Compensation for injury will rarely, if ever, provide certainty that a claimant’s needs will be met for life. With the ever-tightening purse strings of Local Authorities, if a claimant is to receive the statutory funding to which they are truly entitled they will need to play a diligent game that amounts to little more than ‘cat and mouse’ to obtain a suitable care package that reflects their need.
COVID-19 and the Phillips curve
Ian Gunn considers the application of the Phillips curve in respect of the decision-making surrounding COVID-19
Sneaky, sneaky: Universal Credit slides a little nearer
Sneaking in, just days before the parliamentary recess, the government introduced regulations allowing the Universal Credit (UC) ‘managed migration’ pilot to begin and for the compensation of certain claimants forced over to the UC system.
Welcome Changes to the Blue Badge Eligibility Criteria
The Blue Badge regulations will be amended from 30th August 2019, in England, for those with a hidden disability which limits their ability to walk safely.
Mixed Age Couples: Changes to Pension Credit and Housing Benefit
New rules came into effect this month for couples who are treated as ‘mixed-age’ under benefit regulations.
Owning up: DWP finally admits official error for their failure to properly assess migrating ESA claims
The Department for Work and Pensions (DWP) made another climb down last month when it accepted the merits of the Judicial Review instigated by Child Poverty Action Group (CPAG) regarding thousands of Employment and Support Allowance (ESA) claimants’ historic entitlement to an income-related ESA award.
Testing 1-2, 1-2.
In our December 2017 blog, we were hoping there would be Good Tidings following The House of Commons, Work and Pensions Select Committee enquiry into the claimant experience of Personal Independence Payment(PIP) and Employment and Support Allowance (ESA) applicants.
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.
A New Year, a new crisis looming in the NHS
A new report, 'NHS continuing healthcare funding', published by the Committee of Public Accounts, highlights the difficulties people face accessing NHS continuing healthcare (CHC).
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.
Good Tidings - will there be some good news for recipients of PIP and ESA?
Hopefully this will increase the chances of improvements to Employment and Support Allowance (ESA) and Personal Independence Payment (PIP).
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.
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.
National Audit Office publishes ‘Investigation into NHS continuing health care’
The National Audit Office (NAO) has published the findings of its investigation into NHS continuing health care (CHC). The National Audit Office scrutinises public spending for Parliament and is independent of government.
Stick or Twist?
This blog considers the changes to the Motability Scheme for clients who do not qualify for the enhanced rate mobility component following reassessment for PIP from DLA.
Fighting for statutory entitlements for care
Compensation for injury will rarely, if ever, provide certainty that a claimant’s needs will be met for life. With the ever-tightening purse strings of Local Authorities, if a claimant is to receive the statutory funding to which they are truly entitled they will need to play a diligent game that amounts to little more than ‘cat and mouse’ to obtain a suitable care package that reflects their need.
Impact of funding cuts on social care provision
A new report published by the Institute of Fiscal Studies (IFS) reveals the extent of cuts to social care provision. Councils across the UK have had their funding reduced by the government each year since 2010, leading to extensive cuts to social care.
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.
Hatrick! Three benefit appeal successes in three days.
There were three good reasons to celebrate in March as PFP successfully represented clients, in respect of their Personal Independence Payment (PIP) appeals, and secured three successful outcomes, on three consecutive days.
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.
ESA: Potential Changes for New Claims in April 2017
From April 2017, the government plans to abolish payment of the work-related activity component for new Employment and Support Allowance (ESA) claims.
HMRC, Tax Credits and the Concentrix Scandal
Following the Parliamentary Work and Pensions Select Committee report in December 2016, The National Audit Office have just published their report into the shortcomings and lessons to be learned from Her Majesty’s Revenue and Customs (HMRC) contract with private outsourcing firm Concentrix.
Changes to ESA and Permitted Work
It is possible for ESA claimants to engage in paid employment, under the ‘permitted work’ rules and retain entitlement and payment of their ESA award. This has proved invaluable to many PFP clients.
Keeping Mum
Refusing child benefit proves detrimental to the mother’s state pension benefits.
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.