The Blue Badge regulations will be amended from 30th August 2019, in England, for those with a hidden disability which limits their ability to walk safely. The Blue Badge regulations will be amended from 30th August 2019, in England, for those with a hidden disability which limits their ability to walk safely. Blue Badge holders are able to park closer to their destination, either as the driver or passenger, in disabled parking bays, usually for free on streets with parking meters or pay-and-display machines, and on single or double yellow lines for up to 3 hours in certain circumstances. The eligibility criteria for a Blue Badge has been extended beyond those with a physical disability to now include those who: • cannot undertake a journey without there being a risk of serious harm to their health or safety or that of any other person; • cannot undertake a journey without it causing them very considerable psychological distress; • have very considerable difficulty when walking (both the physical act and experience of walking); and • scored 10 points under the 'planning and following journeys' activity of Personal Independence Payment (PIP) by virtue of being unable to undertake any journey because it would cause overwhelming psychological distress to them. This will lead to automatic entitlement in much the same way as scoring 8 points under the ‘moving around’ activity of PIP which is already in place. The regulations also amend the current requirement that the disability be 'permanent and substantial', changing it to 'enduring and substantial'. Those who do not meet the automatic eligibility criteria linked to PIP awards, can still apply and go through the standard assessment process. Under the new regulations, ‘expert assessors’ with specialist experience of non-physical impairments, can be appointed by the local authority to undertake the assessment to determine eligibility.
What happens to my personal injury trust when I die?Sep 8th, 2017
It is appropriate for the majority of personal injury trusts to be established as Bare Trusts. On your death the trust will end and any money within the trust fund will form part of your estate. If you have left a Will then the terms of this will determine distribution of the trust, otherwise the Rules of Intestacy will dictate distribution.
The trustees of a personal injury bare trust will not be liable to pay inheritance tax (IHT) and the money is simply paid over to the personal representatives of the estate on sight of the grant of probate; any IHT payable is the liability of the personal representatives of the estate rather than the trustees of the PI trust.
If a pure Discretionary Trust has been established, the trust deed will indicate what happens to the remaining trust fund.In addition to the injured person, there can be other potential beneficiaries and the trustees have a greater degree of flexibility in holding and applying the trust fund for the beneficiaries.
For IHT purposes, the trust will be subject to the relevant property regime.
In the event the beneficiaries of the Estate are in receipt of means-tested benefits it may be beneficial to ensure a suitable Will is created so that bequests are held in a separate trust, created in the Will, in order to maintain the support received by the recipient.