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    • JackJones456
    • By JackJones456 15th Apr 18, 11:04 AM
    • 28Posts
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    JackJones456
    Child's Personal Injury Compensation affecting Income Based Benefits
    • #1
    • 15th Apr 18, 11:04 AM
    Child's Personal Injury Compensation affecting Income Based Benefits 15th Apr 18 at 11:04 AM
    Hi, can you please help me.

    My 12 year old child has suffered a life changing injury when part of a building fell on his foot, if it had fell on his head it would have killed him. The owner of the building is negligent in not maintaining the upkeep of the building. He has had to undergo emergency surgery on his foot and has lost part of his toe and toe nail as they had died. He may have to have more operations in the future.

    I have been advised to make a claim for personal injury compensation, however, will any award affect my income based benefits? I have heard that any award could be put in a Trust Fund for my child when he turns 18.

    Any help and advice would be very much appreciated.
Page 1
    • Tommo1980
    • By Tommo1980 15th Apr 18, 11:43 AM
    • 363 Posts
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    Tommo1980
    • #2
    • 15th Apr 18, 11:43 AM
    • #2
    • 15th Apr 18, 11:43 AM
    Someone will be along shortly with a more definitive answer, but I'm fairly certain any personal injury compensation paid out for your child would not impact your benefits.

    (Text removed by MSE Forum Team)
    Last edited by MSE ForumTeam3; 15-04-2018 at 12:36 PM. Reason: Quoting deleted post
    • NeilCr
    • By NeilCr 15th Apr 18, 12:35 PM
    • 1,549 Posts
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    NeilCr
    • #3
    • 15th Apr 18, 12:35 PM
    • #3
    • 15th Apr 18, 12:35 PM
    This is a good guide to trusts from an organisation which isn't one of the personal injury solicitors.

    While it's about brain injuries the underlying information should help

    https://www.headway.org.uk/media/2782/a-guide-to-personal-injury-trusts-factsheet.pdf

    OP. It might be worth getting some legal advice on all of this. About the claim and the setting up of a trust, if appropriate.
    • dippy3103
    • By dippy3103 15th Apr 18, 12:41 PM
    • 1,813 Posts
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    dippy3103
    • #4
    • 15th Apr 18, 12:41 PM
    • #4
    • 15th Apr 18, 12:41 PM
    If you have a solicitor acting for you in respect of this they should be able to advise the best way forward a according to your circumstances.
    • JackJones456
    • By JackJones456 15th Apr 18, 3:30 PM
    • 28 Posts
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    JackJones456
    • #5
    • 15th Apr 18, 3:30 PM
    • #5
    • 15th Apr 18, 3:30 PM
    Thank you all you kind people for giving me great advice, especially the headway link.

    I haven't yet spoken with a solicitor as I've been too worried about my son.

    I went and took another look at the scene where the incident took place and it was a cast iron post which fell onto my son's foot. My son was near a shop on the other side of where the post was stood, it just fell off and crushed his foot and brushed the back of the head of another child as it fell. The other child had no injuries.

    There were plenty of witnesses who have taken photographs and are willing to act as witnesses. One of the witnesses said she reported a cable which had fell off the building before Christmas and nothing had happened. The street where the incident happened does not belong to the council.

    Anyway, once again, thanks for your kind advice. I obviously want the best outcome healthwise for my son, but feel that he should be compensated for his pain and suffering, not to mention that he will probably have to undergo further surgeries and being on income based benefits, it would be best if he is awarded compensation if it can go into a Trust Fund for him for when he turns 18.
    • dippy3103
    • By dippy3103 15th Apr 18, 4:32 PM
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    dippy3103
    • #6
    • 15th Apr 18, 4:32 PM
    • #6
    • 15th Apr 18, 4:32 PM
    Hope he is feeling better soon. Must have been terrifying for you all.
    • Stop Watch
    • By Stop Watch 15th Apr 18, 9:45 PM
    • 90 Posts
    • 216 Thanks
    Stop Watch
    • #7
    • 15th Apr 18, 9:45 PM
    • #7
    • 15th Apr 18, 9:45 PM
    These things can take YEARS!! He may well be 18 before any payout if anything at all!
    • Xbigman
    • By Xbigman 15th Apr 18, 11:45 PM
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    Xbigman
    • #8
    • 15th Apr 18, 11:45 PM
    • #8
    • 15th Apr 18, 11:45 PM
    Solicitors are notorious for their lack of understanding of benefits. You probably want to come back here in a few years time when you have actually won a court case and ask what to do with the money? Before any court case or settlement my only advice is to keep a record of all your extra costs and ask for those back separately to any claim for your child.



