Disabled Care

Disabled Care (5)

Wednesday, 25 July 2018 16:35


On a recent visit to a sick kids ward I had the pleasure to be engaged by a mesmerising smile, glinting eyes and affectionately happy communication which comprised of no words.

I was sucked in with an overwhelming sense of warmth, happiness and contentment that was coursing through my veins. Personal worries and stress lifted in an instance; life in perspective!

My experience makes me question the meaning of what is normal, what is a disability and more profoundly the role of society in pigeon holing people in to boxes of normal or not. Surely my experience tells us one thing that the young person without verbal communication managed to change my outlook, feelings and demeanour completely in a matter of seconds, quicker than words spoken or written and more enchanting and definitely longer lasting, writing this narrative 4-days later is proof.

If disability is being different, needing more support or challenging society and its views and stereotypes then I say let’s bring it on! What is more important is the breaking barriers, acceptance and making life a much more rewarding place for all. If some want to shape society in a fashion of their own making, please, it has to be one for all and not the few!

I hope for that young girl in a hospital bed that got in to my psyche so intensely in a fleeting moment is provided all the support and acceptance by you, me and society.

We have the responsibility to challenge but also to embrace all in our society that are different from ourselves, remembering being different is a good thing. It makes us human!

How easy is this and could it be easier?

The answer it appears relatively straight forward or that is how it is positioned but the reality is do not expect it to be cheap, simple or quick and be prepared for some challenges in establishing the trust terms how you want them.  There are pitfalls along the way which as you are doing something for the first time and dealing with solicitors and cutting through the legal speak will always be a challenge.

Starting at the logical first point is the setting up of the Will in which you are leaving all or part of your estate to the trust.  At this stage you will define who the beneficiaries of the trust would be and imagine that you have two children and one (A) gets 50% and the other (B), who is disabled their share is to be put into trust. The first realisation is the trust is not purely for them and to avoid a tax burden and the monies being considered as part of their wealth multiple beneficiaries will be identified.  This is required based on the assumptions that the disabled person will most likely be on benefits and any monies purely in their name would be part of the means testing process. Therefore, what might be deemed a relatively small inheritance sum might have significant implications on the amount the individual is receiving in benefits and ultimately having to live on.

The Will in most cases will sit until the eventuality of someone dies at which point the executors will be instructed to set up a discretionary trust as part of the terms.  Be prepared that this means legal costs in establishing and registering the trust and then the added complication of setting up a bank account in the trust name so the monies can be deposited. 

What many would recommend is that the trust is set up in advance so that the heartache and pain of dealing with the solicitor and a bank is done when not coping with the tragic loss of a family member, yet there are downsides to this also.  Banks do not set up trust accounts on a daily basis and the counter staff do not understand.  It took a family 4 different banks before eventually getting one that understood the trust terms and then from an initial request it was over a month to get something that could operate how the trustees required.  If you have a few failed attempts in progressing getting the account set up it could result in three or four months of going back and forward, signing different forms and lengthy conversations.

So, what to look out for is that banks see trust accounts as possible tax avoidance schemes and typically have a small team in a head office that you will not get to speak to regardless of however many times you request it.  The people in the branch reassuringly will say it is simple and straightforward but the reality is the banks see it as complicated and you will experience a chain of Chinese whispers with ultimately restrictions on the account which are the banks position but in many cases, renders the account inoperable.  Many of the banks see the area of trusts for their few private banking clients and do not want to operate the service unless the sums are significant. Banks also have some difficulties with trusts and the arbitrary rules that they set sometimes do not accord with the law.

Given the complexity of just getting a bank account established the next consideration is once the trust is established you will need to register and do annual returns with HMRC.  These are relatively straight forward and typically good record keeping will keep you right in doing the return.

Going back to the consideration of setting up the trust in advance though one area to consider is that trusts can only generate income for a period of 21 years.  So, if you are planning ahead, you will need to have the trust making no money for the period up to the deaths of the individual leaving their inheritance.  Obviously if it is the Will executors who are setting up the trust then it is assumed the individual has died. 

Is it easy then, no. Could it be, yes.

The problem though is that both banks and the government have their guidelines on how they expect the trust should be established and managed, the law has clear guidelines on what can and cannot be in the trust so you will need to be clear and concise in your requirements but willing to accept further beneficiaries of the trust and some of the conditions about trusts are antiquated and have been challenged but remain conditions, such as the 21 years ruling.

The reality, and in conclusion is that the trust needs legal input and you should not try and establish a trust without it.  You might need to shop around for a bank to work with and do not be afraid to walk away and start setting up an account with another if they start to restrict the terms of operating the account.  Finally, we do recommend do it in advance of the death because it taking 2, 3 or even 6-months to set it up in advance is nothing like struggling to do it on someone else’s bequest when possibly grieving.

Saturday, 20 May 2017 09:31

Support for the Disabled

Support for the Disabled

At ICRIT Healthcare we understand that being disabled does not mean that you have restricted access to services, activities or the community and we will support individuals with appropriately trained staff who all have completed relevant in-house and national training for specific conditions.

Disabilities can be both physical and mental but equally they can be complex and combination of both.  Also some disabilities are more common in the elderly but although most commonly related to age the onset of Dementia or Alzheimer's may start occuring at an early age.  The ability stimulate both mind and body is important with the outcomes agreed as part of the care plan.  Visit http://icrithealthcare.co.uk/homepage/support-for-the-disabled to find out more about the sevices we offer.

Saturday, 20 May 2017 09:25

What are Direct Payments?

What are Direct Payments?

Direct payments are a cash enablement for a recipient, after social work assessment to source and pay for a personal carer arranging their own care package directly with a supplier.

Who can get a direct payment?

After assessment and subject to the determination the Council will conclude that an individual is in need of care services and has the right to request a direct payment instead of having those services provided by their local authority. In the current economic climate the local authority will often steer an individual down the direct payment route as it reduces their administrative overheads.

People who may be eligible for Direct Payments are as follows:

  • Older people who need assistance with community based activities and getting around,
  • Disabled adults, over the age of 16, who need assistance with life skills and living independently,
  • Carers, in place of receiving carers’ services,
  • Families with disabled children and used as a form of respite in many cases, and,
  • Disabled parents who need assistance with providing care and support for their children.
To find out more why not get in touch with us and we will happily go through the process and provide answers to any of your questions or concerns.  To read more you can visit our Direct Payments page.

Education Gap for Disabled Young Adults

Children go through school and typically have choices when they either reach 16, 17, or 18 and look at apprenticeships, college and further eductaion, university, or, full time employment.  They have the ability to continue their education with accredited courses which fill qualification gaps or assist them in finding future employment as the gap between school and college is not significant.

Recently identified though is a gap where children with learning disabilities, who have developed at a different rate or quite simply would benefit from an extra couple of years of schooling are left in an area where development is not the priority but keeping them occupied is. 

Doing something meaningful is important and can give someone a sense of inclusion but what happens if the individual needs or wants more but is not capable of stepping into a college place whether that is down to their own individual learning curve or the lack of support in further education.

Many learning disabled are on a learning path that differs from more able minded individuals.

A disabled school leaver has fewer options which may include college or a day centre or even some supported work activity but the what if question is with another couple of years education in a school environment could more choices become available? We enable young adults with the option to leave school at 16, 17, or, 18 but why not the option to stay within education until 19 or 20?

Day centres and supported work groups are not designed to support the traditional learning aspects of development.  Many are focused on independent living skills or fun and interaction with peers.  These are important. Yet the gap between these and colleges with tailored learning programmes could be better catered for.


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