{
  "url": "https://openlegislation.uk/draft-diffuse-mesothelioma-payment-scheme-regulations-2014/regulation-17",
  "json_url": "https://openlegislation.uk/draft-diffuse-mesothelioma-payment-scheme-regulations-2014/regulation-17.json",
  "legislation": "ukdsi/2014/9780111109106",
  "legislation_title": "The Diffuse Mesothelioma Payment Scheme Regulations 2014",
  "legislation_url": "https://openlegislation.uk/draft-diffuse-mesothelioma-payment-scheme-regulations-2014",
  "path": "regulation/17",
  "kind": "regulation",
  "number": "17",
  "heading": "Imposing conditions on the making of a payment",
  "text": "(1) Where the scheme administrator decides to make a payment under the scheme the scheme administrator—\n(a) may impose one or more conditions on the making of the payment for the purpose of ensuring that the payment is used for the applicant’s benefit; and\n(b) if it considers that it would be in the interests of the applicant to do so, may impose such conditions as the scheme administrator considers are appropriate for that purpose.\n(2) Conditions which may be imposed include—\n(a) requiring that a trust be established on such terms or in accordance with such arrangements as the scheme administrator may direct for the purpose of administering the amount to be paid to it under the scheme;\n(b) before any payment is made, requiring an application to be made for the appointment of a deputy, guardian or controller.\n(3) The conditions imposed must not be such that they result in the payment being made in a form other than that of the lump sum provided for in regulation 19(2).\n(4) If, in all the circumstances, the scheme administrator considers it appropriate to do so, the scheme administrator may—\n(a) meet the whole or part of any reasonable costs incurred in complying with any condition imposed under this regulation;\n(b) provide such advice or other assistance as the scheme administrator considers necessary in order to ensure that the payment under the scheme is used for the benefit of the applicant.\n(5) The scheme administrator may vary or remove a condition imposed under paragraph 1 where the scheme administrator considers the circumstances so require.\n(6) In this regulation—\n(a) “deputy” has the meaning given in section 16(2)(b) of the Mental Capacity Act 2005;\n(b) “guardian” has the meaning given in section 57 of the Adults with Incapacity (Scotland) Act 2000;\n(c) “controller” has the meaning given by Article 101 of the Mental Health (Northern Ireland) Order 1986.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "2005 c. 9."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2000 asp. 4."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 1986 No. 595 (N.I. 4)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2014/9780111109106/regulation/17",
    "retrieved_at": "2026-10-30T15:13:58.940842+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}