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HOME SERVICES PRICE LIST JARGON EXPLAINED ONLINE LAST WILL CONTACT US TERMS AND CONDITIONS Mencap Guidance Notes only. This section of our website is only to be used as an insight into MENCAP issues. As we recognise that it can be an extremely complicated area we recommend you use the reference points shown below, or if you wish further assistance from Abbey Wills then simply use the Parents and or relatives of mentally handicapped people often seek professional advice on the most appropriate provision which can be made by a Intervivos Trust, for their handicapped relative. TRUSTS FOR THE BENEFIT OF MENTALLY HANDICAPPED PEOPLE. These parents and or relatives of mentally handicapped people often wish to provide after their death for accommodation and or any other extra provisions considered by them as beneficial to their mentally handicapped relative.

These extra provisions would not otherwise be made available by way of state or local authority provision. Some parents and relatives may wish to create Trusts during their lifetime for the benefit of their handicapped relative. They may wish to add value to these Trusts by giving additional legacies in their Trust does already exist, others often wish to ensure a Provision by means of a Two inter-related factors should be considered when drafting a Possible loss of entitlement to state provision. Income Support and Severe Disablement Allowance: For many years there has been regulations dealing with the rights to certain benefits of persons who are entitled to receive income or capital under trusts. Many handicapped people aged sixteen or over are entitled to the Severe Disablement Allowance, if they are unable to work.

This allowance is not affected by any means test, thus any Trust entitlement. Therefore, in some cases, it could be better for the mentally handicapped person to claim this allowance and also claim Income Support top-up. Income Support, in contrast, this benefit is means tested. This cash benefit is for people whose income falls below a certain specified level. It is not available to disabled people aged sixteen and over, who are not in full time education (apart from special education) and who either are not working or have a low earning capacity, if they have capital of 6000 or less. Capital of between 3000 and 6000 will result in reduction of benefit by introduction of a notional tariff income of 1 for every complete 250 or part thereof between the capital disregarded and the capital upper limit. Regarding the current capital limit of 6000, the Income Support (general) regulations S.I.

1987 No. 1967 provides how the capital resources of the beneficiary under a Trust will be assessed. In the case of Life Interests, although it can be argued that a life interest in a In the case of 'discretion' to pay or apply capital for the benefit of an individual(s), it appears that as a result of regulation 51(2) of the 1987 regulations the DSS will only treat such capital as part of the individual`s capital resource, if and when it is actually paid or applied for his or her benefit. In the case of 'discretion' then regulation 42(2) applies. It therefore appears that such Trust income will not be taken in to account when it is actually paid or applied. In contrast, there is a right to income.

That income will either reduce or end entitlement to Income Support payments, depending on the income amount. Although Local Authorities have a responsibility to comply with numerous and complex Laws relating to their responsibility to provide accommodation (or fund or part fund care and or accommodation) it would appear that some authorities implementation of the regulations differ, if only slightly. You can refer to various sources of Government and Local Authority information, but here is some of the Laws / Acts and Benefits that may be well worth exploring ;- 1) Inheritance (Provision for Family and Dependants) Act 1975 2) Income Support (sections 51(2), 42(2)) also general regulation S.I.

1987 No. 1967) 3) DSS (paragraph 13 of schedule 10, 1987) 4) Severe Disablement Allowance 5) National Assistance Act 1948 (Part III, sections 21, 22(3) and 26) 6) Supplementary Benefits Act 1976 (paragraph 29 of schedule 1) 7) DSS (circular LAC(78)8 30th May 1978) 8) National Health Service Act 1977 (paragraph 2 of schedule 8) 9) Disability Rights Handbook 14th Edition, April 1989 )pages 159-160) 10) Court of Protection 11) Royal Society (Homes Foundation Department) This section of our website is only to be used as an insight into MENCAP issues. As we recognise that it can be an extremely complicated area, we recommend you use only as a general guide. If you wish further assisatnce from Abbey Wills then simply use the Alternatively, you can of course contact Abbey Wills directly by telephone on 01903 268233.

