Mr. Patrick Rodgers:

It is parked, but there are a few points to note about trust funds. The trust fund has to be set up as a result of a personal injury. Obviously, a health-related payment scheme would definitely qualify as being the result of a personal injury. The way the decision-maker guidance is worded hints at a kind of no win no fee personal injury court case, but it is not definitive in that. We would like that to be cleared up. What we would really like to see is clarification on whether unearned income is taken into account for means-tested benefits and whether it will be taken into account with regard to capital. There may be some latitude within the decision-maker guidance whereby it does not have to be taken into account. The second problem is that it is unclear whether decision-makers know about that. It is not just about getting a clarification from the Department for Work and Pensions. We want that information to be disseminated to decision-makers so that if they ever ask for capital details from someone who has received money, they know that that money should be disregarded.