UC claim with personal injury compensation bare trust problem

Evaboo100

UPDATED 20th May WITH SOLUTION 👍

Hello.

I am about to go through 'Managed migration' (not voluntary) from ESA to UC shortly, and have begun completing the online claim form.

I have a personal injury compensation bare trust and associated trust bank account from 2024.

(The funds are disregarded from DWP's capital rules through being in a trust, and DWP are already aware of the compensation)

The UC claim form doesn't seem to cover my situation, and as DWP staff aren't up to speed on more unusual situations, I think my claim will be affected.

I received a single compensation payment in 2024, and I will not receive further payments. The case is closed.

The UC form started off fine, asking if I have asking if I have any money from a personal injury claim (which I ticked) but then asks:

"How much DO you receive in compensation payments?" 

If it said 'DID', then there'd be no problem.

I do not receive income from the trust account, but that is being presumed. The example given is £100.50.

If I add the lump sum amount I received, that won't be correct as it's not asking for that, and the box does not allow £0.00 to be added for the scenario given.

There is no where in the form to add further info to clarify, it is very simplified. These are the only two questions on compensation, then that section is finished. Pics have been added.

I need to re-declare the total sum awarded, but can't see how without it looking like I have regular huge sums coming in.

Has anyone else been in the same situation? 

What did you do re the figure box, and what struggles did you have with being understood down the line?

Thanks

HillStreetBlues

I think it's just badly worded, it might become clear on the next screen (after continue), as it will be a mixture of did or do depending on what it is.
Income wouldn't really matter, as it's in a PI Trust any income is disregarded, money taken out of the Trust would just be classed as capital.

8dayweek

You’d answer No as that question is about other Income you’re receiving. You’re not receiving any Income (from the PI trust at least). 

You’d need to enter it under the Savings part, then tick the box about disregards applying. 

Evaboo100

HillStreetBlues said:

I think it's just badly worded, it might become clear on the next screen (after continue), as it will be a mixture of did or do depending on what it is.
Income wouldn't really matter, as it's in a PI Trust any income is disregarded, money taken out of the Trust would just be classed as capital.

When I click continue, that's it done. That section is then completed 😔

Evaboo100

8dayweek said:

You’d answer No as that question is about other Income you’re receiving. You’re not receiving any Income (from the PI trust at least). 

You’d need to enter it under the Savings part, then tick the box about disregards applying. 

I've done the general savings section, and that's what took me to the compensation question in my pic which mentions the money could be disregarded.

I click continue and then I am then taken to the problem section where I have to input a figure.

It seems fine here below and makes sense, but the follow on page I'm taken to doesn't.

HillStreetBlues

Evaboo100 said:

HillStreetBlues said:

I think it's just badly worded, it might become clear on the next screen (after continue), as it will be a mixture of did or do depending on what it is.
Income wouldn't really matter, as it's in a PI Trust any income is disregarded, money taken out of the Trust would just be classed as capital.

When I click continue, that's it done. That section is then completed 😔

Then it's certainly sounds like it should be "did" rather that "do" as you have pointed out and the wording is incorrect

Evaboo100

HillStreetBlues said:

Evaboo100 said:

HillStreetBlues said:

I think it's just badly worded, it might become clear on the next screen (after continue), as it will be a mixture of did or do depending on what it is.
Income wouldn't really matter, as it's in a PI Trust any income is disregarded, money taken out of the Trust would just be classed as capital.

When I click continue, that's it done. That section is then completed 😔

Then it's certainly sounds like it should be "did" rather that "do" as you have pointed out and the wording is incorrect

True, but if I add the full compensation figure, it'll look like that money is coming to me regularly.

There's a Citizens Advice number to call for help with completing the claim over the phone, but from previous experience with them, they won't know what to do either 😔

HillStreetBlues

Evaboo100 said:

HillStreetBlues said:

Evaboo100 said:

HillStreetBlues said:

I think it's just badly worded, it might become clear on the next screen (after continue), as it will be a mixture of did or do depending on what it is.
Income wouldn't really matter, as it's in a PI Trust any income is disregarded, money taken out of the Trust would just be classed as capital.

When I click continue, that's it done. That section is then completed 😔

Then it's certainly sounds like it should be "did" rather that "do" as you have pointed out and the wording is incorrect

True, but if I add the full compensation figure, it'll look like that money is coming to me regularly.

There's a Citizens Advice number to call for help with completing the claim over the phone, but from previous experience with them, they won't know what to do either 😔

I wouldn't think so as there is no question about frequency of payments, so for me it can only be a one off payment.
But even if it they thought it was more than one payment, it would still be disregarded as it's a PI in a Trust.

It would be handy if you can report anything find, as I will be setting up a PI Trust in I hope the not to distant future.
If you would like to share how setting up a PI Trust bank account went and who with I would be grateful as most info on here is fairly outdated.

Spoonie_Turtle

If you can't get any firm answers would it let you put in £0.01?  While not fully accurate, it would be better than being stuck and it's very close to the reality of 0. 

Ultimately UC is calculated based on your circumstances at the end of each assessment period, it doesn't make deductions for nonexistent payments even if you were to tell them you were expecting anything.

Evaboo100

Spoonie_Turtle said:

If you can't get any firm answers would it let you put in £0.01?  While not fully accurate, it would be better than being stuck and it's very close to the reality of 0. 

Ultimately UC is calculated based on your circumstances at the end of each assessment period, it doesn't make deductions for nonexistent payments even if you were to tell them you were expecting anything.

I suppose I could add £0.01, but that could set off alarm bells.

As DWP were legally informed of the compensation by my solicitor a year ago, and their CRU dept sent me a certificate, I'm wondering if I should inform them again.

Apparently the journal opens once the claim is submitted, and I can add a note explaining the situation.

Evaboo100

HillStreetBlues said:

Evaboo100 said:

HillStreetBlues said:

Evaboo100 said:

HillStreetBlues said:

I think it's just badly worded, it might become clear on the next screen (after continue), as it will be a mixture of did or do depending on what it is.
Income wouldn't really matter, as it's in a PI Trust any income is disregarded, money taken out of the Trust would just be classed as capital.

When I click continue, that's it done. That section is then completed 😔

Then it's certainly sounds like it should be "did" rather that "do" as you have pointed out and the wording is incorrect

True, but if I add the full compensation figure, it'll look like that money is coming to me regularly.

There's a Citizens Advice number to call for help with completing the claim over the phone, but from previous experience with them, they won't know what to do either 😔

I wouldn't think so as there is no question about frequency of payments, so for me it can only be a one off payment.
But even if it they thought it was more than one payment, it would still be disregarded as it's a PI in a Trust.

It would be handy if you can report anything find, as I will be setting up a PI Trust in I hope the not to distant future.
If you would like to share how setting up a PI Trust bank account went and who with I would be grateful as most info on here is fairly outdated.

Trouble is, that second pic is so ambiguous, and covers any type of compensation coming in, not just P.I awards. What a nightmare.

I can share info on setting up. 

Shall I PM you?