Paragraph 41
Any payment made under F1or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust (“the Trusts") F2, MFET Limited F3, the Skipton Fund, the Caxton Foundation F4, the Scottish Infected Blood Support Scheme F5, an approved blood scheme F6, the London Emergencies Trust, the We Love Manchester Emergency Fund F7, the National Emergencies Trust or the Independent Living F8Fund (2006).
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 or a miscarriage of justice compensation payment, and which is made to or for the benefit of—
that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced F17or 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;
any child or 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.
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 F18or, 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 F19, 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—
the person who is suffering from haemophilia or who is a qualifying person;
any child or 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.
Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from the payment under or by any of the Trusts to which sub-paragraph (1) refers, F20or 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—
that person has no partner or former partner from whom he is not estranged or divorced F21or 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
the payment is made either–
to that person’s parent or step-parent, or
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 had 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.
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, F22or 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—
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 F23or 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
the payment is made either–
to that person’s parent or step-parent, or
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 two years from the relevant date.
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 F24or 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.
For the purposes of paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Skipton Fund F26, the Caxton Foundation F27, the Scottish Infected Blood Support Scheme F28, an approved blood scheme F29, the London Emergencies Trust, the We Love Manchester Emergency Fund F30, MFET Limited F31, the National Emergencies Trust F32and the London Bombings Relief Charitable Fund.
Annotations
Textual amendments
- F1
Words in Sch. 7 para. 41(1)-(5) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(8)(e)
- F2
Words in Sch. 7 para. 41(1) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(12)(a)
- F3
Words in Sch. 7 para. 41(1) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(9)
- F4
Words in Sch. 7 para. 41(1) inserted (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 4(3)(e)
- F5
Words in Sch. 7 para. 41(1) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 3(3)(e)
- F6
Words in Sch. 7 para. 41(1) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 3(3)(e)
- F7
Words in Sch. 7 para. 41(1) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 3(11)(b)(i)
- F8
Words in Sch. 7 para. 41(1) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 4(7)(e)
- F9
Sch. 7 para. 41(1A) substituted (1.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 (S.I. 2021/1405), regs. 1, 3(7)(b)(i)
- F10
Sch. 7 para. 41(1A)(c)-(e) substituted for Sch. 7 para. 41(1A)(c)(d) (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 3(7)(a)
- F11
Sch. 7 para. 41(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), 3(7)(a)
- F12
Words in Sch. 7 para. 41(2) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 3(11)(b)(iii)
- F13
Words in Sch. 7 para. 41(2)-(6) inserted (1.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 (S.I. 2021/1405), regs. 1, 3(7)(c)
- F14
Words in Sch. 7 para. 41(2)-(6) substituted (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/640), regs. 1(1), 3(7)(b)
- F15
Words in Sch. 7 para. 41(2)-(6) substituted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 3(7)(b)
- F16
Words in Sch. 7 para. 41(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), 3(7)(b)
- F17
Words in Sch. 7 para. 41(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. 26(12)(a)(i) (with art. 3)
- F18
Words in Sch. 7 para. 41(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. 26(12)(a)(ii) (with art. 3)
- F19
Words in Sch. 7 para. 41(3) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 3(11)(b)(iii)
- F20
Words in Sch. 7 para. 41(4) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 3(11)(b)(iv)
- F21
Words in Sch. 7 para. 41(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. 26(12)(a)(iii) (with art. 3)
- F22
Words in Sch. 7 para. 41(5) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 3(11)(b)(iv)
- F23
Words in Sch. 7 para. 41(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. 26(12)(a)(iv) (with art. 3)
- F24
Words in Sch. 7 para. 41(6) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 3(11)(b)(v)
- F25
Sch. 7 para. 41(7) added (4.10.2004) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2004 (S.I. 2004/2308), regs. 1(1), 3(5)
- F26
Words in Sch. 7 para. 41(7) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(10)
- F27
Words in Sch. 7 para. 41(7) inserted (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 4(3)(e)
- F28
Words in Sch. 7 para. 41(7) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 3(3)(e)
- F29
Words in Sch. 7 para. 41(7) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 3(3)(e)
- F30
Words in Sch. 7 para. 41(7) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(12)(b)
- F31
Words in Sch. 7 para. 41(7) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 3(11)(b)(vi)
- F32
Words in Sch. 7 para. 41(7) added (12.12.2005) by The Income-related Benefits (Amendment) (No. 2) Regulations 2005 (S.I. 2005/3391), regs. 1, 5(4)
Notes on the whole SI
Textual amendments
- F1
- F2
Section 35(1) is an interpretation provision: it is cited because it contains powers exercised in these Regulations in the definitions of “employment", “jobseeker's period", “pensionable age", “pensionable payments", “training" and “work" and because of the meaning assigned to the words “prescribed" and “regulations".
- F3
1992 c.5; section 191 is an interpretation provision and it is cited because of the meaning ascribed to the word “prescribed".
- F4
1992 c.4; sections 171D and 171G(2) were inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 6(1) and have effect for the purposes of the Jobseekers Act 1995 by virtue of paragraph 2 of Schedule 1 to that Act. Section 171G(2) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".
- F5
See section 173(5)(b) of the Social Security Administration Act 1992 (c.5).
Notes on Schedule 7
Modifications
- C1
Sch. 7 para. 65 modified (temp.) (29.11.1999) by The Social Security (New Deal Pilot) Regulations 1999 (S.I. 1999/3156), regs. 1(1), 16 (with regs. 1(2), 11, 19)
- C2
Sch. 7 modified (22.11.2010) by The Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 (S.I. 2010/1222), regs. 1(2), 16