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Forum Home  →  Discussion  →  Benefits for older people  →  Thread

NHS Clinical Negligence Pay out / Possible Trust fund affect on Guarantee Pension Credit

dominic3
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Welfare benefits operations manager, DABD(uk), Barking and Dagenham

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Total Posts: 18

Joined: 18 June 2010

Just wondered if anyone may have some guidance for me. We have had an enquiry from a client who was awarded £50k in compensation in March 2016 as the death of her mother was treated as a clinically negligent.

The client advises that the monies is till with the solicitor and they have not yet received anything in writing which explains exactly how it was awarded i.e emotional distress, compensation for fatality. The client advises that it is unclear also whether a trust fund will be set up yet.  There appears to be some communication difficulties with the solicitor.

The monies were awarded between our client and a sibling, their plan is to use if for legal fees to get a proper inquiry into the death.

One option would be to take the monies themselves and hold onto it whilst they get their legal representation sorted- does anyone know if the monies could be disregarded for a period for the GPC?

Or if they do set up a trust how this would affect GPC?

I had had a look in the Disability Rights Handbook and can only really find info on Personal Injury payments.

Thanks

ClairemHodgson
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Solicitor, SC Law, Harrow

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Joined: 13 April 2016

dominic3 - 28 June 2016 01:11 PM

Just wondered if anyone may have some guidance for me. We have had an enquiry from a client who was awarded £50k in compensation in March 2016 as the death of her mother was treated as a clinically negligent.

The client advises that the monies is till with the solicitor and they have not yet received anything in writing which explains exactly how it was awarded i.e emotional distress, compensation for fatality. The client advises that it is unclear also whether a trust fund will be set up yet.  There appears to be some communication difficulties with the solicitor.

The monies were awarded between our client and a sibling, their plan is to use if for legal fees to get a proper inquiry into the death.

One option would be to take the monies themselves and hold onto it whilst they get their legal representation sorted- does anyone know if the monies could be disregarded for a period for the GPC?

Or if they do set up a trust how this would affect GPC?

I had had a look in the Disability Rights Handbook and can only really find info on Personal Injury payments.

Thanks

A PI Trust can only assist the person injured

From what you say, it appears that this was a case brought post mortem. Therefore, a PI trust cannot assist them in preserving any benefits.

The moneys recovered for the deceased estate for PSLA (if any) should devolve per the will/intestacy

the moneys recovered for any dependents, and any Fatal Accidents Act payment, go to the dependents/those entitled to the FAA payment.

Personally, i would always explain to a client how an award was made up - if I know.  sometimes these things are settled just by way of a global figure.  REally it should all be explained in the letter confirming the offer (or confirming the judge’s decision, if it went to trial).

but in the circs you describe, there can be no PII trust.

i would imagine that they don’t have the money yet as the solicitor will still be negotiating the costs.  if it was a Post april 2013 CFA, then the clients will be paying the success fee out of damages, capped at 25% of the damages.  So really they should have had that.  That’s assuming, of course, the NHSLA have in fact paid the compensation yet.

HTH