    Darren
    Xbigman's guide to a happy life.

    Eat properly
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    • Xbigman
    • By Xbigman 15th Apr 18, 11:51 PM
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    Xbigman
    • #9
    • 15th Apr 18, 11:51 PM
    • #9
    • 15th Apr 18, 11:51 PM
    Another point is that your child might go into higher education at which point what you did with the money would affect their finances too. It really is too early in the process to worry about all this. For now just find a solicitor willing to take this on, and keep records of everything.



    Darren
    Xbigman's guide to a happy life.

    Eat properly
    Sleep properly
    Save some money
    • JackJones456
    • By JackJones456 16th Apr 18, 10:45 AM
    • 28 Posts
    • 12 Thanks
    JackJones456
    Thanks for you replies, also for your kind wishes Dippy.

    We live in a small village where everyone knows everyone, the managers of the building are coming out to inspect this morning.

    I have been in contact with my local solicitor this morning who has advised me to go and take more photographs before the evidence is seized. Any CCTV must not be tampered with or erased for a month from the incident. I have an appointment to see her tomorrow.

    My son is recovering, but is still in shock, he has had a partial amputation of his toe and other associated injuries to his foot and is on morphine and antibiotics.

    Although it may take years to settle a case, I have never experienced anything like this or made any sort of compensation claim, therefore, it is all new to me, so thanks to everyone who has taken the time to offer their advice.
    • NeilCr
    • By NeilCr 16th Apr 18, 11:22 AM
    • 1,549 Posts
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    NeilCr
    Solicitors are notorious for their lack of understanding of benefits. You probably want to come back here in a few years time when you have actually won a court case and ask what to do with the money?



    Darren
    Originally posted by Xbigman
    Agreed.

    I had someone in at CAB a couple of weeks back in much the same situation. They had won the case and there was a compensation payment. Their solicitor had sent them to us for benefits advice.
    • dippy3103
    • By dippy3103 16th Apr 18, 12:35 PM
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    dippy3103
    Agreed.

    I had someone in at CAB a couple of weeks back in much the same situation. They had won the case and there was a compensation payment. Their solicitor had sent them to us for benefits advice.
    Originally posted by NeilCr
    Which is exactly why they need to make sure they get a decent solicitor and not an ambulance chasing no win, no fee.
    • atrixblue.-MFR-.
    • By atrixblue.-MFR-. 16th Apr 18, 2:53 PM
    • 6,542 Posts
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    atrixblue.-MFR-.
    All solicitors and insurers inform the DWP that a compensation claim is being made in your name, (youll be his litigation friend), youll receive an automatic letter stating they know a claim had been made but as no payment has been paid there is no need to contact them and there will be no changes to your benefits during the time it takes to fight the claim and be awarded.


    But Compensation claim payouts DO affect means tested and contribution based benefits If they go over the saving threshold IIRC. 6k to 16k IIRC is the outlined savings allowance which I think compensation pay outs are classed as, Once you exceed 6k in "savings" then your benefits are to be reduced, the more you save the bigger the reduction in means tested benefits until you hit the 16K mark then it will be reduced to 0 but your underlying entitlement should still remain and your NI conts will still be paid on your behalf.


    Theres also a rule that if you deliberately spend the money in one go it will still be counted as saving and the period they specify you go without or have a reduced amount will remain.

    There is now a dedicated Compensation Recovery Unit within the DWP.

    I could be incorrect in my advice here but this is what is USED to be a few years ago. You should always seek specialist advice to confirm.
    Last edited by atrixblue.-MFR-.; 16-04-2018 at 2:57 PM.
    "We only have one world, But we live in different worlds"- Mark Knopfler Brothers in arms, Miss you gramps.
    • Tommo1980
    • By Tommo1980 16th Apr 18, 5:16 PM
    • 363 Posts
    • 575 Thanks
    Tommo1980
    This is incorrect.

    A. The compensation would be for OPs child.

    B. Contribution based benefits are not affected by savings. For Income based benefits, compensation payouts are disregarded for 52 weeks, though there are conditions attached to this disregard.
    Last edited by Tommo1980; 16-04-2018 at 5:18 PM.
    • JackJones456
    • By JackJones456 16th Apr 18, 5:47 PM
    • 28 Posts
    • 12 Thanks
    JackJones456
    I will inform the solicitor tomorrow that I am on Income Based benefits. The solicitor is not the 'ambulance chaser' type as they are well know in the town and deal with all other legal matters.

    Hopefully if an award is ever made, it can be put in a Trust Fund for my child when he reaches 18. Headway have an excellent link in thread number 3 above and I will be asking the solicitor about such a Trust Fund tomorrow.
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