Will claiming personal injury compensation affect my benefits?

By Ian Morris | Updated July 12th, 2023

164 questions have been answered on this subject, why not ask your own?

If you currently receive state-funded benefits, such as Universal Credit or similar, making a claim for personal injury compensation could impact your benefits entitlement and the amount of benefit payment you receive. Means-tested benefits take into account income, savings and assets to assess your eligibility to claim. The current savings threshold at which means-tested benefits stop is £16,000, but any savings or compensation above £6,000 can affect the amount of benefits you can receive. This includes benefits like Universal Credit, housing benefit, and council tax support.

If you receive a compensation settlement exceeding the threshold, you must declare it as savings. But it’s impossible to determine precisely if your benefits claim would be affected unless you know how much compensation you’ll receive.

How much compensation will affect benefits like Universal Credit?

If you receive a compensation payment of over £6,000 for your injury, then this can affect your entitlement to receive Universal Credit and other benefits. However, many claims are settled for less than this amount.

For example, minor whiplash claims where an injury settles in 6-8 weeks would fall below this figure. If this was the case, a benefits claim would not be affected.

But in claims involving more severe injuries, the value will be maximised by an expert solicitor. Here, your settlement will be higher and push you beyond the income bracket for benefits claims, and you’ll likely see a reduction or loss of benefits.

Should you claim compensation if it affects your benefits?

In most cases, anyone injured in a non-fault accident should pursue their legal right to seek compensation regardless of any benefits they receive.

If you had a huge settlement of millions, it wouldn’t really matter if you lose your benefits. Where it is a problem is when people receive smaller settlements of, say, £10k or £20k. While it’s a lot of money, it’s not life changing and won’t last forever. Therefore, losing a chunk of or all of your benefits would be a real blow.

However, there are ways of mitigating the risk of a settlement affecting your benefits, and here at Direct2Compensation we can help you understand how to do this. You shouldn’t let concerns about losing benefits entitlements stop you from making your claim for compensation.

Our specialist solicitors can ensure that any compensation settlements have minimal impact on your existing or long-term benefits entitlements. In cases of larger settlement values, we can link you with specialist financial advisers to handle the compensation in the most tax-efficient way possible, such as creating a personal injury trust.

Use a personal injury trust fund to avoid losing benefits

A personal injury trust allows you to pursue the maximum compensation for your claim without jeopardising any means-tested benefits entitlements or missing out on any local authority care provisions. Compensation settlements paid into a trust are held separately from your finances, and the trustees control how the settlement is spent. This ensures that compensation settlements don’t count towards the savings threshold and don’t affect your benefits claim.

Our solicitors can help you appoint trustees who will have the claimant’s best interests at heart when authorising any release of trust funds. The trustees (one of which can be the claimant) will control the trust and how the compensation settlement within the trust can be spent.

It pays to be smart with your claim. Our solicitors will help you to ensure that you have access to the right advice and support so that any existing benefits claims are not affected unless the law requires them to be. Often they will advise that if you win your claim for compensation, you should agree to take a small settlement immediately (one that would not go above the maximum savings threshold) and that the rest should be placed in to a personal injury trust fund.

Let us help you start a claim

If you would like to find out a little more about how you could claim compensation after an accident and not lose your benefits entitlement, just drop us a line on 01225 430285, or if you prefer, . We’ve been helping claimants win compensation for over 28 years. We’re happy to discuss your circumstances in confidence and help you to better understand whether claiming compensation could have any undue effect on your existing benefits claim.

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Questions

Read on for questions and advice about claiming...

I had a fall in a pothole outside my council disabled bungalow in the 11th May this year and broke my elbow,I had surgery on it on the 23rd May. I can’t straighten my arm and seeing physio and also have nerve damage. I do have a solicitor fighting my case against the council,she said I could be awarded £25,000 . Both myself and my husband are on pip , ESA, HOUSING BENEFIT. I am concerned that the compensation would effect our benefits drastic. Which is the best way to prevent this happening?

You should certainly proceed with your claim, but being aware of the potential impact on any means tested benefits entitlements if you don’t take the appropriate steps is really sensible and important.

If you were to receive a settlement of the value that you have mentioned, it would likely impact any means tested benefits, but only if you just receive it and have it in a bank account. The sensible course of action – and your Solicitor should be able to assist you in arranging this – is to take the appropriate steps to set up a Personal Injury Trust and have any settlement placed in to the trust. This enables you to use the funds but without it being counted as savings or financial income that may be considered when calculating what benefits you may receive.

Of course, you don’t need to set up the trust at this stage as you don’t yet know whether you’ll succeed with the claim or what the final settlement value would be, but you should discuss this with your Solicitor in order to gauge whether they can assist you with this (most Solicitors will have a go-to contact or a department within their firm who can assist you) or if you’ll need to find a specialist provider of such products.

Hi, im currently going through the process of claiming compensation for a medical negligence case,

I have been claiming pip in the meantime,

Does this mean i cannot get compensation now?

Your PIP claim will have no negative bearing on the outcome of your claim for clinical negligence compensation or your right to make such a claim.

If you succeed with your claim, you may need to consider setting up a personal injury trust to ensure that your settlement doesn’t impact your existing or future benefits entitlement. If you succeed and your settlement exceeds the threshold at which means tested benefits are impacted (potentially seeing any benefits allowance reduced or even stopped) setting up a personal injury trust will ensure that you can still retain the compensation settlement as well as your existing benefits entitlement.

Good afternoon, I’ve been told the pip claim which includes care will affect the care costs side of the claim and I can’t effectively make two claims for care!

And the defendant can withhold any money I’ve received already from pip!

Claimants cannot ‘double claim’ for costs and if you have received benefits that cover or contribute to some losses, you cannot then claim those losses again – only any shortfall or lost income.

You can however, still pursue your claim.

Can my council request or demand that I pay my rent arrears from my personal injury Trust account?

When money is held in trust, no persons other than the trustees can direct any spend of those monies.

Daughter was ran down when aged 12 took 6 yrs to come through .
Struggling to find personal injury Trustee so worried she will loose everything.
Plz any advice .
She is on pip etc for her disabilities .
Is there a company who can help

We must start our response by advising that we are not specialists or experts in finance or state benefits. However, PIP should not be means tested and any benefits that are not means tested should not be impacted by any settlement.

