OpenLegislation

Paragraph 37 I1

Northern Ireland

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

(1)

Any payment made under F1or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts”), the Fund, the Eileen Trust F2, MFET Limited F3, the Skipton Fund, the Caxton Foundation F4, the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme F5, the London Emergencies Trust, the We Love Manchester Emergency Fund F6, the National Emergencies Trust or the Independent Living F7Fund (2006).

F8(1A)

Any—

(a)

Grenfell Tower payment;

(b)

child abuse payment;

(F9c)

Windrush payment;

(d)

Post Office compensation payment;

(e)

LGBT Financial Recognition Scheme payment F10;

(F11ea)

Mother and Baby Scheme payment;

(f)

miscarriage of justice compensation payment.

(2)

Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under or by any of the Trusts to which sub-paragraph (1) refers F12, or from a Grenfell Tower payment F13, a child abuse payment F14, a Windrush payment, a Post Office compensation payment F15, a vaccine damage payment F16, an LGBT Financial Recognition Scheme payment F17, a Mother and Baby Scheme payment or a miscarriage of justice compensation payment,, and which is made to or for the benefit of—

(a)

that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person’s death;

(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 or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death, which derives from a payment made under or by any of the Trusts to which sub-paragraph (1) refers , or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment , a Mother and Baby Scheme payment or a miscarriage of justice compensation payment, and which is made to or for the benefit of—

(a)

the person who is suffering from haemophilia or who is a qualifying person;

(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.

(4)

Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under or by any of the Trusts to which sub-paragraph (1) refers , or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment , a Mother and Baby Scheme payment or a miscarriage of justice compensation payment,, where—

(a)

that person has no partner or former partner from whom he is not estranged or divorced or with whom he has formed a civil partnership that has not been dissolved, 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 2 years from that person’s death.

(5)

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 or by any of the Trusts to which sub-paragraph (1) refers , or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment , a Mother and Baby Scheme payment or a miscarriage of justice compensation payment,, 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 or with whom he had formed a civil partnership that had not been dissolved, 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.

(6)

In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any income which derives from any payment of income or capital made under or deriving from any of the Trusts F18or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment , a Mother and Baby Scheme payment or a miscarriage of justice compensation payment.

(7)

For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund, the Eileen Trust F19, MFET Limited, the Skipton Fund F20, the Caxton Foundation F21, the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme F22, the London Emergencies Trust, the We Love Manchester Emergency Fund F23, the National Emergencies Trust and the London Bombings Relief Charitable Fund.

Annotations

Textual amendments

F1

Words in Sch. 6 para. 37(1)-(5) inserted (1.4.2010 for specified purposes, 5.4.2010 in so far as not already in operation) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010 (S.R. 2010/69), regs. 1(3)(a), 8(5)(f)

F2

Words in Sch. 6 para. 37(1) inserted (1.4.2010 for specified purposes, 5.4.2010 in so far as not already in operation) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010 (S.R. 2010/69), regs. 1(3)(a), 8(3)(g)

F3

Words in Sch. 6 para. 37(1) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 19(5)(d)

F4

Words in Sch. 6 para. 37(1) inserted (30.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations (Northern Ireland) 2017 (S.R. 2017/219), regs. 1(1), 6(3)(e)

F5

Words in Sch. 6 para. 37(1) inserted (27.9.2017) by The Social Security (Emergency Funds) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/205), regs. 1, 6(3)(f)

F6

Words in Sch. 6 para. 37(1) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020 (S.R. 2020/108), regs. 1(1), 5(11)(a)

F7

Words in Sch. 6 para. 37(1) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 (S.R. 2008/428), regs. 1(1), 6(3)(f)

F8

Sch. 6 para. 37(1A) substituted (5.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/345), regs. 1(1), 5(7)(a)

F9

Sch. 6 para. 37(1A)(c)-(e) substituted for Sch. 6 para. 37(1A)(c)(d) (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/24), regs. 1(1), 6(7)(a)

F10

Sch. 6 para. 37(1A)(f) and semicolon substituted for full stop in Sch. 6 para. 37(1A)(e) (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025 (S.R. 2025/122), regs. 1(1), 5(7)(a)

F11

Sch. 6 para. 37(1A)(ea) inserted (30.10.2026) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2026 (S.R. 2026/177), regs. 1(1), 4(7)(a)

F12

Words in Sch. 6 para. 37(2)-(5) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020 (S.R. 2020/108), regs. 1(1), 5(11)(c)

F13

Words in Sch. 6 para. 37(2)-(6) inserted (5.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/345), regs. 1(1), 5(7)(b)

F14

Words in Sch. 6 para. 37(2)-(6) substituted (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/97), regs. 1(1), 5(7)(b)

F15

Words in Sch. 6 para. 37(2)-(6) substituted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/24), regs. 1(1), 6(7)(b)

F16

Words in Sch. 6 para. 37(2)-(6) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025 (S.R. 2025/122), regs. 1(1), 5(7)(b)

F17

Words in Sch. 6 para. 37(2)-(6) inserted (30.10.2026) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2026 (S.R. 2026/177), regs. 1(1), 4(7)(b)

F18

Words in Sch. 6 para. 37(6) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020 (S.R. 2020/108), regs. 1(1), 5(11)(d)

F19

Words in Sch. 6 para. 37(7) inserted (1.4.2010 for specified purposes, 5.4.2010 in so far as not already in operation) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010 (S.R. 2010/69), regs. 1(3)(a), 8(3)(g)

F20

Words in Sch. 6 para. 37(7) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 19(6)(c)

F21

Words in Sch. 6 para. 37(7) inserted (30.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations (Northern Ireland) 2017 (S.R. 2017/219), regs. 1(1), 6(3)(e)

F22

Words in Sch. 6 para. 37(7) inserted (27.9.2017) by The Social Security (Emergency Funds) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/205), regs. 1, 6(3)(f)

F23

Words in Sch. 6 para. 37(7) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020 (S.R. 2020/108), regs. 1(1), 5(11)(e)

Commencement

I1

Sch. 6 para. 37 in operation at 20.11.2006, see reg. 1(1)

Notes on Schedule 6

Modifications

C1

Sch. 6 applied (with modifications) (1.4.2007) by The Rate Relief (General) Regulations (Northern Ireland) 2007 (S.R. 2007/204), regs. 1(1), 19(3)