Finance Act 1975

Trusts for benefit of mentally disabled persons

19 (1) This paragraph applies to settled property held on trusts under which, during the life of a mentally disabled person, no interest in possession in the settled property subsists and which secure that any of the settled property which is applied during his life is applied only or mainly for his benefit.

(2) Where this paragraph applies to any settled property, then—

(a) if the mentally disabled person is the settlor, neither the making of the settlement nor any addition made by him to the settled property shall be a chargeable transfer ; and

(b) a distribution payment made out of the settled property for the benefit of the mentally disabled person shall not be a capital distribution.

(3) Sub-paragraphs (5) to (9) of paragraph 17 above shall apply where this paragraph applies to any settled property as if the references to that paragraph were references to this paragraph and references to that paragraph ceasing to apply to the settled property included references to the death of the mentally disabled person.

(4) In this paragraph " mentally disabled person " means a person who by reason of mental disorder within the meaning of the [1959 c. 72.] Mental Health Act 1959 is incapable of administering his property or managing his affairs.