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ESA3 Guidance Trust Funds
- Tea_Uu
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9 years 3 months ago #130789 by Tea_Uu
ESA3 Guidance Trust Funds was created by Tea_Uu
Hello
I wonder if someone could give me some guidance on how to complete the trust fund questions in the ESA3 form?
I am the appointee for my sister who has severe learning disabilities. I completed and returned the ESA50 form before Christmas and was contacted by the DWP by telephone last week to confirm that my sister has been placed in the Support Group and awarded contribution based ESA. They also sent me a ESA3 form to complete to see if she is also entitled to means tested ESA.
As part of his will, my father set up a discretionary trust for my sister, specifically to ensure her inheritance did not impact her benefits. I and one of the solicitors handling the estate are trustees. Since the trust is discretionary it does not "belong" to my sister and she has no absolute right to the funds.
Part 14 of the ESA3 form asks for information about trusts in two places and I'm not sure if or how to complete the boxes on the form. On page 24 the form asks for information about bank and building society accounts, savings and property and explains that "By 'savings' we mean all money, savings, investments and property in the United Kingdom (UK) or abroad which belong to you or your partner". Below this heading is a box for "Money or property held in trust". Then overleaf on page 25 there is another box for "Money from a trust fund".
Since the trust is discretionary and the money therein does not "belong" to my sister I don't believe I need to enter information in these boxes, but I'm not sure. Can anyone give my any guidance or any experience of answering these questions that may help me further?
Many thanks.
I wonder if someone could give me some guidance on how to complete the trust fund questions in the ESA3 form?
I am the appointee for my sister who has severe learning disabilities. I completed and returned the ESA50 form before Christmas and was contacted by the DWP by telephone last week to confirm that my sister has been placed in the Support Group and awarded contribution based ESA. They also sent me a ESA3 form to complete to see if she is also entitled to means tested ESA.
As part of his will, my father set up a discretionary trust for my sister, specifically to ensure her inheritance did not impact her benefits. I and one of the solicitors handling the estate are trustees. Since the trust is discretionary it does not "belong" to my sister and she has no absolute right to the funds.
Part 14 of the ESA3 form asks for information about trusts in two places and I'm not sure if or how to complete the boxes on the form. On page 24 the form asks for information about bank and building society accounts, savings and property and explains that "By 'savings' we mean all money, savings, investments and property in the United Kingdom (UK) or abroad which belong to you or your partner". Below this heading is a box for "Money or property held in trust". Then overleaf on page 25 there is another box for "Money from a trust fund".
Since the trust is discretionary and the money therein does not "belong" to my sister I don't believe I need to enter information in these boxes, but I'm not sure. Can anyone give my any guidance or any experience of answering these questions that may help me further?
Many thanks.
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- Gordon
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9 years 3 months ago #130809 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA3 Guidance Trust Funds
Tea_Uu
I am afraid we cannot give detailed financial advice on the forum. You can get face to advice from a qualified advisor, do an internet search for "welfare advice" with you postcode, town or county.
As a general rule it is better to disclose information to the DWP rather than not, we too often see members who assumed they did not need to only to find at a later date that they did.
Gordon
I am afraid we cannot give detailed financial advice on the forum. You can get face to advice from a qualified advisor, do an internet search for "welfare advice" with you postcode, town or county.
As a general rule it is better to disclose information to the DWP rather than not, we too often see members who assumed they did not need to only to find at a later date that they did.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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