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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Gratuitous care payments are they disregarded??

ClareNorrisCOP
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COP Team, Penningtons Manches LLP, Basingstoke

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Total Posts: 2

Joined: 17 October 2018

Hi there, apologies if this isn’t in the right board but basically I was just wondering if anyone could shed light on how gratuitous care payments are treated for UC/means tested benefits like ESA.

I know obviously personal injury moneys can be disregarded but what about where its the parents of the person who was awarded the personal injury payment who are receiving money for care they provide from this settlement. As far as my reading of the legislation goes there doesn’t seem to be anything which would suggest this would be disregarded when working out the parents benefits?

But trawling through google I managed to find an article written by a benefits specialist stating that all gratuitous care payments paid to parents for their child from the child’s personal injury settlement can be disregarded so I’m really not sure?

If anyone could give me any thought that would be great, thank you

ClairemHodgson
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Solicitor, SC Law, Harrow

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Total Posts: 1221

Joined: 13 April 2016

if i understand you correctly

1. the protected party recovered compensation
2. part of that compensation is used to give to his/her parents for care they provide to him/her
3. the parents are on benefits (presumably carers allowance for at least one of them?)