Website Cookie Policy

We use cookies to give you the best possible online experience. If you continue, we’ll assume you are happy for your web browser to receive all cookies from our website.
See our cookie policy for more information.

Practice Areas

More Information

Leeds: 0113 244 6100

Sheffield: 0114 267 5588


Send us an enquiry

Council means test of PI damages resisted

10 April 2014

A local authority has been successfully challenged after including a compensation award in the means test for residential care benefits

Wrigleys' community care law team were instructed by the deputy of a young person who was injured as a child, now living in a residential home. She had received compensation for her injury and a deputy had been appointed by the Court of Protection to administer these funds.

A local authority sought to take account of the capital sum on the basis that the disregard of capital derived from a personal injury award which exists where the disposition of that money is controlled by the Court of Protection, did not apply to funds controlled by a Court appointed deputy.

Legal representations were made to the effect that this was wrong in law.

The authority conceded the argument against including the capital sum in the means test, apparently on the basis that the funds remained in the Court Funds Office. Without giving reasons it rejected a number of other arguments raised by Wrigleys which we consider to be strong.

Wrigleys community care team considers that funds controlled by deputies are to be disregarded in the residential care means test whether the money is in an account in the name of the deputy or remains at the Court Funds Office. There are a number of different ways of arguing this point. It appears likely to be one that will be raised again until definitively determined in judicial review proceedings.

If you would like to discuss any aspect of Wrigleys Community Care services further, please contact Austin Thornton on 0114 267 5588.

Further information about Wrigleys Community Care services is available here

Disclaimer: The information in this article is necessarily of a general nature. Specific advice should be sought for specific situations. If you have any queries or need any legal advice please feel free to contact Wrigleys Solicitors

Austin Thornton View Biography

Austin Thornton


26 Jan 2021

High Court finds non-compete, non-dealing and non-solicitation restrictions to be unlawful restraint of trade

Decision took account of employee’s length of service prior to leaving the organisation.

25 Jan 2021

What are the Charity Commission filing obligations for my charity? Part 3: The Annual Accounts

A closer look at your charity’s obligation to prepare and file annual accounts.

20 Jan 2021

Wealth Tax: Q&As

Your questions answered.