OpenLegislation

Paragraph 22 F1

England, Wales and Scotland

(1)

Any payment made under F2or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts"), F3the Fund F4, the Eileen Trust F5, MFET Limited F6, the Independent Living F7Fund (2006) F8, the Skipton Fund F9, the Caxton Foundation F10, the Scottish Infected Blood Support Scheme F11, an approved blood scheme F12, the London Emergencies Trust, the We Love Manchester Emergency Fund F13the National Emergencies Trust, F14, the Victims of Overseas Terrorism Compensation Scheme or the London Bombings Relief Charitable Fund.

(F151A)

Any Grenfell Tower payment F16, child abuse payment, Windrush payment F17, Post Office compensation payment F18, vaccine damage payment F19, LGBT Financial Recognition Scheme payment or miscarriage of justice compensation payment or any payment made by the Child Migrants Trust (registered charity number 1171479) under the scheme for former British child migrants.

(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 F20, or from a Grenfell Tower payment F21, a child abuse payment F22, a Windrush payment, a Post Office compensation payment F23, a vaccine damage payment F24, an LGBT Financial Recognition 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 F25or 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 F26or 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 F27or, 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 F28, 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 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 F29or 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 F30or who is a qualifying person, which derives from a payment under or by any of the Trusts to which sub-paragraph (1) refers, F31or 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 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 F32or 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 F33full-time 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.

(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, F34or 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 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 F35or 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 F36full-time 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 two years from the relevant date.

(F375A)

Any payment out of the estate of a person, which derives from a payment to meet the recommendation of the Infected Blood Inquiry in its interim report published on 29th July 2022 made under or by the Scottish Infected Blood Support Scheme or an approved blood scheme to the estate of the person, where the payment is made to the person’s son, daughter, step-son or step-daughter.

(F385B)

Any payment out of the estate of a person, which derives from a payment made under or by the Scottish Infected Blood Support Scheme or an approved blood scheme to the estate of the person as a result of that person having been infected from contaminated blood products.

(6)

In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts F39or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment F40, a vaccine damage payment F41, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment.

F42(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 F43, the Eileen Trust F44, MFET Limited F45, the Skipton Fund F46, the Caxton Foundation F47, the Scottish Infected Blood Support Scheme F48, an approved blood scheme F49, the London Emergencies Trust, the We Love Manchester Emergency Fund F50, the National Emergencies Trust F51, the Victims of Overseas Terrorism Compensation Scheme and the London Bombings Relief Charitable Fund.

Annotations

Textual amendments

F1

Sch. 10 para. 22 substituted (11.5.1991) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1991 (S.I. 1991/1175), regs. 1(1), 5(8)(a)

F2

Words in Sch. 10 para. 22(1)-(5) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 2(7)(f)

F3

Words in Sch. 10 para. 22(1)(2) inserted (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 6(8)(a)(i)(ii)

F4

Words in Sch. 10 para. 22(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), 4(5)(a)

F5

Words in Sch. 10 para. 22(1) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 2(3)(g)

F6

Words in Sch. 10 para. 22(1) substituted (12.5.2004) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2004 (S.I. 2004/1141), regs. 1(1), 3(3)(4)(c)

F7

Words in Sch. 10 para. 22(1) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 2(6)(g)

F8

Words in Sch. 10 para. 22(1) substituted (12.12.2005) by The Income-related Benefits (Amendment) (No. 2) Regulations 2005 (S.I. 2005/3391), regs. 1, 2(5)(a)(i)

F9

Words in Sch. 10 para. 22(1) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 7(6)

F10

Words in Sch. 10 para. 22(1) inserted (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 3(3)(f)

F11

Words in Sch. 10 para. 22(1) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 2(3)(f)

F12

Words in Sch. 10 para. 22(1) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 2(3)(f)

F13

Words in Sch. 10 para. 22(1) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 2(12)(a)(i)

F14

Words in Sch. 10 para. 22(1) inserted (27.10.2023) by The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/1144), regs. 1(1), 3(3)(c)

F15

Sch. 10 para. 22(1A) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 2(12)(a)(ii)

F16

Words in Sch. 10 para. 22(1A) inserted (1.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 (S.I. 2021/1405), regs. 1, 2(8)(a)(i)

F17

Words in Sch. 10 para. 22(1A) inserted (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/640), regs. 1(1), 2(8)(a)

F18

Words in Sch. 10 para. 22(1A) substituted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 2(8)(a)

