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Personal Injury Trust - and migration from ESA to UC

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6 days 20 hours ago #303023 by RosiePosie
Hi there

I am in the ESA Support Group and have received the migration notice to UC. Regarding the section about 'potentially disregarded' finances, I have ticked "compensation payment" - however the form does not ask if this is in a Personal Injury Trust (which it is and so should definitely be disregarded.) I told the DWP/ESA about the Personal Injury Trust 5 years ago - and my benefits continued fine. Is there anywhere I can explain and provide the Trust reference number on this migration form? . . . I have heard talk about adding notes at the end, for various things - maybe in the "journal"? But I can't see where I can do this yet, as I have not "submitted" the form. Also, wondering if anyone knows whether UC would simply cross-reference this type of thing with my records that are already on file with ESA/DWP - and so will already know that the compensation payment is in a trust fund? . . . Any illumination gratefully received. Thanks! :)

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6 days 11 hours ago #303043 by David
Hi RosiePosie

It will be disregarded, see below. You can give them full details via the UC Journal after you have submitted your claim.
Personal Injury Compensation Payments
If a person has been awarded a sum of money
as a result of a personal injury to themselves, the
amount is disregarded as capital if the sum is
either:
• held in trust
• administered by the court
Payments made from the Criminal Injuries
Compensation Fund will also be disregarded

data.parliament.uk/DepositedPapers/Files...disregards_V26.0.pdf

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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