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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 Lynne Bradey on 0114 267 5584.

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



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