criminal injuries compensation.
client received compensation.
Is this diregarded for 52weeks?
Yes, the 52 week disregard applies, as the claimant is being compensated for a personal injury suffered as a result of a criminal act.
The 52 weeks starts from the date when the claimant receives the payment, giving a grace period during which time a trust fund can be set up, an annuity purchased or the money spent.
A couple of qualifications….
If compensation is payable by way of periodic payments, such payments are income, not capital.
Separately to the above, the 52 week disregard only applies to the FIRST payment. If an interim payment is made, any subsequent payment for the same injury cannot be disregarded.
All of the above assumes no trust has been set up - that may well be the sensible route if the amount of compensation is substantial.
my client has received two payments.
Her mother was murderd and she has received one payment for herself and one for her deceased mother.
HB need to clarify why second payment received before they will consider disregarding this one.
The following may appear rather cold and detached and unfortunately is not good news.
Based on the new info, it’s difficult to see how ANY of the compensation can be disregarded. If the LA does in fact disregard any of it, my view is that that would be an error.
The disregard for “personal injury” expressly relies on the injury being to the claimant or the claimant’s partner. In this case, harsh and unpleasant as it may be, the “injury” was to a third party and, on that basis, there is no disregard in terms of “personal injury”.
that was my fear of the awards..
client doesn’t want to keep the money and wants to give it away..