Post injury, many clients will find their existing home unsuitable for their needs, possibly due to the impact of a disability or a need to relocate closer to the support network of family and friends. Those able to hijack their other heads of loss to secure a suitable property once the effect of Roberts-v-Johnstone has taken its toll, may have a myriad of decisions to consider in aiming to maximise their position and financial protection. This blog considers some of these options.
Establishing a personal injury trust (PIT) where capacity to establish a trust is absent
James Rooney sets out the perfect solution to the LPA problem
Choosing the Right Solicitor to Purchase Your Property within a Personal Injury Trust
Conveyancing solicitors are all the same, aren’t they? Wrong.
Social Care Financial Assessments and Personal Injury Disregards
The Local Government Ombudsman (LGO) recently issued a very clear statement to local authorities regarding personal injury disregards and Deputyship cases during the financial assessment process for adult social care.
Working together
All too often specialists in their respective fields focus on their own discipline, or a problem at hand. Bringing these various disciplines together to produce a collegiate plan is necessary if the most beneficial long-term outcomes are to be achieved.
Timing of Trust Establishment – Part 2
To reiterate the importance of considering trust advice at the most appropriate time, the following case study highlights one of the issues of deferring advice to too late a stage
Changes to the Work Capability Assessment for ESA and UC claimants
The government has recently announced changes to the reassessment criteria for the Work Capability Assessment (WCA) for some Employment and Support Allowance (ESA) and Universal Credit (UC) claimants.
Personal Injury Trusts – Getting Your Property in Order (post-Tribunal update)
For any regular visitors to the PFP blog page you may recall an article from 9th February 2017 dealing with the issue of placing properties within personal injury trusts and the room for error if suitable advice is not sought. This article sets out the journey through the Tribunal appeal and the decision notice issued.
The sequel is never as good as the original
MiFID II is set to be implemented on 3rd January 2018. What is it and what does it mean for investors?
Providing details of a PIT when applying for benefits
An interesting decision from the High Court indicates that clients with a Personal Injury Trust must provide whatever proof the council requests to support an application for Council Tax Reduction/Support.
What happens to my personal injury trust when I die?
This blog considers the answer to one of the questions I am asked most often.
The New Trust Register - what it might mean for you
The new Trusts Register will provide a single point of access for trustees and their agents to register and update their records online, replacing the current paper 41G (Trust) form and the ad hoc process for trustees to notify changes in their circumstances.
Letting a property held via a Personal Injury Trust
This blog considers the issues with regard to purchasing a property for a family carer to live in and claim Housing Benefit to pay the rent.
Funds held on client account and the effect on means-tested support.
Holding clients' damages on client account can be a wholly reasonable thing to do, but beware the potential impact on benefits entitlements.
Personal Injury Trusts – Getting Your Property in Order
Post injury, many clients will find their existing home unsuitable for their needs, possibly due to the impact of a disability or a need to relocate closer to the support network of family and friends. Those able to hijack their other heads of loss to secure a suitable property once the effect of Roberts-v-Johnstone has taken its toll, may have a myriad of decisions to consider in aiming to maximise their position and financial protection. This blog considers some of these options.
Personal Injury – The Importance of Estate Planning
This blog considers the importance of estate planning when meeting the needs of personal injury claimants post-settlement.
Prudential Regulation Authority propose to reset the deposit protection limit
As reported by the Bank of England on 21st November 2016 the PRA have set out proposals to reset the deposit protection limit to £85,000, with effect from 30th January 2017.
One-stop shop stop?
This blog considers the implications of the decision of Norris J in OH v Craven
St Helens MBC to challenge personal injury disregards for residential care
St Helens refuse to accept the Local Government Ombudsman's ruling that they must disregard personal injury damages held under the Order of the Court of Protection in respect of domiciliary care.
Deputyship and trusts at the Court of Protection
The case of Watt and ABC at the Court of Protection raises some very interesting issues with regards to the use of trusts rather than Deputyship for Protected Beneficiaries.