Paragraph 13 I1

Northern Ireland

(1)

Subject to sub-paragraph (2), the amount of any trust payment made to a claimant or a claimant’s partner F1who is–

(a)

F2... a diagnosed person;

(b)

F3a diagnosed person’s partner or was a diagnosed person’s partner at the time of the diagnosed person’s death;

(c)

F4... a parent of a diagnosed person, a person acting in place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death.

(2)

Where F5a trust payment is made to–

(a)

F6a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph shall apply for the period beginning on and including the date on which the trust payment is made and ending on the date on which the partner dies;

(b)

F7a person referred to in sub-paragraph (1)(c), that sub-paragraph shall apply for the period beginning on and including the date on which the trust payment is made and ending 2 years after that date.

(3)

Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made or of any payment out of the estate of a person to whom a trust payment has been made, which is made to a claimant or a claimant’s partner F8who is–

(a)

F9... the diagnosed person;

(b)

F10a diagnosed person’s partner or was a diagnosed person’s partner at the date of the diagnosed person’s death, or

(c)

F11... a parent of a diagnosed person, a person acting in place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death.

(4)

Where F12a payment referred to in sub-paragraph (3) is made to–

(a)

F13a person referred to in sub-paragraph (3)(a) or (b), that sub-paragraph shall apply for the period beginning on and including the date on which the trust payment is made and ending on the date on which the partner dies;

(b)

F14a person referred to in sub-paragraph (3)(c), that sub-paragraph shall apply for the period beginning on and including the date on which the trust payment is made and ending 2 years after that date.

(5)

In this paragraph, a reference to a person –

(a)

being the diagnosed person’s partner;

(b)

acting in place of the diagnosed person’s parents,

at the date of the diagnosed person’s death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person F15residing in a residential care home, nursing home or an independent hospital.

(6)

In this paragraph –

“diagnosed person” means a person who has been diagnosed as suffering from, or who, after his death, has been diagnosed as having suffered from, variant F16Creutzfeldt-Jakob disease;
“relevant trust” means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;
“trust payment” means a payment under a relevant trust.

Annotations

Textual amendments

F1: Words in Sch. 5 para. 13(1) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(11)(c)(i)
F2: Word in Sch. 5 para. 13(1)(a) omitted (6.10.2003) by virtue of The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(11)(c)(ii)
F3: Words in Sch. 5 para. 13(1)(b) inserted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(11)(c)(iii)
F4: Word in Sch. 5 para. 13(1)(c) omitted (6.10.2003) by virtue of The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(11)(c)(iv)
F5: Words in Sch. 5 para. 13(2) inserted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(11)(c)(v)
F6: Words in Sch. 5 para. 13(2)(a) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(11)(c)(vi)
F7: Words in Sch. 5 para. 13(2)(b) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(11)(c)(vii)
F8: Words in Sch. 5 para. 13(3) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(11)(c)(viii)
F9: Words in Sch. 5 para. 13(3)(a) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(11)(c)(ix)
F10: Words in Sch. 5 para. 13(3)(b) inserted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(11)(c)(x)
F11: Word in Sch. 5 para. 13(3)(c) omitted (6.10.2003) by virtue of The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(11)(c)(xi)
F12: Words in Sch. 5 para. 13(4) inserted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(11)(c)(xii)
F13: Words in Sch. 5 para. 13(4)(a) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(11)(c)(xiii)
F14: Words in Sch. 5 para. 13(4)(b) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(11)(c)(xiv)
F15: Words in Sch. 5 para. 13(5) substituted (14.11.2005) by The Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005 (S.R. 2005/458), reg. 1(1), Sch. 4 para. 6
F16: Word in Sch. 5 para. 13(6) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(11)(c)(xv)

Commencement

I1: Sch. 5 para. 13 in operation at 6.10.2003, see reg. 1(1)