A personal injury trust can protect most payments made in consequence of a personal injury
The regulations which govern entitlement to means-tested benefits tell us what sums are taken into account and which are ignored. Among those ignored are “any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.”
The injury can be physical, psychological or psychiatric and need not be caused by a single physical incident.
So a personal injury trust can protect compensation for a personal injury plus many other payments “in consequence” of a personal injury. Here are a few examples, but this list is not complete:
- Compensation received from the Criminal Injuries Compensation Authority (CICA) for injuries caused by an assault.
- Compensation from the Motor Insurers’ Bureau for injuries caused by an uninsured or untraced motorist.
- Compensation for an accident which happened abroad.
- Compensation ordered by a criminal Court in respect of an injury you suffered.
- An Armed Forces Compensation Scheme award.
- Payments from other government compensation schemes.
- Charitable or public donations following an injury.
- Payments from insurance policies, for example accident or travel insurance.
- Payments from a Permanent Health Insurance policy made as you cannot work due to a physical or psychological condition.
- Payments from a professional negligence claim paid to compensate for a poorly handled personal injury claim.
- Some Employment Tribunal awards.
So you will se,e it is not just money from a personal injury compensation claim which can be protected by a personal injury trust. As I say the list above is not complete, but it allows you to see the breadth of protection available to allow you to claim benefits and local authority support for care.
If you are able to add to this list of payments in consequence of a personal injury please leave a comment below.