you get older.  Even if you don't get means-tested benefits now, the ability to retain means-tested benefits as well as your compensation can be of great value to you and your loved ones in the future. 

Your care at home

Charges for care in your own home - rather than in a local authority care home - is subject to local authority discretions. But in our view, they should disregard your compensation award if it is placed into a Personal Injury Trust under the Fairer Charges Guidance.  This is what the rules say.

Protecting your benefits for you and your family

If at some point in the future you're unable to look after your compensation yourself, you have the peace of mind of knowing that your trustees will look after things for you and your loved ones.

Why choose Access Legal from Shoosmiths?

• Specialist advice - you need specialist advice to get the best deal for you and your loved ones.  We work closely with our specialist Private Client team, which in turn will work with you to ensure we secure the best deal for you after you receive your personal injury award. 
• Financial matters - we can work with you and your independent financial advisor to help you secure the best possible financial security after you receive your compensation. 

What do you need to do when you have your compensation?  If you place your compensation into a Personal Injury Trust, you can decide how much income is needed to pay your outgoings.

Your compensation monies can be invested in the trust for you.  If you wish, we can also prepare a Will and other protection for you and your family as part of a package deal

Our specialist team of lawyers will be happy to discuss protecting your benefits on an informal basis.

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