This section of our website is only to be used as an insight into MENCAP issues. As we recognise that it can be an extremely complicated area we recommend you use the reference points shown below, or if you wish further assistance from Abbey Wills then simply use the Contact Us button. We shall be happy to provide additional guidance.Parents and or relatives of mentally handicapped people often seek professional advice on the most appropriate provision which can be made by a Last Will and Testament or, for their handicapped relative.These parents and or relatives of mentally handicapped people often wish to provide after their death for accommodation and or any other extra provisions considered by them as beneficial to their mentally handicapped relative.

These extra provisions would not otherwise be made available by way of state or local authority provision. Some parents and relatives may wish to createduring their lifetime for the benefit of their handicapped relative. They may wish to add value to theseby giving additional legacies in their Last Will and Testament . Where adoes already exist, others often wish to ensure a Trust Fund is created and operates after their death.Provision by means of a Trust is often favoured, as this enables provision to be made via third parties, the Trustees. This may also limit the possibility of an application being made to The Court of Protection for a receiver to be appointed, which is also expensive and often subject to delay.Two inter-related factors should be considered when drafting a Last Will and Testament with Trust Funds incorporated.

Firstly, any possible loss of state provision (state benefits, residential accommodation fees etc) and secondly, the possibility of any claim being made under the Inheritance (Provision for Family and Dependants) Act 1975 on behalf of the mentally handicapped beneficiary. Such claims are made on the basis that reasonable financial provision has not been made for the person concerned.For many years there has been regulations dealing with the rights to certain benefits of persons who are entitled to receive income or capital under trusts.Many handicapped people aged sixteen or over are entitled to the, if they are unable to work.

This allowance isaffected by any means test, thus anyentitlement. Therefore, in some cases, it could be better for the mentally handicapped person to claim this allowance and also claimtop-up., in contrast, this benefitmeans tested. This cash benefit is for people whose income falls below a certain specified level. It is not available to disabled people aged sixteen and over, who are not in full time education (apart from special education) and who either are not working or have a low earning capacity, if they have capital of 6000 or less.Capital of between 3000 and 6000 will result in reduction of benefit by introduction of a notional tariff income of 1 for every complete 250 or part thereof between the capital disregarded and the capital upper limit.Regarding the current capital limit of 6000, the Income Support (general) regulations S.I.

1987 No. 1967 provides how the capital resources of the beneficiary under awill be assessed.In the case ofalthough it can be argued that a life interest in a Trust Fund is an asset which can be sold and therefore has a capital value, paragraph 13 of schedule 10 of the 1987 regulations specifically provides that the value of the right to receive any income under a life interest is capital to be disregarded.In the case of Trust Fund where there is ato pay or apply capital for the benefit of an individual(s), it appears that as a result of regulation 51(2) of the 1987 regulations the DSS will only treat such capital as part of the individual`s capital resource, if and when it is actually paid or applied for his or her benefit.In the case of Trust Fund where the payment of income is also subject tothen regulation 42(2) applies.

It therefore appears that suchincome will not be taken in to account when it is actually paid or applied.In contrast, there is a right to income. That income will either reduce or end entitlement topayments, depending on the income amount.Although Local Authorities have a responsibility to comply with numerous and complex Laws relating to their responsibility to provide accommodation (or fund or part fund care and or accommodation) it would appear that some authorities implementation of the regulations differ, if only slightly.You can refer to various sources of Government and Local Authority information, but here is some of the Laws / Acts and Benefits that may be well worth exploring ;-1) Inheritance (Provision for Family and Dependants) Act 19752) Income Support (sections 51(2), 42(2)) also general regulation S.I.

1987 No. 1967)3) DSS (paragraph 13 of schedule 10, 1987)4) Severe Disablement Allowance5) National Assistance Act 1948 (Part III, sections 21, 22(3) and 26)6) Supplementary Benefits Act 1976 (paragraph 29 of schedule 1)7) DSS (circular LAC(78)8 30th May 1978)8) National Health Service Act 1977 (paragraph 2 of schedule 8)9) Disability Rights Handbook 14th Edition, April 1989 )pages 159-160)10) Court of Protection11) Royal Society (Homes Foundation Department)This section of our website isto be used as an insight intoissues.

As we recognise that it can be an extremely complicated area, we recommend you useas a general guide.If you wish further assisatnce from Abbey Wills then simply use the Contact Us button. We shall be happy to provide additional guidance.Alternatively, you can of course contact Abbey Wills directly by telephone on



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