By Mencap
I’m Leanne, the Wills and Trusts Officer at Mencap. My role requires speaking to many families and carers by e-mail and over the phone. I offer support on the importance of Wills and Trusts; particularly around the importance of protecting the financial Financial means anything that is to do with money. It is used to describe how people, businesses, or governments get money and how they use it future of a loved one with a learning disability A learning disability is to do with the way someone's brain works. It makes it harder for someone to learn, understand or do things. after they are no longer here. Using a Discretionary Discretionary means it is up to somebody to decide if you get something. or Disabled Person’s Trust fund can help to achieve this.
One huge concern that families and carers are eager to discuss with me, are the means tested benefits and support packages their loved ones are currently in receipt of or may be entitled to in the future and how they can they best protect them. These are packages that so many families and carers have fought long and hard to ensure their loved ones are receiving the support they so rightly deserve.
Providing the Discretionary or Disabled person’s Trust fund has been set up correctly, with the assistance of a specialist legal professional, and is being managed properly, there should be no reason why means tested benefits will be negatively impacted. Many families and carers worry they are breaking the
law
Laws are the rules that everyone in the country has to follow. If you don't follow the rules you can get in trouble with the police.
because the Department of Work and Pensions are asking questions about the type of Trust fund they have set up and how it is being used. We know how worrying it can feel when questions and queries are asked about the Trust fund; families and carers begin to question everything.
About setting up a Discretionary or Disabled Person’s Trust fund
Some of the key things to remember when setting up a Discretionary or Disabled Person’s Trust fund and how to use it effectively for your loved ones:
- Discretionary Trusts and Disabled Person’s Trusts do fully protect means-tested benefits. It’s in the legislation.
- Department for Work and Pensions are not legally trained to understand the nature of these types of Trust funds, so it’s very important to give them the correct information about what you have been advised by your specialist legal professional.
- The Trust must be discretionary by nature; there should be at least two beneficiaries that could potentially benefit from the Trust.
- The beneficiaries in receipt of means tested benefits must not receive a regular income Income is all the money you get from things like paid jobs and government benefits. from the Trust fund, instead the Trustees should use their discretion to make payments or purchase things on the beneficiaries’ behalf.
- If you are struggling, contacting the specialist legal professional that helped you put these provisions in place will be able to offer you legal guidance Guidance means being given clear instructions to be able to do something well. and advice.
Free Planning for the Future Webinars
Mencap’s Wills and Trusts Service A service gives people what they need, like healthcare services that help people when they are ill, and support services that give people support. discuss how important it is to protect the means tested benefits and support packages of a person with a learning disability. At our free Planning for the Future Webinars, we explain everything you need to consider when putting provisions in place to protect these packages.
For further information, please contact the Wills and Trusts Service
The team can be reached directly by:
- Phone: 020 7696 6925
- Email: [email protected]
Emma Young