Paragraph 23 I1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch.4, para.58 amended by Tax Credits Schemes Amendment (Education Maintenance Allowance) 2000 reg 4(1)(2)(b)
Sch. 4 para. 1A inserted by Tax Credits 2001 reg. 4
Sch. 4 para. 51 substituted by Tax Credits (New Deal Consequential Amendments) 2001 reg. 9(2)
Sch. 4 para. 67 added by Tax Credits 2001 reg. 5(2)
Sch. 4 para. 68 added by Tax Credits 2001 reg. 5
Sch. 4 para. 39(2) words inserted by Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) 2018 Sch. para. 21(c)
Sch. 4 para. 41 word substituted by Secretary of State for Justice 2007 Sch. para. 15(3)
Sch. 4 para. 18 words substituted by Tax Credits 2002 reg. 5(2)

(1)

Any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts”) F1, the Fund F2, the Eileen Trust or F3the Independent Living Funds.

(2)

Any payment by or on behalf of a person who suffered or is suffering from haemophilia or who was or is a qualifying person, or by or on behalf of his partner or former partner from whom he is not or, where either that person or his former partner has died, was not estranged or divorced, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—

(a)

that person or that person’s partner or former partner to whom this sub-paragraph refers;

(b)

any child who is a member of that person’s family or who was such a member and who is a member of the claimant’s family; or

(c)

any young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

(3)

Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—

(a)

that person has no partner or former partner from whom he is not estranged or divorced, nor any child or young person who is or had been a member of that person’s family; and

(b)

the payment is made either—

(i)

to that person’s parent or step-parent; or

(ii)

where that person at the date of the payment is a child, a young person or a student who has not completed his full-time education and has no parent or step-parent, to his guardian,

but only for a period from the date of the payment until the end of two years from that person’s death.

(4)

Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—

(a)

that person at the date of his death (the relevant date) had no partner or former partner from whom he was not estranged or divorced, nor any child or young person who was or had been a member of his family; and

(b)

the payment is made either—

(i)

to that person’s parent or step-parent; or

(ii)

where that person at the relevant date was a child, a young person or a student who had not completed his full-time education and had no parent or step-parent, to his guardian,

but only for a period of 2 years from the relevant date.

(5)

In the case of a person to whom or for whose benefit a payment under sub-paragraph (1), (2), (3) or (4) is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts.

F4(6)

For the purposes of sub-paragraphs (2) to (5), any reference to the Trusts shall be construed as including a reference to the Fund F5and the Eileen Trust.

Annotations

Textual amendments

F1: Words in Sch. 4 para. 23(1)-(4) inserted (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 3(7)(a)(i)-(iv)
F2: Words in Sch. 4 para. 23(1) inserted (14.5.1993) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1993 (S.I. 1993/1249), regs. 1(1)(a), 5(5)(a)
F3: Words in Sch. 4 para. 23(1) substituted (22.4.1993) by The Social Security Benefits (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/963), regs. 1, 6(3)(4)
F4: Sch. 4 para. 23(6) added (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 3(7)(a)(v)
F5: Words in Sch. 4 para. 23(6) added (14.5.1993) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1993 (S.I. 1993/1249), regs. 1(1)(a), 5(5)(b)

Commencement

I1: Sch. 4 para. 23 in force at 7.4.1992, see reg. 1

Notes on Schedule 4

Modifications

C1: Sch. 4 paras. 55, 56 modified (temp. until 27.11.2001) (28.11.2000) by The Social Security (New Deal Pilot) Regulations 2000 (S.I. 2000/3134), regs. 1(1)(b), 17(1)(2)(b) (with regs. 1(2), 11, 19)