Article 7 Amendment of the Inheritance Tax Act 1984

(1)

The Inheritance Tax Act 1984^f1 is amended as follows.

(2)

In section 74(4) (pre-1981 trusts for disabled persons), at the end of paragraph (c), insert—

“, or

(d)

is in receipt of pension age disability payment which is a category of disability assistance specifically for older people given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018^f2.”.

(3)

In section 89A (self-settlement by person expected to fall within the definition of “disabled person”)^f3—

(a)

in subsection (5)—

(i)

omit the “and” at the end of paragraph (c);

(ii)

at the end of paragraph (d), insert—

“, and

(e)

that there will be no provision made by regulations under section 31 of the SS(S)A 2018 for the non-satisfaction of eligibility criteria for pension age disability payment in respect of any period when A is undergoing treatment for renal failure in a hospital or similar institution otherwise than as an in-patient.”; and

(b)

in subsection (8), after the definition of “disability assistance”, insert—

““pension age disability payment” means a category of disability assistance specifically for older people,”.

Annotations

Footnotes

f1: 1984 c. 51.
f2: 2018 asp 9.
f3: Section 89A was added by paragraph 6(1) of Schedule 20 to the Finance Act 2006 (c. 25), and relevantly amended by paragraph 7 of Schedule 44 to the Finance Act 2013 (c. 29) and article 2(2)(a) of S.I. 2021/886.