We do not set up personal injury trusts, but we can provide details of a specialist firm with whom we work who are able to assist in such matters.

I get compensation for an injury after a car crashed into a mine on a pedestrian crossing. Do I have to inform Universal Credit and will it affect my benefits?

Whether or not any means tested benefits – such as universal credit – are affected by a compensation settlement will depend on the amount of compensation received.

You should certainly inform the relevant authorities.

I have been offered £9000 personal injury from a car accident by the other persons insurance comoany but that is above the £6000 limit savings on universal credit which I claim. If i set up a pi trust it will cost £1000 to do, so I wonder if it is worth it or just ask for £6000 to keep under the limit. I don’t know whst I would be allowed to spend the money on if it was in a trust or the hassle of uc reducing my benefits until the savings are below £6000 and what they would say I could spend it on. I have a solicitors appt but they will all charge for a chat. I am also strugging to find a bank that will open a trust account. The only one currently is metro bank and they charge £150 to open and £5 per month

Your Solicitor should be able to link you with a specialist who can ensure that you can receive the maximum amount of compensation possible, yet not see any means tested benefits affected.

Do you have any debts?

Hi sorry for asking but am in a similar situation. I’m due a pay out for medical negligence, it isn’t finalised yet, have won my case but still waiting for a settlement we can both agree on. I have a really bad credit rating and going struggle even opening an account, and am going to open a trustee account so that my benefits aren’t affected – but not really sure how it works?

Your personal financial credit rating should have no bearing on whether or not you can open a personal injury trust to ensure that you don’t lose any existing benefits entitlement. Although we do not directly handle personal injury trusts, if you email us at justice@direct2compensation.co.uk to request information, we can provide you with the details of a specialist in such matters who would be able to advise you appropriately.

Hi I am a carer for someone that has just been awarded £103,000 from the CICA. She is on benefits and as I understand she has a 52 week grace period to decide what she wants to do with the money. I have contacted univeral credit on her behalf explaining the situation and they have dismissed this totally telling me I don’t know what I’m talking about. The judge in the case, her barrister, the cica legacy manager and her own bank have all advised her that indeed she has 52 weeks to decide what to do. So far she has paid a chunk of existing debt off but she wants to put the rest into a personal injury trust. Again the DWP has turned around and said she can’t do that and continue to claim benefit’s. I have told them to consult the legal department, which they have to do by law anyway but the advisor turned aggressive and repeated I don’t know what I’m talking about and all I get out of them is the £16,000 threshold. They are being really quite horrible with what they have put in her journal to the point where they have accused her of fraud. We have done everything legally required about declaring the award so it feels like we are being bullied into her signing off. Am I right about the 52 week grace period or is it me in the wrong. Cheers.

Our understanding echoes that of the Judge, Barrister, CICA handler and bank that you reference. Perhaps a complaint to Universal Credit regarding the attitude and handling of the person who you have spoken to would be a justified move?

I have the same issue as Lee but my trust fund account is already set up & still DWP refuse to award me benefits they keep taking the trust money into account which my solicitors say they should not as they helped set up the trust fund for me I have appealed, complained but I am not getting where? It’s been 5 years I am without benefits & live off PIP

Have you involved your MP in this situation? What you are describing does not sound correct or legal – if your PI trust has been set up correctly and is being used/managed correctly, there is no way that any existing benefits entitlement should be withheld.

I have an open RTA claim, but the DWP have just added a bill for the benefits money I have received since the accident. I have Solicitors acting for me on this since March 2019 and I am really worried about what is happening.

I am in receipt of universal credit and I’m still trying to get a back payment from the date of the RTA. I am living on my overdraft but over my overdraft limit and getting daily charges now from the Bank again.

I just started getting PIP payments – the standard pay for mobility related issues. My universal credit claim knew I was in an RTA on the 08/03/2019 and would not accept my Doctors sick notes. They refused to help me and I was getting paid roughly £280 a month to live on and somehow still pay for my house and bills! I have just managed to get a back payment from August 2021 after having MRI scans on my spine. I have damaged the cervical spine and also have nerve damage. I have had 2 full spine MRI scans after 2 different spine surgeons requested them. My Doctors have told me that I can’t work or lift anything because it’s serious and I am worried about the claim for my spine damage.

Why is the DWP taking money from my claim? I do not understand and I do not understand my Solicitors and they don’t seem to be helping me right now. I do not know what to do. I’m confused and depressed and I’m on strongest medication the Doctors can give me. I did not get the first MRI scan until August 2021 because of the lockdown and because Doctors gave me a dangerous mix of drugs that made me ill (severe stomach pain and memory loss). I thought my Solicitors would be helping me but I am worried and do not understand any of this or know what do I should do.

I am struggling with everything, I live alone and can hardly move or get dressed. I am worried about losing benefit money. My brain feels broken! I need help please.

Your Solicitors really should explain the meaning of the DWPs correspondence to you. The correspondence will be from the DWP’s ‘Compensation Recovery Unit’ (CRU) who are able to claim against any aspect of your claim that includes settlement for loss of earnings and/or care claims.

As an example, if the certificate from the CRU lists £10k in recoverable benefits (as in this was the total amount that they had paid out due to your claim) but there was no loss of earnings claim or care claim, your Solicitor would simply appeal the certificate. The whole purpose of the CRU’s correspondence is designed to prevent a claimant from receiving ‘double recovery’ of lost income/care costs as well as having already received state benefits for those costs (ie you can’t receive loss of earnings AND benefits). This is not a claim against the settlement value of your case, but against any special damages element of the settlement (lost wages/care costs).

Your Solicitor will also have to look at the prognosis for your injury/recovery. If a medical report stated that there was an expected six month injury recovery, but the CRU were claiming for two years of (valid) benefits – again, your Solicitor would appeal on the basis that only six months are attributable to the accident.

In many cases, if there are benefits to recover from settlement, the defendant often pays those and then compensates the claimant. However, in some cases the whole settlement is sent to the claimant and any aspect of special damages that are recoverable can then be deducted at the conclusion of the claim, with the balance of settlement for injury and any further loss of income etc passed to the claimant.

Hi I’ve just made a claim through my travel insurance for ‘total permanent disability’ following an accident. The amount payable is a fixed amount of £10,000 and isn’t broken down into categories such as care, loss of earnings etc. I am not in receipt of any means tested benefits but do receive PIP because of the injuries I sustained. Will DWP expect repayment?

