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Compensation for care needs
My client has a trust fund with £650000 set up from a medical compensation award. Apparently this is to help and assist with care needs arising from the medical mishap. Would this preclude her from claiming PIP daily living component?
That won’t prevent her from claiming PIP.
However, in some circumstances compensation can be reduced to take account of benefits paid (including PIP). I’m not an expert in this area, but the size of the compensation fund suggests a serious level of injury so it seems likely that entitlement to benefits would already have been anticipated and taken into account when setting the level of compensation.
See Chapter 51 of the Disability Rights Handbook if you have it.
PIP is not a means tested benefit so will not be affected.
given that you say her money is in a trust, this should be a PI trust and so any means tested benefits will also not be affected. her solicitor should have advised about setting up trust when settling the claim and there should be appropriate paperwork etc. she should probably also get some financial advice, if she hasn’t already, about how to best invest it to make it last.