Compensation received under the Armed Forces Compensation Scheme can reduce or stop entitlement to means-tested benefits. many claiming under the Scheme are on benefits while they wait. The answer is to set up a trust for what is personal injury compensation.
The Armed Forces Compensation Scheme is one of a number of compensation schemes administered by Veterans UK on behalf of the Ministry of Defence. The scheme is for serving and former serving personnel for any injury, illness or death which is caused by service on or after 6 April 2005.
Those in the services may also bring civil claims for compensation. That personal injury compensation can be protected by a trust.
A compensation trust can protect a wide range of payments which “are derived from a payment made in consequence of any personal injury to the claimant…” The term personal injury means more than just a physical injury.
Avoid thinking trusts are different for service and ex-military personnel. If the payment is for a personal injury, it can be protected with a trust.
That means a payment made under an insurance policy can be protected by a trust. There are a variety of names given to policies, like Personal Accident insurance or Permanent Health Insurance. Provided the reason for payment is the personal injury, a trust can be used to protect your ability to claim means-tested benefits and financial support for care.
Even if you do not think you need benefits immediately, there is sense in setting up a trust to help protect your future. A trust will keep your compensation outside the financial assessment for local authority care.