PIP should not be means tested and as such, you should not face any reduction of your PIP payments due to receipt of settlement in this case based on the information provided.

Hi there. I am asking this question for my brother who suffers from mental health issues. He is being paid a compensation by the Home Office who unlawfully detained him. Could we set up a Personal Injury Trust for him to put the compensation funds into? Or does PI trust only apply to personal injuries sustained through work or other accidents? And if it is possible to get PI trust for him, would this be enough for the DWP as he is on UC due to the his mental health issues?

Personal Injury trusts are usually specifically for personal injury settlements. However, the principle remains the same and it should be possible for your Brother to have any settlement paid in to trust in order that he does not lose benefits entitlement.

My solicitor has put in a valuation on my claim for my injury that happened to me 4 months ago. I’m waiting to hear back from the CRU of the DWP to see if the valuation is accepted, or if they will reduce it. Will it affect my benefits as I receive ESA (joint claim with my husband) PIP (daily living) Child Tax Credit Carers Allowance (husband receives that) and also Child Benefit? If so do I need to phone them up and say to them as I don’t want my benefits all mucked up if this happens.

I don’t want the compensation to go into a personal injury trust I want it to go into my bank account as I have a main one that my benefits go into and another bank that the compensation can go into.

It is vital that you don’t attempt to ‘hide’ any potential settlement from the relevant authorities and there are legitimate ways of ensuring that benefits entitlements are not impacted by receiving a personal injury settlement. Some of the benefits that you receive – PIP and Child Benefit are not means tested, so they would not be relevant in this consideration. Regarding the other benefits, much will depend on what income you already have (if any) and whether you have any savings and what level of settlement you may receive.

The best course of action is to discuss this with your Solicitor ahead of receipt of any settlement and you may also wish to speak with the Citizens Advice Bureau too for specialist advice in this area.

Hi I am receiving pip and industrial injury payments, I am waiting for a settlement figure for loosing 2 fingers, When i get the settlement would i have to pay them payments all back. Many thanks Ken.

Has your Solicitor received any correspondence from the Department of Work & Pensions (DWP)? The DWP Compensation Recovery Unit (CRU) should write to your Solicitor to advise as to what, if any element of received benefits will be recovered should you succeed with your claim.

I am due a payout out of 230k and have been advised to open a personal injury Trust account because I claim universal credit. I have been told that I can get this paid into my normal account then take out what I want to use/pay bills etc and put the rest into a trust within 52 weeks of opening the account and that way it won’t affect my universal???

You should contact a Solicitor to make the arrangements for your personal injury trust at the earliest opportunity.

A taxi driver subcontracted by NHS Hospital Transport tipped me off the ramp into his cab, in my wheelchair and broke my wrist. This means I can’t push myself around for 4 weeks and will need extra support at home.
I’m on ESA, Housing Benefit, Council Tax Support and PIP.
Should I sue in Small claims court to stay under the threshold for losing benefits if I were to win?

It is clear that you are in position to pursue a claim for personal injury compensation as the cause of your injury can certainly be attributed to negligence. Whether you choose to pursue the matter independently, or instruct a specialist Solicitor (which would be our recommendation) is a question for you.

As you are in receipt of vital benefits payments, it is prudent to be aware of a potential impact on means tested benefits from receiving a personal injury settlement. However, unless you already have savings and a settlement would push you over the threshold (which is around £6k at this time), your benefits would be unaffected. Of course, we do not know the severity of your wrist fracture but you have indicated that it will prevent you from being independent and using your wheelchair without assistance for 4 weeks. With this in mind, I would not anticipate that your claim would exceed the threshold and we would recommend that you instruct a specialist Solicitor to pursue this matter for you.

We are in receipt of benefits (universal credit). My husband received a settlement pay out for injuries which was over £60k. This settlement has been put in a personal injury trust and the Solicitors have already paid back any due benefit amounts to the relevant authority.

We are still on benefits at the moment as my husband still cannot work. Do we need to we need to present any other documents to universal credit or let them know of the trust?

You only need to disclose details of any immediately accessible ‘liquid’ finances – such as those within your usual bank account or of any savings you have. The value within the personal injury trust does not need to be disclosed.

Thank you, for letting know.

I have had an offer for injury for 17.000.
I have not accepted as yet.
I currently get esa not due to injury.
Esa support group & I have extra for the lowest disability.
I also get housing benefit council tax and child tax.
How would this effect my benefits?

You should discuss your benefits entitlement with your Solicitor and ask them to refer you to a financial planner as you may wish to set up a personal injury trust to ensure that any means tested benefits you receive are not impacted by the value of your claim settlement.

Hi. If I receive a payout for an injury following an accident and pay off my vehicle straight away, would this affect my benefits?

You must always disclose any financial settlement with the relevant Government benefits department within 52 weeks of receipt of settlement.

Hello, I am currently waiting for a lump sum payment from DWP for PIP benefit as I have just been accepted and awaiting a back payment. I am also claiming for a personal injury claim. Will any compensation be reduced because of the PIP benefit I am going to receive?

Thank You

Your compensation settlement value should not be reduced because you are on benefits.

I have just had an award from cica for 183 thousand. I am in receipt of PIP and contribution based eesa. Can they take any of my means tested benefits I had years ago. For a while. I have been given a large loss of income award within the compensation. I know about pi trust funds I am just wondering if I need to do this . Or just open an account for the compensation to go into.

We would recommend that you seek professional advice from a financial planner to discuss the best way to retain your settlement and minimise any impact on benefits rights entitlements.

If I recieve compensation for an injury to my teeth, will the amount be judged by the DWP prior to the expense of having the treatment carried out? Will they consider that I have deliberately left myself under the threashold of £6000 on purpose? Also if there is currently an overpayment being collected from my UC will that be collected in full by the DWP once I have received my compensation? I expect the figure to be around £9000

If your compensation settlement includes a sum for remedial dental work, you should not have to disclose that as you require the treatment to return you to your pre-accident health.

Would a compensation of £160,000 and another compensation of £10,000 affect benifit payments of rent, council tax, disability, daily living allowance, carers allowance, mobility car, child tax credit. It has been put into a family members account, is this fraud ?

