What is a medical negligence compensation protection trust?
A medical negligence compensation protection trust is a trust that is set up from compensation paid as a result of a medical negligence claim. It is a legally binding arrangement for holding and managing the funds and must be managed according to specific rules.
A medical negligence compensation protection trust is usually managed by two or more trustees or a trust corporation. The trustees should make decisions together about the management of the funds, including any payments made out of them.
Do I need a trust to protect my compensation?
A trust allows someone who has received compensation to hold and manage their funds to ensure those funds are not taken into account for assessment of means-tested benefits or care contributions.
A trust can also help people who might be vulnerable, young, old or simply unfamiliar with managing a large sum of money. A trust may not be necessary for everyone, though the advantages and implications of not using one should always be considered.
Why should I set up a trust?
In most cases where an award of compensation is large enough to impact upon benefits, a medical negligence compensation protection trust can be a sensible way to manage the money. There is a 52 week grace period that begins on receipt of your first payment whereby the initial payment cannot be included in means testing for benefits or care contributions. This grace period does not apply to later payments. If after this 52 week grace period you do not want your compensation to be included in any Department for Work and Pensions (DWP) and local authority means testing you can hold the funds in a trust.
When deciding whether to use a trust, you should consider the thresholds for benefits and care contributions. The advantages of a trust include maintaining your means tested benefits and care costs, as well as providing help with managing your compensation. The cost of not setting up a trust could be the loss of means tested benefits and local authority financial support for care.
When should I create a trust?
The trust should be set up before the expiry of the 52 week grace period and in some circumstances can be set up before receipt of the first payment.
Can anyone set up a trust?
If the injured person lacks capacity a trust can be set up on their behalf by the person who has Power of Attorney or a Guardianship order. If the injured person is a child, then their parent can set up a trust for them.
What our clients say about us
We have over 1,200 reviews and an overall five-star rating on the independent legal review website, ReviewSolicitors.
Here is just a short selection of some of the reviews that our clients have left for our clinical negligence team:
Maddy Lawrence
“With the premature death of our eldest daughter, as it turned out, by clinical negligence, we were facing a very difficult journey both in proving fault and keeping heart and soul together. That we were able to, in terms of the fault element, was down to our professional legal team. They provided clear, calm and compassionate advice which got us through a horrendous inquest and subsequent legal maneuverers. They, in short, were magnificent and we are extremely grateful that we had them on our side.”
Great firm!
“I had an experience with Oliver Thorne who was nothing but helpful with settling my claim. He was very patient and professional as well as making sure I was happy and content throughout the whole process! Would highly recommend him if you’re looking for a solicitor!”
Compassionate, thorough, and outstanding legal support thus far
”Jade was incredibly friendly, taking the time to ask all the right questions and thoroughly investigate our case. Unlike previous solicitors, who dismissed us, Jade and the team at Slee Blackwell delved deeper and gave us renewed hope. We are extremely grateful for the dedication and professionalism in fighting for us. I would recommend Slee Blackwell to anyone in need of legal assistance.”
Mesh claim
“I cannot thank the team enough there understanding and empathy and the knowledge is outstanding. Caroline has been supportive every step of the way, she has informed me and kept me updated how the claim has progressed she has also had great understanding around my mental health and the physical damage I have occurred. I cannot thank the team enough. The team made this experience easier for me to deal with my emotional distress and pain.”
Thank you
“On behalf of all of us, we would like to thank you for your guidance, professionalism, humanity and kindness you have shown us all throughout this process. You have explained everything to us in clear and concise terms throughout and we are extremely grateful. We would have no hesitation recommending you and using your services in future. Thank you.”
Exceptional Service
“I have received expert advice throughout my case, the attention to detail is second to none. Their professional outlook and relatability means that I always recommend the firm. When I was unclear of any information or possible outcomes they took the time to speak with me on a personal level, confirming our conversation through email, I feel supported and understood and most of all they are empathetic, something that is often missing from large firms.”
Friendly, professional, knowledgeable.
“Oliver assisted me in the aftermath of my father’s sudden death in hospital. He helped me to draught my initial letter of complaint to the health authority, represented me and my mother at the inquest and ultimately succeeded in bringing a successful claim. I always felt I could approach Oliver with any questions and he would explain the legal processes in an understandable way. I would not hesitate to recommend him should anyone find themselves in a similar unfortunate position.”
Excellent solicitor
“I cannot recommend this firm highly enough and especially Caroline who is professional approachable and thorough, she works tirelessly and is a real credit to the firm, you are not made to feel like just a number as with other firms, it’s a pleasure to have such an excellent solicitor to represent you when you have gone through so much she is so understanding and knowledgeable.”
