Paragraph 15
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, the F3Independent Living Fund (2006), the Skipton Fund F4, the Caxton Foundation F5, the Scottish Infected Blood Support Scheme F6, an approved blood scheme F7, the London Emergencies Trust, the We Love Manchester Emergency Fund F8, the National Emergencies Trust F9, the Victims of Overseas Terrorism Compensation Scheme or the London Bombings Relief Charitable Fund.
Any Grenfell Tower payment F11, child abuse payment, Windrush payment F12, Post Office compensation payment F13, vaccine damage payment F14, 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.
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 F15, or from a Grenfell Tower payment F16, a child abuse payment F17, a Windrush payment, a Post Office compensation payment F18, a vaccine damage payment F19, 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 F20or 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 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 F21or, 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 F22, 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 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, F23or 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 F24or with whom he has formed a civil partnership that has not been dissolved, nor any child who is or had been a member of that person’s household; 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 or a student who has not completed his full-time education and has no parent or step-parent, to any person standing in the place of his parent,
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, F25or 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 F26or with whom he had formed a civil partnership that had not been dissolved, nor any child who was or had been a member of his household; 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 or a student who had not completed his full-time education and had no parent or step-parent, to any person standing in place his parent,
but only for a period of two years from the relevant date.
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.
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.
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 F29or from a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment F30, a vaccine damage payment F31, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment.
For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund F32, the Eileen Trust F33, MFET Limited F34, the Skipton Fund F35, the Caxton Foundation , the Scottish Infected Blood Support Scheme F36, an approved blood scheme F37, the London Emergencies Trust, the We Love Manchester Emergency Fund F38, the National Emergencies Trust F39, the Victims of Overseas Terrorism Compensation Scheme and the London Bombings Relief Charitable Fund.
In this paragraph—
“child” means any person F40who is a qualifying young person F41within the meaning of regulation 4A or a child F42as defined in section 40 of the 2012 Act (child benefit);
“course of study” means any course of study, whether or not it is a sandwich course and whether or not a grant is made for undertaking or attending it;
“qualifying course” means a qualifying course as defined for the purposes of Parts II and IV of the Jobseeker’s Allowance Regulations;
“sandwich course” has the meaning given in regulation 5(2) of the Education (Student Support) Regulations 2001M1, regulation 5(2) of the Education (Student Loans) (Scotland) Regulations 2000 M2 or regulation 5(2) of the Education (Student Support) Regulations (Northern Ireland) 2000M3, as the case may be;
“student” means a person, other than a person in receipt of a training allowance, who is attending or undertaking—
a course of study at an educational establishment; or
a qualifying course;
“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable—
out of public funds by a Government department or by or on behalf of the Secretary of State, F43Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise;
to a person for his maintenance or in respect of a member of his family; and
for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of the Secretary of State, F44Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise,
but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973 M4 or is training as a teacher F45...
Annotations
Textual amendments
- F1
Words in Sch. 5 para. 15(1)-(5) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 6(7)
- F2
Words in Sch. 5 para. 15(1) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 6(3)(c)
- F3
Words in Sch. 5 para. 15(1) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 5(5)
- F4
Words in Sch. 5 para. 15(1) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 15(6)
- F5
Words in Sch. 5 para. 15(1)(7) inserted (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 5(3)(b)
- F6
Words in Sch. 5 para. 15(1) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 5(3)(b)
- F7
Words in Sch. 5 para. 15(1) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 4(3)(b)
- F8
Words in Sch. 5 para. 15(1) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 4(4)(a)(i)
- F9
Words in Sch. V para. 15(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), 5(3)(b)
- F10
Sch. 5 para. 15(1A) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 4(4)(a)(ii)
- F11
Words in Sch. 5 para. 15(1A) inserted (1.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 (S.I. 2021/1405), regs. 1, 4(4)(a)
- F12
Words in Sch. 5 para. 15(1A) inserted (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/640), regs. 1(1), 4(4)(a)
- F13
Words in Sch. 5 para. 15(1A) substituted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 5(4)(a)
- F14
Words in Sch. 5 para. 15(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), 4(4)(a)
- F15
Words in Sch. 5 para. 15(2) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 4(4)(a)(iii)
- F16
Words in Sch. 5 para. 15(2)-(6) inserted (1.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 (S.I. 2021/1405), regs. 1, 4(4)(b)
- F17
Words in Sch. 5 para. 15(2)-(6) substituted (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/640), regs. 1(1), 4(4)(b)
- F18
Words in Sch. 5 para. 15(2)-(5) substituted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 5(4)(b)
- F19
Words in Sch. 5 para. 15(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), 4(4)(b)
- F20
Words in Sch. 5 para. 15(2) 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. 35(5)(e)(i) (with art. 3)
- F21
Words in Sch. 5 para. 15(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. 35(5)(e)(ii) (with art. 3)
- F22
Words in Sch. 5 para. 15(3) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 4(4)(a)(iii)
- F23
Words in Sch. 5 para. 15(4) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 4(4)(a)(iv)
- F24
Words in Sch. 5 para. 15(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. 35(5)(e)(iii) (with art. 3)
- F25
Words in Sch. 5 para. 15(5) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 4(4)(a)(iv)
- F26
Words in Sch. 5 para. 15(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. 35(5)(e)(iv) (with art. 3)
- F27
Sch. 5 para. 15(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)(c)(2)
- F28
Sch. 5 para. 15(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)(c)(2)
- F29
Words in Sch. 5 para. 15(6) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 4(4)(a)(v)
- F30
Words in Sch. 5 para. 15(6) substituted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 5(4)(b)
- F31
Words in Sch. 5 para. 15(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), 4(4)(b)
- F32
Words in Sch. 5 para. 15(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)(d)
- F33
Words in Sch. 5 para. 15(7) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 6(3)(c)
- F34
Words in Sch. 5 para. 15(7) substituted (12.12.2005) by The Income-related Benefits (Amendment) (No. 2) Regulations 2005 (S.I. 2005/3391), regs. 1, 7(3)(a)(ii)
- F35
Words in Sch. 5 para. 15(7) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 15(6)
- F36
Words in Sch. 5 para. 15(7) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 5(3)(b)
- F37
Words in Sch. 5 para. 15(7) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 4(3)(b)
- F38
Words in Sch. 5 para. 15(7) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 4(4)(a)(vi)
- F39
Words in Sch. 5 para. 15(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), 5(3)(b)
- F40
Words in Sch. 5 para. 15(8) substituted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 6(5)(b)
- F41
Words in Sch. 5 para. 15(8) inserted (28.7.2016) by The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations 2016 (S.I. 2016/624), regs. 1, 4(9)(b) (with reg. 5(3))
- F42
Words in Sch. 5 para. 15(8) substituted (28.7.2016) by The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations 2016 (S.I. 2016/624), regs. 1, 4(9)(b) (with reg. 5(3))
- F43
Words in Sch. 5 para. 15(8)(a) inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 5(4)(b)
- F44
Words in Sch. 5 para. 15(8)(c) inserted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 5(4)(b)
- F45
Words in Sch. 5 para. 15(8) omitted (6.10.2003) by virtue of The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002 (S.I. 2002/3197), reg. 1(1)(b), Sch. para. 12(b)
Marginal citations
- M1
- M2
- M3
- M4
1973 c. 50; section 2 was amended by section 25(1) of the Employment Act 1988 (c. 19), by Part I of Schedule 7 to the Employment Act 1989 (c. 38) and by section 47(1) of the Trade Union Reform and Employment Rights Act 1993 (c.19).