You can’t ‘hide’ receipt of settlement legally and should definitely inform the appropriate authorities in due course. The safest and best course of action in this case would be for you to contact a local Solicitor to arrange to set up a personal injury trust as this would enable you to retain the settlement but without any impact on your rights to benefits and state support.

I currently have an ongoing compensation claim for occupational asthma due to formailn exposure. Am I still entitled to claim Industrial Injuries Disablement benefit? I work and don’t claim any other benefits. Would it affect my compensation claim as I believe it’s not means tested?

You should further investigate the potential to claim the benefit you mention, but it would be sensible to discuss this with your Solicitor prior to taking any formal action. If a claimant is in receipt of non-means tested benefits, their benefits entitlement is not impacted by their claim settlement.

Hi I received benefits esa income related and pip and others for myself and my husband we are both disabled. We had a car bump other car hit us and we are getting compensation my husband has been awarded £3k and mine will be around £5k we have debt of £4k to be paid straight off when we receivel the funds, how do I stand with the dwp this terrifies me to be honest once debt paid we will be nowhere near 6k in savings but I don’t know how dwp look at this it’s causing me such extreme anxiety could you advise me in simple terms fir dummies as its too confusing

As you will be under the £6k threshold, there should be no negative consequences to your benefits entitlement.

Will my award and my husbands award be added together as one as we have one claim for benefits ? Thank you so much

As you have a joint claim, we are not able to advise on this particular issue. We would suggest that you speak with the DWP or CAB for further specific advice on your benefits entitlement and your rights under such legislation.

Hi Ian,
My compensation claim for PI has just concluded with an ok result. I was claiming ESA (income based)and was paid it for 10mnths then it was stopped. I also claim PIP. CRU are claiming back £4000 ESA and £22,000 PIP.

My other concern is, that during my time of unemployment I had to draw down on my personal pension and my award does not cover the recovery of this.
Q1 Should I have queried this?
Q2 Can I claim mandatory reconciliation on my pay out?
Q3 Will I still be able to receive my PIP payment?

PS I am back in full time employment, but in a totally different field.

Many thanks in advance.

Kevin.

I would strongly advise you to return to the Solicitor who handled your claim to discuss the pension draw down you had to make and also to enquire if they can refer you to a financial specialist who can advise you in detail on your rights.

With regards to the PIP payment, my understanding of that is that it should not be subjected to means testing so that should be queried with the DWP and perhaps with the CAB too.

If I receive universal credit payments including housing benefit and i’am waiting to receive a settlement figure of £2000 from an accident that I had 2 yrs ago will this amount of money affect any universal credit that I receive also I own no property and I have no savings thankyou.

The amount you are expecting should have zero impact on any means tested benefits, including Universal Credit as you are below the threshold and do not have savings. However, we would always recommend that you disclose the settlement to your benefits handlers in order that you are seen to be fully open and honest regarding your financial situation.

Thank you Ian for your helpful reply.

You’re welcome!

Can I open a Compensation Injury bank account before I’ve received my compensation settlement, so that it’s ready to go straight in?

If you are to receive a sum of compensation that will exceed the threshold for means tested benefits, it is sensible to consider opening a personal injury trust. This can be done with most Solicitors and is a legitimate means of ensuring that any existing benefits entitlement is not impacted by receipt of compensation for injury or loss. You can open such a trust before receipt of compensation.

I am currently paying an attachment of earnings for housing benefit overpayment.
I am soon to be receiving £5,000 compensation from my work as conciliation due to malpractice, will any money be taken out of the compensation for the attachment of earnings? Thanks

We advise that you discuss this specific enquiry with a specialist organisation – such as the Citizens Advice Bureau as the fact that you are having to repay an overpayment could impact on your situation. However, as the amount of compensation that you mention is below the £6,000 threshold, you should be ok.

I have received PIP for nearly 5 years. I’m about to receive a compensation award for negligence. Please could you tell me if this will this affect my PIP? I was under the impression it wouldn’t as PIP isn’t means tested.

You are correct, PIP is not means tested and your settlement will not impact your PIP benefit entitlement.

Any means tested benefits may be impacted by a financial settlement – whether that be via a compensation claim, inheritance or even a lottery win.

Hello. I receive attendance allowance due to age and relative infirmity. I had a no fault motor accident and have received a provisional compensation offer which is >£10000. However DWP are seeking to claw back from this sum the attendance allowance value lve so far received. I don’t know whether they’ll seek to claw back further AA amounts. Can they claw back money for this non means tested allowance? Thanks

Benefits that are not means tested will remain in place regardless of the value of a settlement a claimant is awarded.

However, with benefits that are subjected to means testing, if a settlement takes a claimant beyond the threshold, they could lose some of their entitlement or see some benefits recovered. This is a matter that you need to discuss with your Solicitor and you may wish to seek advice from a financial planner to ensure that your benefits remain unaffected.

Would other compensation claims be able to be handled in the same manner as stated above? (Will claiming compensation affect my benefits claim?)

So would a payout for defamation through the small claims or a payout from the Police Force or NHS Trust, for example, affect benefits?

Also, could they be put directly into a trust?

Any income including settlement of a legal claim will need to be disclosed to the relevant authorities when it comes to claiming benefits. If the amount that you may receive will see you exceed the threshold and thus lose a benefits entitlement, it would be prudent to seek the advice of a financial planner and Solicitor to seek legal and legitimate ways of ensuring that benefits rights are not unduly impacted by receipt of settlement.

I had an accident at work due to faulty equipment 2 years ago and am disabled now and getting IIDB along with other benefits from UC for housing costs. My Solicitors have advised me that the compensation will be awarded after deducting the benefits that I have been paid already. Is that true? Please advise.

Your Solicitor should receive correspondence from the Department of Work & Pensions regarding what, if any amount of benefit payments you have received is to be recovered. It is the case that some benefits payments are recoverable from compensation settlements if a claimant succeeds with their case.

In your situation, it is sensible to discuss this matter with your Solicitor and to also ensure that any settlement you receive at the closure of your claim is held in such a way that it does not impact on your future benefits entitlements – such as a personal injury trust.

Hi. I’ve received £8.250 (after solicitors fees) in compensation.

I’m current on ESA (support group) and PIP but receive no other benefits and I have no savings.

Will my benefits be affected?

The amount of money you have received will need to be disclosed to the department of work and pensions. Your PIP benefits should be unaffected as they are not means tested, but ESA could be reduced a little.