F19

Words in Sch. 10 para. 22(1A) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 2(8)(a)

F20

Words in Sch. 10 para. 22(2) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 2(12)(a)(iii)

F21

Words in Sch. 10 para. 22(2)-(6) inserted (1.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 (S.I. 2021/1405), regs. 1, 2(8)(a)(ii)

F22

Words in Sch. 10 para. 22(2)-(6) substituted (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/640), regs. 1(1), 2(8)(b)

F23

Words in Sch. 10 para. 22(2)-(5) substituted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 2(8)(b)

F24

Words in Sch. 10 para. 22(2)-(5) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 2(8)(b)

F25

Words in Sch. 10 para. 22(2)(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 13(9)(b)(i) (with art. 3)

F26

Words in Sch. 10 para. 22(3) inserted (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 6(8)(a)(iii)(aa)

F27

Words in Sch. 10 para. 22(3) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 13(9)(b)(ii) (with art. 3)

F28

Words in Sch. 10 para. 22(3) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 2(12)(a)(iii)

F29

Words in Sch. 10 para. 22(3) inserted (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 6(8)(a)(iii)(bb)

F30

Words in Sch. 10 para. 22(4)(5) inserted (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 6(8)(a)(iv)(v)

F31

Words in Sch. 10 para. 22(4) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 2(12)(a)(iv)

F32

Words in Sch. 10 para. 22(4)(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 13(9)(b)(iii) (with art. 3)

F33

Words in Sch. 10 para. 22(4)(b)(ii) substituted (31.7.2000) by The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs. 1(1), 5(5), Sch.

F34

Words in Sch. 10 para. 22(5) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 2(12)(a)(iv)

F35

Words in Sch. 10 para. 22(5)(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 13(9)(b)(iv) (with art. 3)

F36

Words in Sch. 10 para. 22(5)(b)(ii) substituted (31.7.2000) by The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs. 1(1), 5(5), Sch.

F37

Sch. 10 para. 22(5A) inserted (30.8.2023) by The Social Security (Infected Blood Capital Disregard) (Amendment) Regulations 2023 (S.I. 2023/894), regs. 1(1), 2(1)(a)(2)

F38

Sch. 10 para. 22(5B) inserted (10.10.2024) by The Social Security (Infected Blood Capital Disregard) (Amendment) Regulations 2024 (S.I. 2024/964), regs. 1(1), 2(1)(a)(2)

F39

Words in Sch. 10 para. 22(6) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 2(12)(a)(v)

F40

Words in Sch. 10 para. 22(6) substituted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 2(8)(b)

F41

Words in Sch. 10 para. 22(6) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 2(8)(b)

F42

Sch. 10 para. 22(7) added (7.5.1992) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1992 (S.I. 1992/1101), regs. 1(1), 6(8)(a)(vi)

F43

Words in Sch. 10 para. 22(7) substituted (12.5.2004) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2004 (S.I. 2004/1141), regs. 1(1), 3(5)(6)(c)

F44

Words in Sch. 10 para. 22(7) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 2(3)(g)

F45

Words in Sch. 10 para. 22(7) substituted (12.12.2005) by The Income-related Benefits (Amendment) (No. 2) Regulations 2005 (S.I. 2005/3391), regs. 1, 2(5)(a)(ii)

F46

Words in Sch. 10 para. 22(7) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 7(6)

F47

Words in Sch. 10 para. 22(7) inserted (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 3(3)(f)

F48

Words in Sch. 10 para. 22(7) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 2(3)(f)

F49

Words in Sch. 10 para. 22(7) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 2(3)(f)

F50

Words in Sch. 10 para. 22(7) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 2(12)(a)(vi)

F51

Words in Sch. 10 para. 22(7) inserted (27.10.2023) by The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/1144), regs. 1(1), 3(3)(c)

Notes on the whole SI

Textual amendments

F1

1986 c. 50; section 84(1) is an interpretation provision and is cited because of the meanings assigned to the words “prescribed” and “regulations”.

F2

1975 c. 14; section 114 is applied by section 52(3)(b) of the Social Security Act 1986 (c. 50); section 166(3A) is inserted by section 62 of that Act and section 166(1) to (3A) is applied by section 83(1) of that Act.

Notes on Schedule 10

Modifications

C1

Sch. 10 paras. 54, 55 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)(e) (with regs. 1(2), 11, 19)

C2

Sch. 10 applied (with modifications) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, sch. Pt. I Table A (with reg. 13)