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

Compensation from Scottish court and income related ESA

Rosie W
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Welfare rights service - Northumberland County Council

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Joined: 9 February 2012

The client is to receive more than £300,000 awarded by a court in Scotland following the death of her mother in a car accident. I’ve asked them to find out what type of court action it is, waiting for that info.

Is there any possibility this will be treated as personal injury compensation? The client gets ESA (contribution based and income related). I suspect not but worth checking.

The money will be put into a trust for her at some point.

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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Even if it could be classed as personal injury (which I doubt anyway), it’s not arising from a PI to the claimant so can’t see it being disregarded I’m afraid Rosie.

16.  Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant or the claimant’s partner, the value of the trust fund and the value of the right to receive any payment under that trust.
17.—(1) Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.

https://www.legislation.gov.uk/uksi/2008/794/schedule/9

Rosie W
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Welfare rights service - Northumberland County Council

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Total Posts: 391

Joined: 9 February 2012

Thanks Paul - I’m sure you’re right and I thought the same after looking at Schedule 9 - grasping at straws! She’s in an ISL so a fair bit will be going on rent. It’s a hefty sum though.