Will a compensation payment of 6 thousand 6 hundred effect someone’s universal credit ?

Much will depend on whether the claimant has any savings or other income.

Hi, I’m wanting to set up a personal injury trust fund, what do i need to do to set it up and how much does it cost? thank you.

Setting up a personal injury trust is something the Solicitor you have used to pursue your claim should be able to assist you in doing. Essentially, you need to find a Solicitor who can assist in the setting up of a trust and you need to find a suitable and extremely reliable/trustworthy co-trustee (as you will be a trustee).

Thank you for the information you emailed me, I understand I still have a chance to claim, but I will probably need your help.
Earlier they promised me a medical expert and I am waiting until today. I don’t know what to do, maybe you as an expert could help me?

We advise that you allow the insurers to view your medical records and seek a referral to a medical expert. If the insurers then come back with a reasonable offer, that would be great. However, if they refuse to cooperate advise us and we’ll look in to this for you.

I was involved in a crash and I’m currently going through the claim now. It’s been over 2 years since the accident and I am at the stage where my solicitor is sending the deductions for DWP paperwork and I was wondering how long it will take from this stage to receive my claim?

It would appear that you are close to the end of the process and to receiving settlement. Do you know if an offer has been made by the defendant? If so, and if you’ve accepted the offer, settlement should be with you within a month or so.

If my personal injury claim is withdrawn or unsuccessful, can the DWP take any action to recover my benefits if I am receiving personal independence payment?

The DWP cannot recover any paid benefit that you have received if your claim for personal injury compensation is unsuccessful.

I won a claim against the NHS but the solicitors deducted all benefits paid from the date of negligence. This was for ESA and PIP to be paid back to DWP. The total wasn’t far short of half the money paid.
I can maybe understand ESA being paid back but PIP I thought was a given right to help with daily living.
Our solicitor has queried this with the DWP but the DWP haven’t responded in the months since.
Your thoughts would be appreciated.

The DWP can be difficult to deal with. In the majority of cases where a successful claimant is in receipt of PIP benefits, there is no requirement for PIP to be repaid to the DWP, but this is not always the case.

Can a trust fund be set up when the compensation is already in my bank account?

You may be able to establish a trust but you should act quickly to look in to this. You should approach your Solicitor to discuss the prospect of setting up a trust.

I have had my settlement award from cica and its going to have a big impact on my benefits can someone please give me some advice?

Were you represented by a Solicitor in your CICA claim? If so, you should contact them to ask whether they can help you to have the award placed in to a trust (personal injury trust) in order to ensure that your benefits entitlement is not impacted. If you did not have a Solicitor acting for you, please approach a local Solicitor to discuss having such a trust set up.

last year i received a large medical negligence out of court settlement of 500k. After solicitors fees and repayment to private health insurers i received just over 450k. I am currently in the process of purchasing a bungalow to help with ongoing mobility issues and to relieve the financial burden of a mortgage as my health is not expected to improve. Three years ago i had to reduce my working hours to part time due to my health issues. Like many I am currently working from home. My employers have been very supportive but are unable to allow me to reduce my hours further and work from home on a permanent basis. We have entered discussions regarding their terminating my employment due to ill health capability. My question is if most of my compensation is spent on purchasing my bungalow and i am laid off work due to ill health would my having been awarded compensation in the past effect any future benefits i may be entitled to. Thank you.

It is unlikely that any previous settlement payments (once the property is purchased), will negatively impact any benefits entitlement. There is a savings threshold at which some benefits are not available, so it will depend on what financial situation you are left in post the purchase of the property.

I have just received a settlement for personal injury for 20k after deductions ongoing over the last 2 years How if any will it effect my Attendance allowance which started over the last 3 months The insurance claim for the injuries is not what i claim AA for , I understand AA is not means tested Do i need to inform DWP

Although the attendance allowance is not a means tested benefit, it is always sensible to discuss any benefits entitlements and financial situation changes with the DWP.

Hi I have been in a car crash which was not my fault I haven’t done any injury claim yet but I will as my left hand was dislocated badly and had about 4 inches long fracture resulting me having surgery and had plate and screws in my arm. I am expecting more than £6000 which can affect my universal credit so my question is after getting my compensation if I use that amount in deposit for buying my first house straight away, will it affect my universal credit claim and if it will how much it will affect? thanks

A Solicitor will help you to ensure that any settlement that is above the threshold of benefits entitlements is received in such a way that it does not impact your benefits rights.

Hi. I’m about to receive £9,500 cost care of personal injuries. Should I be contacting the Dwp as I get help from universal credit.
Thanks.

It is always sensible and correct to contact the DWP when your finances change – even if due to the receipt of a compensation settlement. However, before you do contact DWP, it is sensible to speak with your Solicitor about your settlement and the options available to you.

I am a single mother with 2 children and will soon be receiving a lump sum of £50,000 plus. I am claiming universal credits and council tax reduction. I am considering a trust however I really don’t know how to go about it. Also how do trusts work? Will I be able to access my money when I need to?

Your Solicitor should be able to assist you in the process of setting up a trust for your settlement, ensuring that you retain the maximum initial lump sum (so as not to impact your benefits entitlement). If you have a good relationship with the Solicitor who has handled the claim for you, you can appoint them as a trustee. If you don’t have a Solicitor, you should make an initial free consultation appointment with a Solicitor to discuss setting up the trust and they will guide you through the process and cost.

Once the trust is set up, the trust – of which you can be a trustee – will control the funds within the trust and can release them accordingly for items of need and living costs etc.

I am anticipating receiving around 10k in compensation I have 10k of debt if I pay off my debt does this count towards savings?

If you can demonstrate your debt and evidence that you are settling the same, it should not cause you any problems with regards to thresholds.

My mother is due to receive about 14k compensation for an accident at work (after lawyers fees), she sometimes recieves universal credit to top up her earnings, but is not currently recieving them. However this is money that she owes me, so she was going to pay me directly after she banks it. Will this effect her universal credit in the future? Does she have to declare that the money was there even if it will be out of her account again straight away?

It is always sensible to make sure that the benefits authorities are fully aware of any money coming in or out of a claimants account. In this situation, I don’t believe the settlement would have any impact on her entitlement and she should not be concerned.

