Investment Bonds and Personal Injury Trusts
When an individual receives a significant compensation payment from a personal injury claim, managing those funds responsibly is crucial. Two options often considered are investment bonds and personal injury trusts. Each offers distinct advantages and disadvantages, making the best choice dependent on individual circumstances.
Investment Bonds
Investment bonds are essentially life insurance policies with an investment component. They provide a lump-sum payment on maturity or death. They are popular for their potential tax efficiency, especially for higher-rate taxpayers. While the returns themselves are subject to tax, often this can be deferred and potentially reduced through careful planning and withdrawal strategies.
There are two main types of investment bonds: onshore and offshore. Onshore bonds pay UK corporation tax on their investment gains within the fund, while offshore bonds generally do not. Offshore bonds might appeal to some due to their potential for gross roll-up (earnings accumulating without immediate tax liability), but they come with their own complexities regarding tax reporting and potentially higher charges.
Investment bonds offer a degree of flexibility. Withdrawals can be made, typically subject to tax on any gains exceeding the 5% annual allowance rule. However, taking large sums early could diminish the bond’s long-term growth potential. They typically offer a range of investment options, allowing individuals to tailor their portfolio based on risk tolerance and investment goals.
Personal Injury Trusts
A personal injury trust is a specific type of trust designed to protect compensation payments received as a result of personal injury. The primary benefit is that the funds held within the trust are generally disregarded for means-tested benefits assessments, such as Universal Credit or social care funding. This allows individuals to retain access to essential state support without jeopardizing their compensation award.
Setting up a personal injury trust involves appointing trustees who are responsible for managing the trust assets in the best interests of the beneficiary (the injured person). These trustees could be family members, friends, or professional trustees. The trust deed outlines the rules and guidelines for managing the funds, including permitted uses of the compensation.
The funds held within a personal injury trust can be used for a wide range of expenses related to the individual’s care, rehabilitation, and overall well-being. This might include specialized equipment, therapies, home adaptations, and respite care. The trust provides a legal framework for ensuring that the compensation is used solely for the benefit of the injured person.
Comparing the Options
The key difference lies in the purpose. Investment bonds primarily focus on growth and tax efficiency, while personal injury trusts prioritize protecting access to means-tested benefits. Often, the two are used in conjunction. A personal injury trust is established to safeguard the bulk of the compensation, and then a portion of the trust funds might be invested in an investment bond to generate income or long-term growth, still within the protective umbrella of the trust.
Choosing between or combining these options requires careful consideration of individual circumstances, including the amount of the compensation, the recipient’s income and capital, their need for means-tested benefits, and their long-term financial goals. Seeking professional financial advice from a specialist knowledgeable in both investment bonds and personal injury trusts is essential to make the most appropriate decision.