Regulation 5 Amendments relating to payments in respect of persons lacking capacity

In regulation 5 (meaning of “relevant person”)—

(a)

in paragraph (1)—

(i)

for “specified activity”, in each place it occurs, substitute “non-payment activity”;

(ii)

in sub-paragraph (b)(i), at the end insert “which authorises the relevant person to undertake the non-payment activity”;

(b)

after paragraph (1) insert—

“(1A)

In relation to a person (“E”) in respect of whom a payment activity is to be undertaken, the relevant person is E unless on the date the payment activity is undertaken—

(a)

E is under the relevant age, in which case the relevant person is a person with parental responsibility for E;

(b)

E is deceased, in which case the relevant person is E’s personal representative.”;

(c)

in paragraph (2)—

(i)

in the opening words, for “paragraph (1)” substitute “this regulation”;

(ii)

after the opening words insert—

““non-payment activity” means any step or decision, other than a payment activity, pursuant to these Regulations;

“payment activity” means the making of a payment, or the requiring of a repayment, pursuant to these Regulations;”;

(iii)

omit the definition of “specified activity”;

(d)

in paragraph (4), after “(1)(c)” insert “and (1A)(b)”.