Discretionary trusts and DWP

Marble28

Does anybody have recent experience of how DWP now treat discretionary trusts primarily for those on means tested benefits 

I am a trustee  for a will trust that was set to protect family members with severely compromised  health issues and unable to work. This is likely to come into effect in the next few months.

We have become aware that the rules may have changed and these may be more longer accepted.
Even our solicitor seems unclear 

Any guidance or direction to support gratefully received 

TimeLord1

Means-tested benefits consider an individual's income and capital to determine eligibility. The core question is whether the assets in a discretionary trust are treated as the beneficiary's capital.


Generally, if a beneficiary does not have absolute entitlement to the funds in a discretionary trust, the trust assets themselves are not usually treated as the beneficiary's capital for means-testing purposes. 

HillStreetBlues

Marble28 said:

Does anybody have recent experience of how DWP now treat discretionary trusts primarily for those on means tested benefits 

I am a trustee  for a will trust that was set to protect family members with severely compromised  health issues and unable to work. This is likely to come into effect in the next few months.

We have become aware that the rules may have changed and these may be more longer accepted.
Even our solicitor seems unclear 

Any guidance or direction to support gratefully received 

Full details about the Trust is needed