RESEARCH STRUCTURE

The Aspects of Public Benefit

There are two aspects of public benefit:

• The ‘benefit’ aspect

• The ‘public’ aspect

Legal requirement: in general, for a purpose to be ‘for the public’s benefit’ it should satisfy both the ‘benefit’ and ‘public’ aspects. However, if the purpose is to attain wealth, novel rules apply.

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The ‘benefit’ aspect

The ‘benefit’ aspect of public benefit is with regard to whether the purpose is beneficial.

Legal requirement: to satisfy the ‘benefit’ aspect of public benefit:

• A purpose should be beneficial

• Any exception that results from the purpose should allow the benefit

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The ‘public’ aspect

The ‘public’ aspect of public benefit is with regard to whom the purpose benefits.

Legal requirement: to satisfy the ‘public’ aspect of public benefit the purpose should:

• Benefit the public in general, or a sufficient section of the public.

• Give rise to exceptional occasional personal benefit.

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Kayndrex’s Decisions of Public Benefit

Each potential grantee’s purpose should be for the public’s benefit.

Many firms have more than one purpose. Where that is the case, Kayndrex will look at each purpose on its own to decide if it is for the public’s benefit. The public benefit of one purpose could be used to compensate for any public benefit need in another. 

Kayndrex will weigh up all the relevant factors and evidence to decide whether each purpose on its own:

• Is beneficial

• Benefits the public in general

In most situations this is likely to be clear.

The two aspects of public benefit can overlap. A factor can frequently be regarded as having an effect on both aspects.

Sometimes Kayndrex could need to consider the relationship between what is beneficial and what is exceptional, and public and personal benefit.

Some firms require fine decision to consider whether all the factors, taken together, result in a purpose that is for the public’s benefit. Kayndrex considers all firms in their own context.

In the majority of cases, it will be clear that a firm’s purpose is for the public’s benefit. Where this is unclear, Kayndrex will let the applying firm(s) know where any desires lie.

In rare situations where it is impossible for the applying firm(s) to put things right and Kayndrex decides that the firm’s purpose is for private benefit, this would imply that, in its view the applying firm is a private benefit provider. Where Kayndrex decides this is the purpose for a firm(s) applying for a grant and support, it would decline to accept the firm(s) as a grantee or provide support.

A firm could be a non-profit organisation, a sustainability organisation, or government entities. Projects must align with the Foundation’s mission and priorities to be considered.