Client is a trust beneficiary
Any income received from a trust is included in the means assessment of income.
When a client is assessed as needing residential care, they need to use resources available to them to meet the cost of their care. If the client is a beneficiary of a trust they are entitled and expected to request support from the trust.
If the client refuses to ask the trust for support this could be considered deprivation.
When deprivation has been identified
When a client has deprived themselves of assets or income we can look to the trust as a source of other resources.
If the client or their partner (if any) is a beneficiary of a trust or is not a beneficiary but has a history of receiving support from the trust, we would expect them to ask for support to meet the cost of their care.
For more information see:
Good cause not to ask the trust for support
In some cases, we would consider it reasonable for the client or their partner (if any) not to seek support from the trust.
Cases where it is reasonable for the client not to ask the trust for support include (but are not limited to):
- the trust has no resources so would not be able to support the client anyway
- the client has recently asked the trust for support
- there has been a relationship breakdown between the client and the trustee
