Expert Witness Journal Issue 67 June/July 2026 - Flipbook - Page 75
New High Court decision con昀椀rms
claimants can seek means tested
social care while holding damages
in a personal injury trust
by Philippa Luscombe, Partner at Penningtons Manches Cooper.
damages are assessed to meet speci昀椀c current and
long term needs – such as suitable accommodation,
therapy, and equipment.
The High Court’s decision in R (CGT) v West Sussex
County Council [2026] EWHC 293 (Admin) provides
welcome clari昀椀cation on how local authorities must
treat damages held in a personal injury trust when
determining eligibility for social care funding under
the Care Act 2014 (which is means tested).
A personal injury trust is a legally binding
arrangement for holding and managing funds
received as a consequence of an injury. The trust
must be managed according to speci昀椀c rules and
with money held separately from any other funds
owned by the claimant.
This judgment is of signi昀椀cant reassurance to
claimants as it con昀椀rms the principles of PI trusts,
ie, that compensation held in such trusts is protected
and preserved for the claimant’s needs, is not to be
treated as ‘savings’ for the purposes of statutory
昀椀nancial assessments, and that there is no obligation
to utilise such funds before seeking statutory
funding.
Sometimes, damages received may not be su昀케cient to
cover all outgoings that a claimant has – particularly
if they are not working or if the damages award was
a negotiated settlement at less than the full value of
the claim.
Personal injury trusts
This can mean that even with a substantial award of
damages, a claimant will still need to access meanstested bene昀椀ts and funding for care services. It is
Following an injury claim, a person may receive
substantial sums of money by way of damages. These
EXPERT WITNESS JOURNAL
73
JUNE 2026
