OpenLegislation

Paragraph 39 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 Skipton Fund, the Caxton Foundation F7, the Scottish Infected Blood Support Scheme F8, an approved blood scheme F9, the London Emergencies Trust, the We Love Manchester Emergency Fund F10, the National Emergencies Trust or F11the Independent Living F12Fund (2006).

(F131A)

Any—

(a)

Grenfell Tower payment;

(b)

child abuse payment;

(F14c)

Windrush payment;

(d)

Post Office compensation payment;

(e)

LGBT Financial Recognition Scheme paymentF15;

(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 F16, or from a Grenfell Tower payment F17, a child abuse payment F18, a Windrush payment, a Post Office compensation payment F19, a vaccine damage payment F20, 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 F21or 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 F22or 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 F23or, 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 a payment made under or by any of the Trusts to which sub-paragraph (1) refers F24, 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 fro the benefit of—

(a)

the person who is suffering from haemophilia F25or 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 F26or who is a qualifying person, which derives from a payment under or by any of the Trusts to which sub-paragraph (1) refers, F27or 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 F28or 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 F29full-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, F30or 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 F31or 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 F32full-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.

(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 F33or 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.

F34(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 F35, the Eileen Trust F36, MFET Limited F37, the Skipton Fund F38, the Caxton Foundation F39, the Scottish Infected Blood Support Scheme F40, an approved blood scheme F41, the London Emergencies Trust, the We Love Manchester Emergency Fund F42, the National Emergencies Trust and the London Bombings Relief Charitable Fund.

Annotations

Textual amendments

F1

Sch. 9 para. 39 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(7)(b)

F2

Words in Sch. 9 para. 39(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)(e)

F3

Words in Sch. 9 para. 39(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(7)(b)(i)(ii)

F4

Words in Sch. 9 para. 39(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(4)(b)(i)

F5

Words in Sch. 9 para. 39(1) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 2(3)(f)

F6

Words in Sch. 9 para. 39(1) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 7(5)

F7

Words in Sch. 9 para. 39(1) inserted (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 3(3)(e)

F8

Words in Sch. 9 para. 39(1) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 2(3)(e)

F9

Words in Sch. 9 para. 39(1) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 2(3)(e)

F10

Words in Sch. 9 para. 39(1) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 2(11)(b)(i)

F11

Words in Sch. 9 para. 39(1) substituted (22.4.1993) by The Social Security Benefits (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/963), regs. 1, 2(3)(4)

F12

Words in Sch. 9 para. 39(1) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 2(6)(f)

F13

Sch. 9 para. 39(1A) substituted (1.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 (S.I. 2021/1405), regs. 1, 2(7)(b)(i)

F14

Sch. 9 para. 39(1A)(c)-(e) substituted for Sch. 9 para. 39(1A)(c)(d) (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 2(7)(a)

F15

Sch. 9 para. 39(1A)(f) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 2(7)(a)

F16

Words in Sch. 9 para. 39(2) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 2(11)(b)(iii)

F17

Words in Sch. 9 para. 39(2)-(6) inserted (1.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 (S.I. 2021/1405), regs. 1, 2(7)(b)(ii)

F18

Words in Sch. 9 para. 39(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(7)(b)

F19

Words in Sch. 9 para. 39(2)-(6) substituted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 2(7)(b)

F20

Words in Sch. 9 para. 39(2)-(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(7)(b)

F21

Words in Sch. 9 para. 39(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(8)(b)(i) (with art. 3)

F22

Words in Sch. 9 para. 39(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(7)(b)(iii)(aa)

F23

Words in Sch. 9 para. 39(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(8)(b)(ii) (with art. 3)

F24

Words in Sch. 9 para. 39(3) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 2(11)(b)(iii)

F25

Words in Sch. 9 para. 39(3)(a) 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(7)(b)(iii)(bb)

F26

Words in Sch. 9 para. 39(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(7)(b)(iv)(v)

F27

Words in Sch. 9 para. 39(4) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 2(11)(b)(iv)

F28

Words in Sch. 9 para. 39(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(8)(b)(iii) (with art. 3)

F29

Words in Sch. 9 para. 39(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.

F30

Words in Sch. 9 para. 39(5) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 2(11)(b)(iv)

F31

Words in Sch. 9 para. 39(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(8)(b)(iv) (with art. 3)

F32

Words in Sch. 9 para. 39(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.

F33

Words in Sch. 9 para. 39(6) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 2(11)(b)(v)

F34

Sch. 9 para. 39(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(7)(b)(vi)

F35

Words in Sch. 9 para. 39(7) substituted (4.10.2004) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2004 (S.I. 2004/2308), regs. 1(1), 3(3)(4)(a)

F36

Words in Sch. 9 para. 39(7) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 2(3)(f)

F37

Words in Sch. 9 para. 39(7) substituted (12.12.2005) by The Income-related Benefits (Amendment) (No. 2) Regulations 2005 (S.I. 2005/3391), regs. 1, 2(4)

F38

Words in Sch. 9 para. 39(7) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 7(6)

F39

Words in Sch. 9 para. 39(7) inserted (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 3(3)(e)

F40

Words in Sch. 9 para. 39(7) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 2(3)(e)

F41

Words in Sch. 9 para. 39(7) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 2(3)(e)

F42

Words in Sch. 9 para. 39(7) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 2(11)(b)(vi)

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 9

Modifications

C1

Sch. 9 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)

C2

Sch. 9 applied (with modifications) (1.10.2007) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Travel Expenses and Remission of Charges) (Amendment No.2) Regulations 2007 (S.I. 2007/2590), regs. 1(1), 2(2))