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Forum Home  →  Discussion  →  Housing costs  →  Thread

Criminal Injuries Compensation Scheme Lump sum payment - the affect on HB and IR ESA

Andyp5 Citizens Advice Bridport & District
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Am i right in thinking that the money should actually be disregarded by the LA and DWP for 52 weeks from the date of payment. After 52 weeks it is then treated as capital. see legislation below.

1. Schedule 6 Paragraph 14A Housing Benefit regulations 2006

2. Schedule 9 Paragraph 17 ESA Regs 2008

ClairemHodgson
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put it in a PI trust within 52 weeks of payment, no further problem

https://www.criminal-injuries.co.uk/personal-injury-trusts-and-why-you-might-need-one-cica-claims/

ClairemHodgson
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but if it was never put in a trust at all, it will always count.

it’s really a function of how much is awarded, where that is in terms of the capital limits

also be aware it costs about £750 (depending who you ask) to set up such a trust which the client has to pay.  i usually use Frenkel Topping, who have a specliast team, but there are other specialists in setting these up.

Andyp5 Citizens Advice Bridport & District
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ClairemHodgson - 03 May 2019 02:32 PM

but if it was never put in a trust at all, it will always count.

it’s really a function of how much is awarded, where that is in terms of the capital limits

also be aware it costs about £750 (depending who you ask) to set up such a trust which the client has to pay.  i usually use Frenkel Topping, who have a specliast team, but there are other specialists in setting these up.

At this stage it was the 52 week disregard we were immediately concerned with because HB claim closed and IR ESA suspended, but the link and subsequent advice is really handy for the next stage.

ClairemHodgson
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i always try to get a trust in place before money actually received (or before, at least, giving it to client) but that’s not always doable of course.  hopefully you have enough of the 52 weeks left to get the trust set up.

Andyp5 Citizens Advice Bridport & District
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ClairemHodgson - 03 May 2019 03:55 PM

i always try to get a trust in place before money actually received (or before, at least, giving it to client) but that’s not always doable of course.  hopefully you have enough of the 52 weeks left to get the trust set up.

The offer was in the last few weeks, she replied and accepted it straightaway, but not had a response as of yet.

 

ClairemHodgson
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Andyp5 Citizens Advice Bridport & District - 03 May 2019 04:17 PM
ClairemHodgson - 03 May 2019 03:55 PM

i always try to get a trust in place before money actually received (or before, at least, giving it to client) but that’s not always doable of course.  hopefully you have enough of the 52 weeks left to get the trust set up.

The offer was in the last few weeks, she replied and accepted it straightaway, but not had a response as of yet.

 

:-)
get trust in place ASAP, then…..