Personal injury trust fund

I need a personal injury trust fund.

I am often asked how to set up a personal injury trust fund. The question is asked by people who are settling personal injury compensation claims and are worried they may lose their means tested benefits.

You will be relieved to know you can legitimately keep your benefits and compensation. What you must do is set up a trust to hold the compensation, often called a personal injury trust. The trustees then open a separate bank account, so the compensation is held separate from your personal funds.

A trust is created by a trust deed, a legal document, which states the purpose of the trust and appoints trustees to manage the compensation.

Benefit regulations allow compensation to be held in a trust, it being accepted compensated people have not won the lottery. Compensation has been paid for injury, financial loss and future needs. Provided you keep and use the compensation separate from your personal funds, in a trust, the compensation will be ignored when assessing your finances for benefits or local authority care. This is a generous allowance and should be used by all compensated people who currently claim means tested benefits, or who are likely to claim such benefits in the future. The same applies if you will need local authority care.

To help you decide if you need a trust read more here.

How much a trust will cost and how I can help is explained here.

Pros and cons of setting up a personal injury trust are explained here .

Help on personal injury trust 0330
Call 0330 223 1708 at land line rate

Do not be put off by the terminology. A trust is a device to hold the compensation. You are simply asking trustees to manage the compensation for you. You can be a trustee yourself. A trust for compensation is a positive legitimate arrangement, not a problem. Read more.

For help without obligation please call 0330 223 1708

About Mark Thompson

Personal injury and accident specialist solicitor
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16 Responses to Personal injury trust fund

  1. Kim says:

    Hi. I’m a single mum on universal credits and I’m awaiting a payment for a small car accident last year. Figures havent been decided yet but I’m guessing it wouldn’t be more than £3000/£3500. What would be the best thing for me to do? I owe about £1000 in different Bill’s and then was hoping to treat my kids as universal credit doesnt really allow for any money left over at the end of the month. Will I be able to just use this over the year as it would be well under £6000 or will I still have to tell the benefits office and get permission?

    • Mark Thompson says:

      You can hold up to £6,000 and still receive full Universal Credit.
      If the money you hold, plus the compensation, leaves you safely below the £6,000 limit, you do not need to set up a trust for the compensation.
      You must tell the Department for Work and Pensions about the compensation. If you receive Council Tax Reduction you should also tell your council.
      If you spend the money in a way the DWP does not accept as reasonable, you will still be treated as having that money. That will not be a p[roblem if as I say, your total funds including the compensation, are safely below the £6,000 limit. If you are close to that limit, we should have a chat.

  2. Victoria says:

    Hello Mark, I am on benefits and have recently had my claim valued. The solicitor company sought advice form an independent barrister for this and was informed the claim will be worth 24-30k however this is before gathering all medical reports. I have a few questions I would really like your help, firstly I do no agree with the prognosis of the report received however my solicitors say this is favourable and I should go ahead with it. Secondly, I am thinking of asking about an interim payment. Would I be able to have say 5k transferred to my bank account which would leave me below the benefits threshold for savings and then once a final settlement had been reached, open a bank account and create a trust for the rest of the money to be deposited? Lastly, if this was not possible and it all had to go into the trust, how would I be able to spend it for cosmetic surgery, new clothes and home improvements for example? If only a cheque book is allowed. Many thanks

    • Mark Thompson says:

      If you think the medical opinion is not correct, discuss with your solicitor if another opinion can be obtained and who will pay for that opinion. It is not an easy process, but have the discussion.
      Provided your personal funds are low, you can receive an interim payment which leaves total funds below the £6,000 line. Expenditure will be analysed as to its reasonableness for someone in receipt of benefits. If expenditure is not treated as reasonable, you will still be treated a having the money you spent. This is why repeated interim payments, without a trust in place, are a bad idea. If a second interim payment is offered, set up a trust and have the money paid into the trust. The safety first approach is to set up a trust for the first interim payment.
      The bank account your trustees will set up will allow expenditure by cheque and bank transfer. Bank accounts for trusts are developing, so internet banking may also be available. To pay for medical services, one of those options should be acceptable.

