Does anyone know if ADHD counts as a mental disorder for purposes of vulnerable persons trusts? No benefits other than universal credit are received in this instance.
Looking at HMRC’s site Universal credit is not listed as an eligible benefit
Trusts and taxes: Trusts for vulnerable people - GOV.UK (www.gov.uk)
So, you would need to check with a medical professional whether ADHD is covered by the Mental Health Act 1983.
Kim Jarvis
Vitality
FA 2005 Sch 1A para 1provides in part:
“Disabled person” means—
(a)a person who by reason of mental disorder within the meaning of the Mental Health Act 1983 is incapable of administering his or her property or managing his or her affairs,”
Sch 1A para 1also lists other attributes which fall within the “disabled person” definition but this appears not to include those persons in receipt of universal credit.
MHA 1983 s1 provides in part:
“mental disorder” means any disorder or disability of the mind; and…"
MHA 1983 s 1(4) provides in part;
" “learning disability” means a state of arrested or incomplete development of the mind which includes significant impairment of intelligence and social functioning".
I am unable to find any legislative reference to ADHD but wondered if ADHD would encompass “learning difficulties” this falling with a “mental disorder” ?
Malcolm Finney