User Controlled Trusts / Independent Living Trusts and Direct Payments

What are they and what are the aims?

Independent Living Trusts are also called User Controlled Trusts. The aim of the trust is to ensure that people who need additional help and support to manage their lives are able to do so and remain in control. Some people have difficulties managing their own money, and arranging their own care without support. The person may only be able to express themselves through their behaviour. It is essential that at least two of the Trustees know the person very well with a view to ensuring the persons wishes and choices are recognised, respected and carried out.

Independent living does not have to mean living alone. The main aim of the Independent Living Trust is to support an individual in reaching their full potential through being able to exercise choice and control and to enjoy life to the full within their own community.

An Independent Living Trust is legally bound. It is managed by a group of trustees and can be registered with the Inland Revenue.

What is a trustee?

The Trustees may be those from a professional background, perhaps a solicitor, perhaps a family member or someone who knows the individual very well. This ensures the individual's interests are fully respected whilst help is available for the more difficult decisions. Establishing who may be appropriate as a trustee could be organised through a Circle of Support.

Direct Payments

Independent Living Trusts can manage any money paid via Direct Payments, but can also include money from other sources, such as housing benefit, family money or that from the Independent Living Fund. Although the money is for the individual's use it is managed with the support of the trustees. They have a responsibility to make sure the money is being used as required by both the individual and in line with the Trust Deed. The Independent Living trust is open to monitoring and review from the agencies awarding the money so they can make sure it has been used for the specific purpose it was meant for.

What is the Trust Deed?

The Trust Deed is a commitment of three or more people (trustees) to manage someone else's money. The commitment is made by using a written agreement (deed).The Trust Deed creates legal duties and responsibilities for the Trustees. All the trustees, and the person for whom the trust is being made, are named. The group of trustees must sign the document, and someone who is independent from the living trust must witness their signatures. A trust deed needs to clearly state the purposes it is being set up for, and the powers of the trustees.

Tasks that trustees would take responsibilities for include:

• Becoming an employer - employing and supporting and supporting staff.
• Opening and controlling a bank account.
• Undertaking a range of financial duties.
• Arranging services from a care agency.
• Paying staff.

How do I find out more?

Ask the Independent Living Team at Warrington Disability Partnership on 01925 231712 or the Direct Payments Team, at Warrington Borough Council on 01925 443577.

Helpful reading material

'Trusting Independence' - A practical guide to independent living trusts, by Andrew Holman and Catherine Bewley. This is quite comprehensive and covers every aspect of Independent Living Trusts.

Useful website to visit

www.suffolkcc.gov.uk - Suffolk CC have a page on setting up a trust fund which is easy to follow.