§ Mrs. BeckettTo ask the Secretary of State for Social Services why the Income Support (General) Regulations 1987 do not include provisions analogous to regulations 4(6) to (8) of the Supplementary Benefit (Resources) Regulations 1981; and whether this involves any change in the treatment of trust funds in the assessment of entitlement to means-tested benefit.
§ Mr. ScottAs the provisions in regulations 4(6) to (8) of the Supplementary Benefit (Resources) Regulations 1981 to assume a notional resource according to the discretion available under a trust are not present in either housing benefit or family income supplement, we concluded that it would be a simplification not to carry them forward into the new regulations. This is a change which will assist claimants. From April, any resources held in trust to which a person is absolutely entitled will be taken into account from the outset in the income-related benefits. An exception is made where the trust fund is derived from a payment due to a personal injury. Resources held under a discretionary trust, including those arising from personal injury, will be taken into account when the payments are actually made.