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Setting up a Personal Injury Trust is a perfectly legal procedure, accepted by both the Department of Work and Pensions (DWP) and local authorities and can 'ring fence' your compensation award in a personal injury claim or in medical negligence cases.
There is no upper limit on the amount that can be placed into a Personal Injury Trust but there are different types of Trust. Access Legal can ensure that the right type is set up and that your Trustees fully understand their duties, which may include the obligation to submit an annual tax return in some cases.
You have 52 weeks from the date that you receive your personal injury compensation award (either an interim payment or the full final settlement) to establish a Personal Injury Trust. After 52 weeks, if you haven't set up a Trust, your compensation award will count as capital when you are assessed by the DWP and you may lose all your current benefits as well as future entitlement to state support.
Setting up a Trust also gives you the reassurance of knowing that your Trustees are able to look after things in case you're unable to do so yourself for any reason. There are various considerations to be looked at when setting up a Trust, not least who to appoint as Trustees. You can be a Trustee, but you need someone - a friend, family member or professional adviser - to act with you.
Personal injury compensation awards held in a Trust are disregarded when you are being assessed for means-tested state benefits. Not all benefits are means-tested of course, but some may have a means tested component. If you get any of them, you have a duty to notify your local Benefits Agency about your compensation award if it is not placed in a Trust, which could affect your entitlement.
I am National Head of the Personal Injury team in Access Legal, I have been a personal injury lawyer for over 26 years and I act for individuals who have sustained injuries that have had a significant impact on their quality of life and a lasting impact on their families.View full profile
'You need to have a legal team who are caring, who you absolutely trust and who will tell you the truth. Certainly from our point of view Denise Stephens from Access Legal has been absolutely amazing.'
Access Legal will guide you through the entire process of deciding the right type and setting up a Personal Injury Trust. Call us and we can discuss your situation and offer our specialist help.Why Access Legal