Personal Injury Trusts

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Personal Injury Trusts

A Personal Injury Trust can be created by you if you have been awarded compensation. It can protect your right to receive means-tested state benefits.

If you have received personal injury compensation you may find that you are no longer eligible for certain means-tested benefits. This can include:

  • Income Support
  • Jobseekers Allowance
  • Employment Support Allowance
  • Housing Benefits

To avoid this happening you can make a Personal Injury Trust, and have your compensation paid straight into it.

How do Personal Injury Trusts work?

Money held in a Trust can only be accessed by ‘Trustees.’ These trustees will usually be you and your partner or a parent. However, it can also be a solicitor in some cases. For instance, when the compensation belongs to a child. When the beneficiary (the person receiving money from the Trust) wants to take out money, all of the Trustees must agree to it. You and your partner can have up to £6000 (between you) outside of the Trust before your benefits will be affected.

When should you make a Personal Injury Trust?

You should consider making a Personal Injury Trust as soon as your compensation is awarded, or if you are due to receive an interim payment of compensation.

For more information please read our ‘Personal Injury Trust FAQ’ here.

If you have any further questions about making a Personal Injury Trust, or would like to arrange an appointment, call us at Oliver & Co on 01244 312306.

Louise Holmes

Louise Holmes

Wills & Probate Solicitor

Sarah Mellor

Sarah Mellor

Wills & Probate Solicitor

Hannah Rogers

Hannah Rogers

Trainee Solicitor