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Services for Professionals

Personal Injury Trusts

WHAT IS A PERSONAL INJURY TRUST?

A personal injury trust is a legal arrangement whereby ‘trustees’ hold and manage a personal injury award for a ‘beneficiary’, to ensure that the beneficiary:

  • retains their entitlement to means-tested benefits, and/or
  • minimises their contribution towards the costs of ‘community care support’ provided by their local authority social services department.

This is because regulations state that personal injury awards held in this way are to be disregarded when assessing entitlement to means-tested benefits and contributions towards community care costs.


Common Question: Which benefits are means-tested?

For people aged under pension age, means-tested benefits are:

  • Income Support
  • Income-based Jobseeker’s Allowance (JSA)
  • Income-related Employment and Support Allowance (ESA)
  • Housing Benefit
  • Council Tax Support (also known as ‘Council Tax Reduction’)
  • Universal Credit

From April 2013, there also began a phased introduction of ‘Universal Credit’, which is to replace Income Support, Income-based JSA, Income-related ESA, Housing Benefit, Child Tax Credit and Working Tax Credit for people aged under pension age.

For people aged over pension credit age, means-tested benefits are:

  • Pension Credit (Guarantee Credit)
  • Housing Benefit
  • Council Tax Support

Frenkel Topping Client

Alec has patiently explained every detail to me and my trustee. Treating me with sincere respect. The service I have received is better than any company I have ever dealt with. I have been supported me the whole way and will continue to recommend Frenkel Topping to friends and family for the rest of my life.