Regulation 5 Meaning of “relevant person”I1

United Kingdom

(1)

In relation to a person (“E”) in respect of whom a F1non-payment activity is to be undertaken, the relevant person is E unless, on the date the non-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 the relevant age or older and lacks capacity to make some or all decisions about the non-payment activity, in which case the relevant person is a person who—

(i)

has a power of attorney in relation to E F2which authorises the relevant person to undertake the non-payment activity,

(ii)

is a deputy appointed in relation to E under section 16(2)(b) of the Mental Capacity Act 2005^f1,

(iii)

is a guardian appointed in relation to E under the Adults with Incapacity (Scotland) Act 2000^f2,

(iv)

is a controller appointed in relation to E under Article 101 of the Mental Health (Northern Ireland) Order 1986^f3, or

(v)

is authorised to exercise in relation to E powers corresponding to those of a person described in paragraphs (i) to (iv) which were granted by a court outside the United Kingdom;

(c)

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

F3(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.

(2)

In F4this regulation—

F5“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;
“relevant age” means—
1. (a)
  in relation to a person in Scotland, 16;
2. (b)
  in relation to a person anywhere else, 18;
F6...

(3)

For the purposes of paragraph (1)(b), E lacks capacity to make a decision if, while the person is—

(a)

in England and Wales, they lack capacity in relation to that decision for the purposes of section 2 of the Mental Capacity Act 2005;

(b)

in Scotland, they are incapable in relation to that decision for the purposes of section 1 of the Adults with Incapacity (Scotland) Act 2000^f4;

(c)

outside England, Wales and Scotland (including outside the United Kingdom), at the material time E is unable to make the decision for themselves because of an impairment of, or a disturbance in the functioning of, the mind or brain, whether permanent or temporary.

(4)

For the purposes of paragraph (1)(c) F7and (1A)(b), the IBCA must not treat a person as E’s personal representative unless the IBCA has been provided with a document that is by law sufficient evidence of—

(a)

the grant of probate of E’s will,

(b)

the grant of letters of administration of E’s estate, or

(c)

the confirmation of a person as E’s executor.

Annotations

Textual amendments

F1: Words in reg. 5(1) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 5(a)(i)
F2: Words in reg. 5(1)(b)(i) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 5(a)(ii)
F3: Reg. 5(1A) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 5(b)
F4: Words in reg. 5(2) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 5(c)(i)
F5: Words in reg. 5(2) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 5(c)(ii)
F6: Words in reg. 5(2) omitted (31.12.2025) by virtue of The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 5(c)(iii)
F7: Words in reg. 5(4) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 5(d)

Commencement

I1: Reg. 5 in force at 31.3.2025, see reg. 1(2)

Footnotes

f1: 2005 c. 9.
f2: 2000 asp 4. Section 57 has been amended by paragraph 9(4)(b) of Schedule 4, and Schedule 5, to the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) and section 60(1) of the Adult Support and Protection (Scotland) Act 2007 (asp 10).
f3: S.I. 1986/595 (N.I. 4).
f4: Section 1 was amended by S.S.I. 2005/465.