Hi I got awarded compensation through the courts for the sum of £56.000 my solicitor said I had to pay back esa £2000 out of that then once he took all his fees and expenses I didn’t receive a penny, should I have payed esa the £2000 if I didn’t receive any of the compensation?

Until you have formally ‘banked’ your settlement, you are not in receipt of funds, so would not have to repay the benefits authorities until you have the funds in your bank.

Hi thank you for the reply, as my solicitor already payed the benefit department and then took the rest of my compensation for himself have I got grounds to ask benefits for the money back?
Kind regards

Your situation seems unusual and it is one we would recommend that you discuss with both the benefits office and also with the regulators covering the Solicitors in question – the Solicitors Regulatory Authority and Legal Ombudsman Service so that an independent review of the costs charged to you by your Solicitor can be undertaken.

I’ve been told I would receive £25,000 for the injury I sustained. However after Solictor fees and premium fee I will receive a total of £10,170. I’m currently on Universal credit with the limited capability to work meaning I’m unable to work I also receive pip, council tax reduction and school meals for my children . How will these all be affected by my personal injury award . I spoke to financial advisor through my Solictor’s however they said a personal injury trust fund isn’t right for me and not to have one . I have no savings at all so this lump some of £10,170 will be all I have. I was told by the financial advisor that I have. 52 week grace period and because I need to buy some things for the house to help with my disability due to my accident and that I’d be paying for private physio that I would more than likely be under the £6,000 saving threshold before the 52 week grace period finished and just to save all my receipts for big items purchases. I’m really worried and don’t know what to do as last thing I want is to have to use the lump sum award to be used for daily cost of living, rent etc and not for things that may help improve my disability I’m left with or make it a little more comfortable at home for. I need to get new flooring. As the one I have currently is dangerous with my new disability and causes me to have a couple of accidents, also some purchases of a mattress and some aids for walking and a sofa that is easier for me to sit down on and easier for me to stand back up again And private physio as I never received physiotherapy from nhs like I was meant to. Do I just have to keep Receipts for the amount that exceeds the £6000 and what are my options with this . I’m really worried and don’t want to be in the same position I was after my accident please can you share some advise

The advice you have received appears to be correct in that once you fall below the £6k threshold, any Universal Credit entitlement will not be impacted.

Hi there, I was in a car accident almost
3 years ago and I’m just about to get my settlement. It’s almost £8000 but the layers are taking their 20% before paying me the rest. I think I’m going to be paid about £6135.

I’m on working tax credits and child tax credits and really don’t want to be put onto universal credit automatically. I don’t know if this payment will trigger it?

Around £500 of the money is reimbursement for the car seat I had in the accident and the chiropractor I went to afterwards. Almost £900 is for CBT therapy for anxiety I was recommended get but haven’t booked yet due to not having the funds yet.

Will the DWP see this as I got £8k savings despite the fact £2k went to the lawyer and about £1.5K is for refunds/future medical treatment?

Of course, you should always be open and honest with the DWP regarding your financial situation. However, in your case you appear to be under the £16k threshold if you include savings and settlement, so you should be ok.

Hi was in a car accident in 2014 that resulted in me needing spinal fusion. I was awarded a settlement for £40,000 and I put that in a personal injury trust. I used that money towards a deposit on a house.
Unfortunately I had serious fall in 2017 that wasn’t my fault and it resulted in another surgery to my neck and because of this I ended up being medically retired from work. I’ve recently been awarded £20,000 and I’ve been told I can put it into my existing personal injury trust providing I’ve got a copy of my solicitors letter to support the injury compensation. Is this correct? I’ve got to pay back any sick pay I received but I’ve not been made aware I’d have to pay back any existing benefits I’m receiving. Do you think I would?

If your settlement is placed in to trust, the value of the settlement should not be seen as your own personal finance and that should not impact on any benefits that you currently receive.

I am in receipt of ESA and DLA benefits. I have recently won compensation of £30 000. Which benefit department do I report this too. Do I have a year to invest this without my benefits being stopped. thanks. Sarah

Did you have a Solicitor acting for you in your claim? If so, they should be able to assist you with setting up a trust to ensure that any impact to your benefits entitlement is mitigated.

In terms of declaring the compensation, you should contact the Department for Work and Pensions.

I had a injury some time back which has left me permanently disabled. I applied for and received a personal independence payment (PIP) to assist with mobility and care and continue to do so. Recently after several years I have managed to get an injury payment from those who did not treat my injury adequately. I am told that this payment would be subject to CRU payment – i.e. payment of benefits received. I am confused as to why this payment needs to be made, because I will continue to receive the PIP award going forward.

Is this correct, am I liable to payback the PIP from date of first received to injury payment especially when my understanding is that the PIP has been awarded due to my mobility and care needs which will continue and potentially increase as I get older?

Much will depend on the amount of compensation you will receive and whether that money is paid directly to you or placed in a trust. Before you accept the settlement, you should seek specialist advice via your Solicitor or a financial planner as it would be worth delaying receipt of the payment to ensure that you can minimise the impact on any benefits entitlements or the requirement to reimburse the DWP.

Hi I am due a compensation from CICA which is £16,000 and would like to now if this will effect my benfits

Before you receive settlement, we would advise that you discuss the potential impact of a settlement of such an amount on your benefits entitlement with a specialist organisation such as the Citizens Advice Bureau. If you used a Solicitor to help you with your CICA claim, they will be able to help you with this. Alternatively, the CICA should also be able to offer you advice.

Hi, my mother has received a total of £8900 for a crash she was in. However, she claims PIP, income support and child tax credit. Is there a way around them not stopping her benefits?

Solicitors should be mindful of the potential impact on benefits entitlement that a settlement in a claim for personal injury can present. There are legal ways around the impact on entitlement including placing some of the settlement in trust etc. Your Mothers Solicitor should be able to link her to a specialist advisor who can help her in this area.

Hi I have been putting off going for a claim after I cut a tendon in my finger in an accident at work. I have had surgery to fix it, but the surgery didn’t work as well as hoped, so my finger now doesn’t move properly. I delayed making a claim as my partner said that her benefits would be affected as she doesn’t work.