    • Melinda says:

      Hi Victoria, I will share with you my personal experience of a similar situation with the initial medical report received which is used to file and justify a case in court. I did not agree with the initial report however I was told it was favourable and did not need to be exact as appropriate medical experts would be hired later. The initial report was needed to get my case filed. I eventually deferred to the advice I was given. Shortly thereafter the case being filed, the defendants accepted liability but what followed was a nightmare in order to get the costs of the case down. The initial medical report was used against me by the defendants to discredit and play down the severity of my injuries. You need to keep in mind that the legal counsel’s job for the defendant is to save their client money and they will do that to the best of their ability regardless of what the truth is. Had I known the initial medical report would be a spanner in my case, I would not have accepted it. This report weakness led them to continue questioning the validity of all my evidence even very solid evidence. There was very bad professional form involved but in the end, all of the legal game playing cost my case in value. While your advisors are not allowed to ask the medical advisor to make changes, they can put forward enquiries as to why something was not included or why something was to get a better understanding. This may get the medical advisor to rethink his report and voluntarily make adjustments especially as the appointments with the injured party are usually very brief. Or you may just want to get another opinion. My advice is to ask what the real risks are at every stage and to realise that all choices have a cost risk. You are in charge of your case and your counsel have to follow your decisions. I hope it goes well for you.
      Best wishes.

  3. Victoria says:

    Hi Mark,

    I am in the process of a PI claim and am looking to make a trust deed in preparation for opening an account to receive the compensation. My question is regarding spending and what should be considered reasonable, and how can the funds be spent in terms of how purchases will be made? I was hit by a car on a zebra crossing at 5 months pregnant. Thank you

    • Mark Thompson says:

      I suggest you set up a trust when you know an interim payment is to be made, or final settlement has been reached.
      The trust holds the compensation separately from your personal money. The trust should not be used for what your benefits are intended to cover and, beyond that, the trust money can be used and/or invested, very much as you wish. Investments must be held by the trust and expenditure must be made direct from the trust.

  4. Melinda says:

    After receiving a PI payout which is put into a Bare Trust, if one goes back into work, is there a threshold on earnings before the benefit of the trust is lost? I understand that there is a threshold before one loses benefits but does this also apply to the funds safeguarded in the trust as well? Or is the trust always protected from tax?

  5. Lyns says:

    Hi,
    I recently settled a claim with my former employer through mediation and am due to receive a lump sum shortly. Two thirds of the payment cover personal injury. Am I allowed to put the whole amount in a Personal Injury Trust?
    Thanks.

    • Mark Thompson says:

      A payment made in consequence of any personal injury can be held in trust and protected for benefit purposes. The injury can be physical or psychological.
      It is the reason for the payment which matters, not the label applied to the compensation, or parts of it.
      Send me an email with full details of the case and I will be able to say yes or no.
      You can read more about the range of compensation payments which can be held in a personal injury trust here.

  6. Rach says:

    Hi Mark,

    Can compensation from abuse be put into trust in the same way as PI compensation?

    And is there still a 52 week disregard under Universal Credit?

    • Mark Thompson says:

      Compensation for abuse is paid “in consequence of a personal injury” whether the injury be physical or psychological. So yes, such compensation can be held in trust.
      The 52 week disregard applies to Universal Credit claimants, but remember, the 52 week period is a period of grace to set up a trust, not a period in which to spend the money.
      Read more about the 52 week disregard here.

  7. Andy says:

    Hi Mark

    A rather complex situation. I am a trustee on my mother’s PI account (she is the other one). I’m currently in severe financial straits. I have spoken to the Citizens Advice Bureau, they have suggested bankruptcy, but they have also said I should get my name removed from the trustee account. How would you go about this? Especially if you consider I DO NOT want mum to find out about my financial position?

    Thanks

    • Mark Thompson says:

      Bankruptcy is not my field, but I do not think being bankrupt means you cannot be a trustee, unless the terms of the trust mean you are disqualified.
      You are a trustee, so the trust fund is not yours, so is not at risk in your bankruptcy.
      I would go back to whoever advised you and find out their reason.
      You could retire as a trustee, but you will have to give mum a reason, whether it be true or false. Why not tell her?

  8. Jez Brandon says:

    If a PI trust is set up and money is drawn to eg buy a car, can that amount be paid back into the trust at a later date. ie can it be in effect considered to be a loan. Thanks

    • Mark Thompson says:

      A trust may only make a loan if the trust deed includes that power for the trustees.
      If the trust makes a loan which is repaid, the trust may receive that repayment and any interest. That is no different from the trust cashing in an investment.
      A loan made to the beneficiary of the trust should not be paid to the beneficiary, as once out of the trust the money will be seen as belonging to them for benefit purposes.
      The loan arrangement, which should be documented in writing, is quite different from simply adding personal funds to the trust. If your trust is for personal injury compensation, it may only receive personal injury compensation.

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