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Trusts for son with additional needs

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We are at the start of potentially buying a property for our son who has mild additional needs. He does not work (DWP decision not ours). He has had some unfortunate times in private rents and we need peace of mind on his future.
Has anyone experience of Discretionary Trusts/Vulnerable Adult Trusts etc. Can't get out heads around renting a property to him or allowing him to live rent free, and what the effects are on his State Benefit situation.
Any pointers gratefully recieved

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  • Albermarle
    Albermarle Posts: 22,632 Forumite
    First Anniversary First Post Name Dropper
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    You are asking three different things.
    About property, trusts and benefits. So you might have to spread your question a bit wider.

    Benefits & tax credits — MoneySavingExpert Forum
    Savings & investments — MoneySavingExpert Forum ( some legal/finance experts on there)

    Trusts in general are best avoided if possible. Often they are promoted by lawyers but they can be expensive and cost more money than they are worth. Although still the involvement of a solicitor is recommended at some point.
    One exception is a Disabled Persons Trust ( also called a vulnerable beneficiary trust ) which has some exemptions from the usual Trust responsibilities.
    So I think your first step is to find out if your son qualifies for one.

    What is a disabled person's trust? - UK (advisingfamilies.org)


  • Horace92
    Horace92 Posts: 7 Forumite
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    Mencap is a good place to start for disabled person trust (vulnerable persons) you sometimes see both names given.

    If you bought a house for him in a trust then it would have no affect on benefits.  Means testing is only on assets in one's own name.  What matters is you don't give/transfer money into his own personal accounts.

    If he requires in home care then currently ones home is not included in means testing.  If the house is in a trust it would never be considered his asset for means testing( as long as it is a discretionary trust).

     If you bought a property in your own name and rented it to him I'm not sure how it would work in terms of Housing benefit,  you'd have to look at the rules for renting to family. Obviously you are entitled to let him live rent free.
    Upon your (parents) death you could leave the house to a disabled person's trust, i.e not him.  You'd need some trustees to oversee things.  Friends, family, solicitor or mencap have trustee services.
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