Whilst benefits entitlements can be impacted by receipt of a compensation settlement, there are legitimate ways in which a claimant can mitigate the loss of any benefits and specialist Solicitors can assist successful claimants to obtain specialist advice and support in cases where a claim value may impact on benefits rights. However, in your case you have sustained a permanent injury that will impact on your dexterity and close motor-skills for the rest of your life and the impact that such an injury could have on your ability to work properly and earn as much as you may otherwise have earned surely outweighs whether or not your partners benefits rights are entitled! Our article on finger injuries will give you more information.

Given the injury you have sustained, our view is that not attempting to pursue a claim is a short-sighted move and one you may well end up regretting if you allow your claim limitation period to expire.

I have just had a payout for an injury and was wondering if it affect my universal credit pay, the amount was £1000.

The amount you mention is unlikely to impact on your universal credit payments and your rights under that scheme.

I am currently receiving benefits for 4 yrs for my loss of earnings and not being able to work due to a hammer beating that severely caused my business to collapse and become immobile. I have a solicitor who is no win no fee but I’m so worried she says that I will have to pay back all of my compensation well most of it at least £60,000 of it. I have a loss of earnings claim and personal injury claim with this sols. I am on (mortgage payments interest only ) with mortgage holding off until claim comes through, I also receive PIP,ESA , my main worry and concern is that whilst I’m claiming if its true what she implies about benefits being deducted is this from loss of earning only or P I Claim? I live alone am worried I’m wasting my time if I then pay all the money back and still loose my home and concerned why my sols has not mentioned a personal injury trust that I have been told about that could protect my claim and benefits from being taken leaving me penniless.

It is true that benefits entitlements can be altered by receipt of a compensation settlement. However, your Solicitor should be able to assist you with wealth management advice as to legal ways of receiving your settlement in such a way that it does not reduce your benefits entitlement and allows you to receive settlement in a way that prevents you from losing out.

Hello I currently receive universal credit and I’m due a cheque for £1,077.90 in 2 days do I need to declare this?

We would always recommend that any compensation settlement or other income is declared to the benefits office in order to ensure that no restrictions are broken or breached. It is likely that your compensation will not impact on your benefits entitlement in anyway.

I was injured in an RTA Oct 18. I have had numerous scans and tests. MRI shows legion to left ankle, which is quite painful and has caused weakness and buckling. I am in receipt of ESA due to severe arthritis of right hip. Can I set up a Trust? how much are the fees?

If you have a Solicitor acting for you in your claim for personal injury compensation, they will be able to link you with a qualified financial planner or advisor who would be able to assist you in minimising the impact of any settlement on any benefits entitlements, including setting up a trust or making appropriate investments.

The costs of such services is not something we can advise on, but it would be wise for you to investigate such avenues.

I’m on esa support group and on pip but had a car accident the other day, am thinking of claiming whiplash injuries, do i have to tell the DWP about any compensation i receive? it is about 3000 a claim or less.

The reality is that your claim would not be of a sufficient value for you to have to disclose any settlement to the DWP. However, a specialist Solicitor would ensure that you were made aware of your rights and obligations and that if the settlement were to exceed any benefits threshold, that appropriate action was taken to ensure that you could receive settlement in such a way that the impact on your benefits entitlements was minimised within the law.

We can help you with your claim for whiplash.

I received in 1993 a6% award for vibration white finger for life although it wasn’t enough to entitle me to a pension. Over 20 years my condition has deteriorated and now I have been told I have carpel tunnel as well, I am 70 years old and claim housing benefit and council tax benefit. I have been told if I make another claim it will effect my ongoing claim for these benefits, could you please let me know if this is correct?

Any compensation settlement that is of a financial value that is above the allowable benefits criteria would need to be disclosed to the DWP and benefits could be impacted. However, Solicitors are used to assisting clients who succeed in a claim with financial advice that enables them to maintain their benefits entitlement whilst still receiving compensation via legally accepted methods such as trust funds and slow release of settlement amounts. We’ve an article on vibration white finger claims which might be of interest.

If I’m on benefits but my friend isn’t And I get a large some of compensation like £50,000 and had it paid in a cheque in a friends name and he put it in his account, will I still have to declare it or will it be ok as my friend isn’t on benefits and it’s in his bank?

It would be unwise to attempt to ‘cheat’ the system and not to declare any lawfully received compensation settlement. Further, what is to say that your friend won’t cheat you out of your compensation? We would not recommend the course of action you suggest.

The concerns you have regarding a benefits settlement impacting on your benefit rights are common. You should discuss your situation with your Solicitor as they will have legitimate ways of minimising any impact on your benefits entitlements and will ensure that your financial situation is handled legitimately and that your best interests are served.

Hi I have been awarded 11000 compensation due to a sexual incident. I’m worried cos I claim house benefit tax credit and carers allowance. I do not want to go over what I’m allowed and scared now to claim this compensation.

It is important to remember that you are being awarded compensation due to having suffered emotionally and physically, especially given the nature of the incident that lead you to making your claim.

If you have been represented by a Solicitor, they should be able to assist you with regards to making sure that your award is paid to you in such a way that it falls below the required threshold for disclosing the settlement sum to the benefits authorities. If you have acted independently and made a claim without representation, you should make contact with your Citizens Advice Bureau to discuss the settlement and how you can minimise any loss of benefits entitlements. Of course, you should disclose the sum to the authorities at the appropriate time, but not before you have sought advice.

The whole point of compensation is to ‘compensate’ you – the victim of an upsetting incident. For that compensation to then see you lose any benefits entitlement (even if short-term), would then effectively see you not being compensated fairly.

Good evening i am getting p.l.p and industry injury payments. I would like some information regarding about payout. Will it affect my payout?

Most benefits are means tested and as such, receiving large lump sums of compensation can have an impact on certain benefit entitlements. With this in mind, Solicitors that do settle claims for claimants that receive benefits will be able to discuss with their client as to the best way to avoid impact on benefits entitlements. In most cases, this will see a claimant receive a portion of their settlement initially and then have the rest placed in a trust fund that will enable them to draw down an annuity annually that will remain below the income level that would impact on their benefits.

I was in a car accident 1 year ago and recieved treatment ect I have been offered a settlement in the region of 4.5k, but not yet agreed or recieved this,our financial situation has changed were my husband no longer works so as I work part time now we have been advised to claim universal payment. I have recieved a certificate from the cru to say nothing is currently owed to them but my question is, will me receiving this payment reduce our benefit entitlement or am I better waiting until the claim is fully settled and paid before claiming our benefit entitlement and just struggling thro until then?

