The Law Society Library lists resources which contain commentary and precedents for personal injury trusts.

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Personal injury trusts

Personal injury trusts ensure that recipients of compensation benefit from specific exemptions within the means tested benefits and care rules so as not too lose any entitlement to means-tested benefits.

If damages are held in trust, the amount in the trust fund will not be considered for calculating benefit entitlement. See the Income Support (General) Regulations 1987, SI 1987/1967, Schedule 9, paragraph 15(5A)(c), and Schedule 10, paragraph 12.

Precedents can be found in :

• Encyclopaedia of Forms and Precedents, Vol. 40(3) (Trusts and Settlements) (2011 reissue), Form 50 : Personal injury bare trust.

• STEP, Trust Drafting and Precedents (loose leaf), Section D1 contains commentary and

D1.8 : Personal injury compensation trust : discretionary form;

D1.9 : Personal injury compensation trust : bare trust.

• Kemp & Kemp, Personal injury law practice and procedure (loose-leaf) Chapter 32,

Appendix 3 : Personal injury trust deed.

Record last checked 22 April 2015.

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Disclaimer

This FAQ is compiled by the Law Society Library. While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.