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A Practical Guide to Personal Injury Trusts

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A Practical Guide to Personal Injury Trusts

Name: A Practical Guide to Personal Injury Trusts
Brand: Law Brief Publishing
SKU: 9781911035084
Availability: InStock
Author: Alan Robinson
ISBN: 9781911035084

By Alan Robinson

Law Brief Publishing November 2016

Specifications

ISBN-13: 9781911035084
Publisher: Law Brief Publishing
Publication: November 2016
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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Personal injury trusts were originally created as a response to the capital rule in means tested social security benefits. Put simply, this rule denies certain means tested benefits to those with capital in excess of a certain amount.

This then creates a problem for the existing benefit claimant who receives a sum of capital, in that he or she will on the face of it be immediately deprived of access to his or her benefits. This would be the case in the event of a windfall such as a legacy or lottery win; and this can be seen as supporting the reasoning behind the rule in the first place.

The state should not support someone who has adequate resources of their own. In order for the rule to apply, the claimant must be able to gain access to the money, so that, for example, a legacy which is set out in the form of a discretionary trust will not of itself invoke the rule.

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