Your Solicitor should be able to help you make contact with people who can assist you with advice as to how to minimise the impact of any compensation settlement on any benefits entitlement you may have. Of course, receiving compensation should be compensatory for losses and injuries etc sustained, so if the compensation settlement is effectively lost in lost benefits entitlements, it would render the purpose of claiming compensation pointless.

We would recommend that you speak with the benefits agency regarding your situation and discuss the potential claim settlement value and whether it would impact on your entitlement. Our initial view is that the amount you mention is UNDER the threshold, so it shouldn’t impact on your benefits claim – but again, we recommend that you discuss that with the appropriate people.

I will shortly be receiving a compensation one off payment for harm (£10K) from my local authority while in their care as a child. I am age 60 and in receipt of ESA/PIP/HB and CTAX benefit. Will I have to declare this compensation to the DWP or will my compensation payment be exempt when it is paid.

You should declare any payment – although it is often done automatically anyway. The value of your settlement shouldn’t impact on your existing benefits entitlement but your Solicitor or legal representative should be able to link you to an appropriate financial advisor who can ensure that your settlement is paid to you in a way that doesn’t damage your existing position.

Hi, I receive PIP and ESA benefits, I was in a road traffic accident a few months ago and I’ve now been giving an offer of £2200, my solicitor takes 15% of that so that leaves me with just under £2000, will any of my benefits be affected? I was on benefits before the accident (I wasn’t claiming benefits because of the accident) .

I’ve also read about a trust fund, will I need this even though the road traffic accident claim is a small amount? Will I also need to inform the DWP of my successful claim?

With a settlement of that value, it is unlikely that you will have anything to worry about. You should double check with your Solicitor, but my view is that you need not be concerned.

I don’t get any benefits only child tax credit and Carers allowance Child benefit. I have got my renewal form from the tax credits, do I have to tell them how much money I have in the bank as got compensation from a accident in 2013?

It is important to disclose any requested details to HMRC and the tax credits authorities, but it is unlikely that your compensation settlement will have an impact on child tax credit and carers allowance benefit.

hi my mother had a fall at home due to work done by contractors and is due a compensation claim, she will receive after the solicitors have taken there fee just over £3000, do you know if this will effect her benefits, the solicitors have sent her something about putting the money in a trust but to do this she will have to pay out of the money another £650 so will leave her even less can you help, i was wondering if i could be a trustee for her.

Compensation settlements for previous/past losses and injuries are not deemed to be taxable income and I would therefore doubt that any such payment of £3000 to your mother would have an impact on her benefits claim – although I would stress that all financial sums held by a benefits claimant ought to be disclosed.

In claims for compensation, the only sum that can be deemed as taxable would be the element of the settlement that provided for lost income that would usually have been taxed at the point of earning if one is a PAYE worker or via a self-assessment return for a self-employed worker. This would also apply to future loss of income if a claimant was left unable to work for a considerable time after the settlement were awarded.

Thank you Ian, what do you think about her having a trustee, would this help in any way what so ever?

I would say that at the level of compensation that you expect to receive and given the proposed cost of the trust fund, it is not really worth going down that route.

Your Mothers Solicitor should be able to put you in touch with wealth management people who can offer best advice regarding how to protect a settlement value in the best way. Such discussions should not cost you – particularly when you are simply finding out what proposals or offers the financial people can make.

Hi I receive pip, esa, child tax, housing/council tax, I am in the middle of a car crash claim and looking to receive about 16.5000 in compen due to excess damage caused I am wondering if this will effect my benefits and if so is it possible to have the money paid to someone else as a Trustee for me? Thank you.

Your specialist Solicitor should be able to arrange a suitable and legitimate way to have your settlement paid in to a trust in order that it does not exceed the threshold that can impact any benefits entitlement.

Hi I had a fall at work 5 months ago since then I have had lots pain in my back legs I am still at work but am struggling to do my job if I left would I be able to claim esa I am also a career as I have an disabled adult son.

If you are forced to leave work on medical grounds, make sure you receive written evidence to support this requirement from your GP as any future benefits claim will require evidence to support the fact that you can no longer work.

You may also be entitled to claim compensation for the injuries after the accident at work. You may be able to make a claim against the employer for the fall that you had and I would be interested in speaking with you about this. One of the great benefits of pursuing a claim for compensation is that you can not only look to receive compensation for the injuries, but also get rehabilitation therapies (such as physiotherapy or even surgery) provided at the expense of the 3rd party.

In your case, whether or not you have a viable claim against your employer will depend on what caused your fall and whether or not the employer would be held responsible for your fall.

I am about to receive 10.5k in compensation for an accident I had 3 years ago.
I was made redundant last september and when I claimed I was put on ESA, It is Income related due to my partner being on the same claim and I have just been put in a support group (not work related)
I have no other savings.

I have 2 questions.

Would I have to pay back the ESA I have already received?

Will my benefits change?

Sorry I am just worried as i’m already struggling to pay my mortgage as it is.

Thanks in advance.

It is very difficult for us to give advice in this situation as we don’t know the full details of your situation or the nature of your compensation settlement.

I would strongly suggest that you take advice from the Citizen’s Advice Bureau and also speak to your Solicitor. In most cases, your Solicitor should be able to refer you to a financial planner who will be able to ensure that any settlements you receive are received in the most tax efficient manner.

I hope that this helps.

I am currently receiving universal credit and due a large settlement within the next few months. Will i have to pay back the benefit i have received out of my settlement?

This is a complex issue to explain and very difficult to do properly by way of a comment without knowing the full details. What I can say is that if you are receiving benefits to enable you to live as a result of being unable to work, your Solicitor will be able to help you find the most efficient legal ways to receive your settlement without it having an undue effect on your benefit payments.

Clearly, the compensation you will receive should be compensation rather than simply to replace benefits. However, if you have over a certain threshold of money, your benefits can be reduced or removed. To this end, Solicitors can help you look at ways of having the settlement paid in to a trust fund or similar so that you can receive some of the money at first, then the remainder in instalments so that it doesn’t impact on your usual benefits receipts. Of course, each case is different and as such, I would strongly recommend that you speak with your Solicitor – who knows the full facts of your situation and settlement amount – to get specific advice that will aid you with the way you opt to handle your settlement.

I hope this helps.

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