Paragraph 15 I1

Northern Ireland

(1)

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 F3, the Independent Living F4Fund (2006) F5, the Skipton Fund F6, the Caxton Foundation or the London Bombings Relief Charitable Fund (2006) .

(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 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 F7or 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.

(3)

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 F8or, 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 and which is made to or for the benefit of the person who is suffering from haemophilia or who is a qualifying person.

(4)

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, where –

(a)

that person has no partner or former partner from whom he is not estranged or divorced F9or 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

(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 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 and including the date of the payment until the end of 2 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, 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 F10or 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

(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 or a student who had not completed his full-time education and had no parent or step-parent, to any person standing in place of his parent,

but only for a period of 2 years from and including 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 capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts.

(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 F11, the Eileen Trust F12, MFET Limited F13, the Skipton Fund F14, the Caxton Foundation and the London Bombings Relief Charitable Fund.

(8)

In this paragraph –

“child” means any person F15who is a qualifying young person or a child for the purposes of Part IX of the Contributions and Benefits 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 (Northern Ireland) 2000^f1, regulation 5(2) of the Education (Student Support) Regulations 2001^f2 or regulation 5(2) of the Education (Student Loans) (Scotland) Regulations 2000^f3, as the case may be;
“student” means a person, other than a person in receipt of a training allowance, who is attending or undertaking –
1. (a)
  a course of study at an educational establishment, or
2. (b)
  a qualifying course;
“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable –
1. (a)
  out of public funds by a government department or by or on behalf of the Department for Employment and Learning;
2. (b)
  to a person for his maintenance or in respect of a member of his family, and
3. (c)
  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 Department for Employment and Learning,
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 1 of the Employment and Training Act (Northern Ireland) 1950 or is training as a teacher.

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 (Northern Ireland) 2010 (S.R. 2010/69), 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 (Northern Ireland) 2010 (S.R. 2010/69), regs. 1(1), 6(3)(c)
F3: Words in Sch. 5 para. 15(1) substituted (12.5.2004) by The Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2004 (S.R. 2004/213), regs. 1(1), 3(1)(2)(c)
F4: Words in Sch. 5 para. 15(1) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 (S.R. 2008/428), regs. 1(1), 5(4)
F5: Words in Sch. 5 para. 15(1) substituted (12.12.2005) by The Income-related Benefits (Amendment No. 2) Regulations (Northern Ireland) 2005 (S.R. 2005/550), regs. 1(1), 6(3)(a)(i)
F6: Words in Sch. 5 para. 15(1) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 14(6)(a)
F7: 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 (Northern Ireland) 2005 (S.R. 2005/536), art. 1, Sch. 3 para. 30(5)(e)(i) (with art. 3)
F8: 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 (Northern Ireland) 2005 (S.R. 2005/536), art. 1, Sch. 3 para. 30(5)(e)(ii) (with art. 3)
F9: 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 (Northern Ireland) 2005 (S.R. 2005/536), art. 1, Sch. 3 para. 30(5)(e)(iii) (with art. 3)
F10: 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 (Northern Ireland) 2005 (S.R. 2005/536), art. 1, Sch. 3 para. 30(5)(e)(iv) (with art. 3)
F11: Words in Sch. 5 para. 15(7) substituted (12.5.2004) by The Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2004 (S.R. 2004/213), regs. 1(1), 3(3)(4)(c)
F12: Words in Sch. 5 para. 15(7) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010 (S.R. 2010/69), regs. 1(1), 6(3)(c)
F13: Words in Sch. 5 para. 15(7) substituted (12.12.2005) by The Income-related Benefits (Amendment No. 2) Regulations (Northern Ireland) 2005 (S.R. 2005/550), regs. 1(1), 6(3)(a)(ii)
F14: Words in Sch. 5 para. 15(7) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 14(6)(a)
F15: Words in Sch. 5 para. 15(8) substituted (10.4.2006) by The Social Security (Young Persons) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/128), regs. 1(1)(b), 5(5)(b)

Commencement

I1: Sch. 5 para. 15 in operation at 6.10.2003, see reg. 1(1)

Footnotes

f1: S.R. 2000 No. 213
f2: S.I. 2001 No. 951
f3: S.I. 2000/200